Copyright Clash Over Bollywood Classic: Bombay High Court to Decide ‘Saat Samundar Paar’ Dispute

Copyright Clash Over Bollywood Classic: Bombay High Court to Decide ‘Saat Samundar Paar’ Dispute

Introduction

In a high-profile copyright dispute involving one of Bollywood’s most iconic songs, Bombay High Court is seized of a suit filed by Trimurti Films Pvt. Ltd., seeking to restrain the use of the song “Saat Samundar Paar” in an upcoming Hindi film. The producer alleges unauthorised remixing and incorporation of the song without its consent, raising questions on the scope of legacy music licensing agreements.

Factual Background

Trimurti Films is the producer of the 1992 film Vishwatma and claims to be the first owner of copyright in the cinematograph film, its sound recordings, and the underlying musical and literary works, including the song Saat Samundar Paar.

According to the plaintiff, it was discovered in early December 2025 that the song was being remixed and used in promotional material for the forthcoming film Tu Meri Main Tera Main Tera Tu Meri. Promotional posts on Instagram allegedly featured the tune and audio of the song, with rapper Badshah credited as the artist.

Procedural Background

The suit has been filed against Dharma Production Private Limited, Namah Pictures Private Limited, Saregama India Ltd., and Badshah.

Replies have been tendered by Dharma Production and Saregama before Justice Sharmila U Deshmukh, who has listed the matter for further consideration of ad-interim reliefs on December 22, 2025.

Issues

1. Whether Trimurti Films continues to hold exclusive rights over the song Saat Samundar Paar and its underlying works.

2. Whether the 1990 agreement with Saregama’s predecessor authorised remixing, adaptation or incorporation of the song into a new cinematograph film.

3. Whether the defendants’ use amounts to copyright infringement, violation of moral rights, and unfair exploitation of goodwill.

Contentions of the Parties

Plaintiff: Trimurti Films relies on a 1990 agreement with Saregama’s predecessor, asserting that only limited mechanical and audio rights for manufacture and sale of records and cassettes were granted. It contends that no rights were assigned to remix, adapt, synchronise, or embed the song into another film or visual medium. The plaintiff alleges that the impugned use constitutes unauthorised alteration and recontextualisation of the work, infringing both statutory and moral rights under the Copyright Act, 1957. It further claims that the song is iconic and exclusively associated with Trimurti Films in the public mind, and that the defendants are unfairly freeriding on its goodwill.

Defendants: The producers of the upcoming film are stated to have claimed that they obtained a licence from Saregama India Ltd. After reviewing the 1990 agreement, Saregama is said to have asserted exclusive rights in the song and called upon Trimurti Films to withdraw its claims.

Reasoning and Analysis

At this stage, the Court has not adjudicated the merits but has noted the rival interpretations of the 1990 agreement and the competing claims of ownership and licensing. The dispute squarely turns on whether the historical grant of rights extended beyond mechanical exploitation to cover derivative works such as remixes and synchronisation in new films. The case also raises broader questions on the extent to which iconic songs can be reused in modern cinematic contexts without the original producer’s consent.

Decision

The Bombay High Court has not yet granted or refused interim relief. With replies on record from key defendants, the matter has been posted for further hearing on ad-interim reliefs. The Court will consider whether to restrain the use, release or exploitation of the upcoming film to the extent it incorporates Saat Samundar Paar.

In this case the plaintiff was represented by Senior Advocate Venkatesh Dhond with Mr. Hiren Kamod, Mr. V Mohini, Ms. Aarti Aggarwal, Mr. Karan Khiani and Mr. Rohan Lopes, Advocates. Meanwhile the defendant was represented by Senior Advocate Birendra Saraf and Senior Advocate Veerendra Tulzapurkar.