According to the plaint, a 1990 agreement with Saregama’s predecessor, The Gramophone Company of India Ltd, only assigned rights limited to reproduction and distribution of existing, original audio work.
Trimurti contends this assignment did not include modify or adapt the song recording to create a derivative work through means including synchronization, remix.
“The agreement did not confer any right to grant the said song a new identity or character by embedding it within a different cinematograph film, nor to alter, modify or adapt the original work in a manner that results in its transformation or recontextualisation. Any such use amounts to an unauthorised alteration and distortion of the original work undertaken without the consent of the authors of the underlying works,” the plaint stated.
