Chaanyache Rathi, one of the seven numbers in the collection. All songs in this cassette were rendered by Bhonsale and Wadkar under the guidance of Patki.
According to Buyao's advocate, Vallabh Kudchadkar, he was identified as the music director of the original number, which was produced by Gramophone Company of India (GCI) in 1967. ``Since there was no agreement between Buyao and GCI vesting the copyright with the company, my client is the copyright holder,'' says Kudchadkar. Buyao in his petition has claimed his tune was lifted in toto in the new cassette produced by Rajendra Talak, a Goan film-maker. The petitioner in a civil case filed in the same matter has sought compensation of Rs 2 lakh from the respondents.
While the original version of the song was produced in 1967 to coincide with the opinion poll in Goa, the one rendered by Bhosale and Wadkar were introduced in 1996. ``All numbers are well-known Goan songs,'' says Talak. He, however, denied he violated any copyright laws as one is allowed to change a couple of notations and pan of a tune as an original composition. ``Frankly, neither Talak nor I knew the song was already recorded, so there's no question of copying it,'' said Patki.
Talak also accused Buyao of being publicity hungry. ``He has dragged in the names of Asha Bhonsale and Suresh Wadkar to gain some publicity,'' said Talak. Both Talak and Buyao own rival companies in the entertainment business. ``I can understand Buyao taking me to court, but why are the singers being pulled along? It's just a game to earn money,'' said a peeved Patki.
Earlier attempts by Buyao to stop distribution of the cassette by getting stay orders were foiled by the producers. Recently a lower court had refuted the petition filed by Buyao as he couldn't convince the judge he held the copyright for the tune.
Incidentally, the writer of the song, advocate and newspaper editor Uday Bhembre seems least affected by the controversy. ``Many people have played the song on radio and television, I had no problems,'' he said. But Bhembre feels the copyright was vested with Gramophone Company of India.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.