Kerala HC stays ban on 'Kantara' song's use in theatres and OTT

Justice Kausar Edappagath ordered a stay to the Kozhikode Additional Sessions Court Ban order. The High Court order follows after an appeal filed by Hombale Films, the producers of 'Kantara'.

Ernakulam:The High Court of Kerala has stayed the temporary ban on the screening of the song 'Varaha Roopam' from the super hit Kannada film 'Kantara' in OTT or in theatres. Justice Kausar Edappagath ordered a stay to the Kozhikode Additional Sessions Court Ban order. The High Court order follows after an appeal filed by Hombale Films, the producers of 'Kantara'.

Calicut Additional Sessions Court banned 'Varaha Roopam' on Mathrubhumi's petition. The lower court's ban was based on the similarity of 'Varaha Roopam' with the song 'Navarasam' composed by Thaikudam Bridge for Mathrubhumi Music. The court banned the screening of the song on OTT platforms like Amazon, YouTube, Spotify, Wink Music, Devo Music, JioSavan among others.

Earlier, the film's producer and director were granted anticipatory bail and the screening of the song was banned under the bail procedure. Earlier this month, the Kozhikode Chief Judicial Magistrate, after perusing the case diary, had directed the police to seize documents relating to the plagiarised song — under Section 64 of the Copyright Act 1957 (copyright infringement).

Chief Judicial Magistrate S Sooraj on April 5 also instructed the investigating officer to seize the digital audio workstation and all plates used for the purpose of making the infringing copies of the work and to collect evidence to determine whether the music director had violated copyright rules.

This order was issued after Mathrubhumi filed a complaint alleging that the investigation was not progressing in the right direction. The Kozhikode court further instructed the investigating officer to provide the court with a progress report on the case by May 4.