Kartik Aaryan and Ananya Panday’s Tu Meri Main Tera Main Tera Tu Meri (TMMTMTTM) is slated to hit theatres on December 25. However, just before its Christmas release, the Sameer Vidwans film found itself
at the centre of a high-stakes copyright dispute that involved some of Bollywood’s biggest names in Karan Johar’s Dharma Productions, music mammoth Saregama India Ltd and rapper-composer Badshah. The reason for all the controversy? The nineties popular song, Saat Samundar Paar from the 1992 film Vishwatma. While Trimurti Films Pvt Ltd had initially sought to restrain the use of a remixed version of the song, on December 24, the Bombay High Court declined to grant urgent interim relief to Trimurti Films Pvt Ltd, the producer of Vishwatma, which had sought the restrain order on the iconic song in TMMTMTTM. The ruling effectively cleared the path for the film’s December 25 release, at least for now, while the larger copyright battle continues.
What sparked the Saat Samundar Paar dispute?
Trimurti Films, on its part, alleged that Dharma Productions, Namah Pictures, Saregama and Badshah had infringed its copyright by using a remixed version of
Saat Samundar Paar in promotional material and inclusion in film, without seeking permission. According to Trumutri,m it discovered the inclusion in December through Instagram posts by the producers and Saregama, that used the tune of the song, with Badshah credited as the artist.However, the song did not feature on the official music album of Tu Meri Main Tera Main Tera Tu Meri, which was released on December 17. However, media reports suggesting the track was being remixed for the film formed the basis of the legal action.
Trimurti’s core argument
According to Bar and Bench, Trimurti contended that it is the first owner of the copyright in Vishwatma and all its songs, including Saat Samundar Paar. It argued that while it had entered into an agreement in 1990 with The Gramophone Company of India Ltd (now Saregama), the assignment was limited in nature.
According to Trimurti, that agreement only transferred rights for reproduction and distribution of the existing sound recording. It did not, the company claimed, grant Saregama the right to modify, adapt or remix the song, or to create derivative works through synchronization in a new cinematograph film. On this basis, Trimurti sought Rs 10 crore in damages, a permanent injunction against the song’s use, and even an order restraining the release of the film to the extent it contained the allegedly infringing track.
The Defence by TMMTMTTM Makers
Dharma Productions strongly opposed any urgent interim injunction, especially with the film’s release just a day away. Senior advocate Birendra Saraf argued that the 1990 assignment in favour of Saregama was absolute and worldwide, covering the musical work in its entirety. The defence also pointed out that Saat Samundar Paar had previously been licensed, adapted and used in films and advertisements over the years without any objection from Trimurti. Crucially, the defendants stressed the balance of convenience. With a big-budget film ready for release, any last-minute injunction would cause irreparable financial harm.
What the Bombay High Court said
Justice Sharmila Deshmukh agreed that Trimurti had failed to establish a prima facie case for urgent relief. The court noted that the 1990 agreement did not stop at assigning rights for making sound recordings alone, but extended to “all other rights, title and interest” in the literary and musical works embodied in the film. The judge also underscored the economic realities of filmmaking, observing that a cinematograph film involves substantial investment and that there was no material to show the song could be removed without harming the script or structure of the film.
The court remarked that Trimurti could not, after 35 years, suddenly argue that only limited rights had been assigned under the agreement.
What happens next?
The refusal to grant interim relief does not end the lawsuit. Trimurti’s broader claims for damages and permanent injunction will still be adjudicated in due course. However, for now, the ruling offers significant relief to Dharma Productions and the film’s other stakeholders, ensuring that Tu Meri Main Tera Tu Meri can hit theatres as scheduled.