In the week when Golmaal Returns completes it's 50 days at the box office, it has some trouble ahead for itself with SONY BMG filing a case in the Mumbai High Court against Shree Ashtvinayak Films, for the illegal use of the song 'Jab Se Tere Naina' in the film's narrative.
The company's charge is that the composition (with lyrics intact) of 'Jab Se Tere Naina' have been used in multiple scenes of the film without any permission or license from SONY BMG who own all rights to the song.
Since the matter is subjudice, no official from SONY BMG was willing to come on record to talk about the issue.
However, a highly placed source close to the company says, "We can understand when spoofs around the film's situations are made. That's understandable and acceptable as long as it is healthy and in good taste.
The trend has been prevalent in West for long and is catching up in Bollywood too. It happens to the best and the worst of the movies.
However, the issue here is about using the song from Saawariya in the narrative of Golmaal Returns, and that too on multiple junctures, without any approval."
Why is the case being filed now when the film is all but gone from the theaters?
"Golmaal Returns had released on 29th October, 2008 and within a week, SONY BMG sent it's first notice to Shree Ashtavinayak Cinevision asking them to take permission for the use of the song.
This was done on 3rd November'08. Since Ashtavinayak didn't revert on this, SONY sent another notice on 7th November'08", informs the source.
Apparently, Ashtavinayak refused to budge from their stand and retained the portions of dispute in the film. "That's right, in reply to the 2nd notice, Ashtavinayak refuted the claims made by SONY BMG.
This is when SONY BMG decided to file a case against Shree Ashtvinayak Films and named the worldwide distributors of the movie - Indian Film Company and the Home video licensees - Moser Baer as co defendants", reveals the source.
Well, the ball is in Ashtavinayak's court now. It has to be seen what they have to say on this matter now.