Tuesday, July 15, 2008

Violation of copyright act for the song(Garba) ‘Pankhida O Pankhida’ in the Movie "Cloverfield"

what should a owner of a creative field do when some big movie production company make mistake which mainly deals with pure research ???????

what should a owner of a creative field do when some big movie production company when they take a Copywrited creation of a person and credit to some one else ?????

Something like this has happend in near past with companys, BAD ROBOT PRODUCTION AND PARAMOUNT PICTURE have USED one of pioneer song(GARBA) "PANKHIDA O PANKHIDA" WRITTEN BY VIJYA HERMA, produced by one of the 1St and the best GUJARATI MUSIC COMPANY STUDIO SIDDHARTH owned by RANJIT HERMA in their international hit title “ Shri Mahakali chalisa”. In the movie Cloverfield the song(Garba) “Pankhida O Pankhida” is been used at various occasion without any authorization or permission and also giving credit to Mr. Lekha Ratankumar as WRITTER OF THE SONG.

SO WHAT SHOULD THE OWNER DO WITH THIS BIG SHOT PRODUCTION COMPANY WHO DOENT TAKE CARE TO RESPECT SOME ONE'S CERATION ???

22 comments:

voice1000 said...

I agree with you, the credit must be given to the person who actually wrote, composed and produced the anthem (so to say for Garba). Take for an example Pritam, said to be the biggest thief for bollywood songs. I mean he never created anything original and never has given any credits. I don't support remixes because that generally mars the creativity of a person and the original song. The soundtrack used in the movie 'Cloverfield' is a remix and that probably was composed by Mr. Ratankumar, but yes he should have given credits, but unlike any other bollywood music directors (I am comparing) he didn't give any. I think right now best would be to spread the words among all and gather support and let the world know that even hollywood does it too.

kanishka said...

i dont have much knowledge of this field but if i were in your place, my aim would have been to have a firm stand against these "thieves" who dont have any respect for the job they are doing.it is demoralizing and unethical.one should leave no stone unturned to get to these buggers and teach them a lesson.blogging is i guess a step towards that.but there are some major loopholes in the law as well....like i got to know that the copyright is not violated if the audio clip is for a specified number of seconds, and stuff like that.in the end it is an emotional blow to the original composer and writer who just get tagged as unsung heroes. it is really frustrating and i guess it will erode if no action is taken soon.

khyati said...

well i think the original owner and writer should fight againts hollywood producers. doesnt make any difference however bigger the company is, when you are right you should definitely fight for rights n will get justice because i believe that god helps thoes who helps themselves

maulik said...

Totally agree with Siddhartha, the issue of copying Traditional Religious song which has been used in to movie ‘Cloverfield’ at the vague dance party time. That has hurt the Gujarati people religiously and it is equally insult of our Goddess- Maha Kali Maa.
All of us should have to join against the Producer and Lekah Ratnakumar.

voice1000 said...

after the blog link which Sid sent me I read couple of articles relating the issue of treachery to this song in TOI and Indianexpress online. Second step to this blog would be 'did the composers file a case or addressed the issue in law'? Khyati is right about it even though there are loop holes. But the only question then will stand is 'How long the fight will continue?' Are there any otherways through which the isssue can be addressed?

bhavna said...

BHAVNA ...
I totally agree with you and i know it very well that pankhida o pankhida is written by Vijya Herma but not by Mr.lekha ratnakumar. I am a devotee of Godess MAHA KALI MAA . When I heard about this I was so angry with cloverfield's producer J.J.Abrams n lekah ratna kumar who steal song with out copy right. You must drag them to the court and the court should have to give them a severe punishment so in future no one tries to cheat like this.

LIONKING_SA_2801 said...

Sub :- The issue of copying song “PANKHIDA O, O PANKHIDA ….” which has been used in to movie ‘Cloverfield’ at the vague dance party time.

I am belonging to Gujarat and the song “pankhida o, Pankhida…….”. it is Oftenly sung in all Indian festival. Mainly in Navratri which is the most popular festival of Gujarat. It is a proud of Gujarati culture. And we respect to the creator of the song. There is the accident in the Hollywood movie that the song is a part of movie but we haven’t seen any credits about its owner.

So, principally and It must have to give credits to that work and Its creator (the original owner and writer). They are equally creditable persons as well as others in ‘Cloverfield’ movie.

The producers and team of the ‘Cloverfield’ movie must apologize for them guilty about not giving credits of copying song which has been used in to movie ‘Cloverfield’ at the vague dance party time. And they must have to apologize with the original owner and writer.

Also It is not just matter of apologize but its responsibility of the ‘Cloverfield’ movie maker’s team. We can also understand that it might be a mistake but they have to pay for them mistakes, and it’s a nature of them Business.

ujjval said...

"pankhida" song has lived in our hearts since we remember being young and since dancing in garba over nights. and it was even great to know that it was written by one of the close friend's family.

it feels terrible to know that some one is remixing it in a Hollywood movie firstly, and secondly wrong people are taking credits for it.

as a part of creative industry we do understand that how frustrating it can get when these things happen. such acts should be brought to the notice and punished, not only by the law but also by quite and non-aggressive protests.

weather or not, low can give justice to such hidden crimes. but at the end of the day, crime will reveal it self, in one way or the other,because
"Truth Alone Wins"
(Satyamev Jayate)

i hope for the justice for the known and unknown crimes such as this.

mustaqeem said...

ok...i think it is very clear (after having the comments and response) that mr. lekha rathankumar or whoever he or she is needs to be punnished...!!

i dont know how much the producers of "cloverfield" are in fault..because frankly speaking if i was the producer and if somebody comes up with a song (like pankhida) having all the rights..i wud never mind having that song in my movie....and i guess thats what shud have happened to them also....

in short the whole game is played by the thief (mr. lekha) only....

and as far as i have the knowledge about the law of copyrights....i know that it is very difficult for mr.lekha ratan kumar to get away with it.....

remember when RAM (ram sampath...who has been stealing music himself!!) filed a case against RAJESH ROSHAN for using his tune in title song of KRAZZY 4 without his permission....ofcourse ram sampath won the case...rakesh roshan's company had to pay him 20 lacs ...had to appologize also....and if u listen to the original song (which was composed by ram) it hardly matches with the KRAZZY4's title song...but i agree that the tune is same...

SO ...moral of the story is..if ram cud file and won the case only on the basis of the tune....here in PANKHIDA's case it is the whole song....and its not only a song...its much more than that for us gujaratis.....why cant we fight and win....and we are not fighting for money...(as ram was doing)...we are fighting because we really dont want anybody like mr.lekha to steal stuff which means a lot to us...and use it whereever...however he want...not at all!!

we want mr.lekha to realize that it is not the stealing of the song which is causing him problems....but it is gujarat's people's love to that song...it is our devotion..it is our love to our culture...and finally it is maha kali maa who (wants to teach him a lesson) is causing him problems!

rakesh said...

Original is original and Copy is copy.
I think, the Original is being Copied.

rakesh said...

Original is original and Copy is copy.
I think, the Original is being Copied.

Mitesh Bhuva said...

the song "Phankhida o Phankhida" has much cultural and social value with respect to gujarat. The song is an icon of our main festival called " Navratri" .

It is serious matter of not just only copy the song but also a heresy with gujrati culture.

Adityo said...

BAD ROBOT PICTURES & PARAMOUNT... well i have one question to ask, i thought you guys r into pretty good research when u approve a film, hwo come u did this silly mistake???? .. and well why rnt you responding back... if you have some docs to support your claim on this song... its not even a fair use of the copy right... Well Wd you like MI.2 themes beign used in soem films we make... and credit it to soem one... come on not much words i think its time for ACTION SIDHDHARTH.... Makers of Coverfield please respond... else we will defintiely consider it a theft... and we are strong with our determination to handle this case to the highest extent... if the queries arnt answered... hope we can expect it - Aryan adityo ( FILM MAKER the iimagiineers ), well Sidhdharth 190 iimagiineers from all over india are with you in this. wish ya all the best. please go ahead with soem hard proceedings and keep us updated...

Mihir said...

i purely agree with Mr Siddharth Herma and such an act by this big movie company is condemnable.Songs such as "pankhida" are classics in their own right and using them freely without the consent and appreciation of its creators is something not acceptable.We as lovers of our tradition should surely unite and fight against this injustice done.

Karthik S said...

I think you guys are barking up the wrong tree. JJ Abrams and the makers of Cloverfield did not buy the track from Lekha Rathnakumar directly. They purchased it in good faith from a Germany-based company called Sonoton, which has more than 130,000 tracks like this in its library.

Sonoton's purpose is to sell its tracks to people who may want to use it for purposes like ad films, a/v films, feature films etc. Lekha Rathnakumar is the head of Sonoton's Indian operations. A Hollywood outfit does not have the time or inclination to intentionally lift a Gujarati track - they simply required an Indian sounding track and purchased it from Sonoton, as is the norm in the West. Its Sonoton's duty to ensure that its tracks are copyrighted to the right owner.

So, please get your facts right before making tall claims that you intend to sue a Hollywood firm. They will simply point you to Sonoton and move away from the scene leaving you with a red face.

You should be contacting Sonoton and Lekha Rathnakumar for this issue.

Here's a link which may help.

About Lekha Rathnakumar and Sonoton, plus the fact that Cloverfield producers purchased the track from Sonoton:
http://www.livemint.com/2008/07/07001455/Pick-and-choose-the-background.html

I run a website on music plagiarism and have mentioned this case in it so that it reaches more people. But please get your facts right before calling the media next time
http://www.itwofs.com

Siddharth Herma said...

As our friend karthik has written something I could not stop my self about answering him and commenting on it and the issue…


Hi karthik,

Others plz join in to say or comment on, if i am going somewhere wrong or saying something wrong ….

We definitely have our facts right… and where the song in movie cloverfield came from and everything…..

Now a piece fact to everyone….

The Garba is also taken by Lekha ratankumar in his disc “Authentic India – 5” named “bhangra and dandiya” which is released by sonoton for which Mr lekha ratankumar and sonoton has been given a notice from owners of studio siddharth…..

And where did the Garba in “Bhangra and Dandiya” came from that everyone should know that is “Shree Mahakali chalisa”

So we have our facts right from the word go….

Now about the movie Cloverfield, the producers Mr. jj Abrams is using the garba(song) in the movie crediting it to some one else who is not the creator of it and

Most importantly and the worst is he doesn’t know that what the song is for what status does it have or even what language or culture it belongs…..



Now let me tell you all about the Garba(song).

It is a song devoted to Goddess MAHAKALI and the GARBA “PANKHIDA O PANKHIDA” is for her….

Their not a single NAVRATRI (9 days festival of goddess in Gujarat) day passes by without the song “PANKHIDA O PNAKHIDA” and that garba is been used in an alcoholic party in the movie,

So here it comes to about respecting a culture or a community and their belongings….
The Garba “PANKHIDA O PANKHIDA” is garba(song) of pride of Goddess Mahakali, Vijya Herma, Gujarat and all Gujarati’s …..

We being devotes of goddess, it hurts more….. besides the garba is written by my MOM(Vijya Herma) and someone else getting credit for it…

So it is just not any Garba(song) and if u want to include it in you film, the maker must get a research done on it…..

it is on the blog as to get people know who has written it and who has stolen the garba and used it at the place where we don’t need to see the Garba…….

And I think karthik that there are some facts that people don’t know or they have missed out reading in the Indian Express article:

We are fighting for our rights,
We are not fighting for money and any money comes from the case goes to charity as said in our press meet…..
The links to newpapaer article are on the blog itself so do read it…..


And besides that something like this has happened and there is a small little announcement by Vijya Herma so do see that to on www.studiosiddhart.com

Hope I have placed some answer and raised question which would justify about we also going after everyone who has used the Garba “Pankhida O Pankhida” written by Vijya Herma

JAI MATADI

Siddharth herma
toosiddharth@studiosiddharth.com
toosiddharth@gmail.com

Karthik S said...

Agree with you when you say you're fighting for your rights - fair point. You own the rights and should fight for the right credits.

I'm not with you on expecting Americans to respect our culture. They will, if they see merit in it and if they want to. Using a religious song in an alcoholic party - well we're treading moral grounds here and there's very limited right/ wrong here. Drinking is a way of life there while it is considered immoral here (technically, at least!). So, we are back to religious intolerance like so many other issues in India. I'm not qualified to comment further on it - my purpose it to raise my voice for music plagiarism and would like to see your family credited for this song wherever it is played and in whichever form.

Siddharth Herma said...

I guess... if some one don't believe into something or culture in this case....

he/she or they dont have the right to disrespect other culture or belonging....

FOR EXP: Y have they(AMERICAN) started respecting black person in usa??? it is just b'cos the law is strict...

we consider drinking bad and they dont... ya,
their is very limited right or wrong...
but when it comes to respecting they must show some respect... then who so ever it may be... i would want a respect for my goddess, my Mom and the Garba "Pankhida O Pankhida"...

i guess everyone wants and here in this case everyone deserve that...

i guess the bottom line from me 'll be
we 'll win our rights...
and for disrespecting and violating the copyright act. anyone and everyone who is involved in the matter, from cloverfield producers ,lekha ratankumar to sonoton should be punished...

Anand said...

Screw them all.......
Atleast we will spread awareness...

jd said...

i have seen the clip of the movie clover field the clip regarding the song playing in the background at the shopping mall seems to me not much problem but the song playing in a night party is just unfair to our belief in god. this song is not just a song but its a sacred garba for gujaratis. so its an insult for all the gujaratis. and also they have claimed that this song is written by someone else. so they have really crossed the limit. so siddharth go on u should take some serious action on them. good luck.

GUJARATI SHAKIRA MAKER said...

http://www.youtube.com/watch?v=CtIDRMzaJQQ&feature=related

GUJARATI SHAKIRA MAKER said...

pankhida in MTV INDIA campaign