Kantara is the soundtrack album to the 2022 film of the same name, written and directed by Rishab Shetty, and stars himself in the lead role. Produced by Hombale Films, the film features music composed by B. Ajaneesh Loknath, who described it as a "culture-based folklore film in musical context" and wanted the music to be "rooted in the traditions of the 1990s". To attempt, what the crew had envisioned, both the film score and original songs were composed using folk instruments and folk musicians were roped in for the songs.
Kantara's soundtrack was preceded by the single track "Singara Siriye" released on 15 August 2022. The five-track album was released after the film's theatrical release, on 12 October 2022, with a sixth track being added as the bonus song. The dubbed soundtracks were released on 24 October. The music received positive critical response, praising the instrumentation and setting in tune to the ethnicity and tradition of Tulu Nadu regions.
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Nearly 40 hours of recording were used for the film's background score, for which Loknath excited him more than the songs, as "there is immense scope for experimentation". He combined flute with dollu instrument, so that the sound of dollu would dominate the flute music, and also used Australian tribal instrument didgeridoo which served as the "key in producing the scream-like sound" which was enriched by blending with kazoo. For the Daiva dance, he used Damaru and gaggara, and also hired noted sound recordists Arun and Shine to capture and produce that sound.[1]
The only song to be released as a single prior to the film, was "Singara Siriye" written by Pramod Maravanthe and sung by Vijay Prakash and Ananya Bhat, released on Independence Day (15 August 2022). The music video, which released after the film, featured veteran Yakshagana artiste Nagraj Panar Valtur in the opening of the song, and was known for the Kundapura folk songs sung by women.[4] Shetty wanted Naga to sing a song around winnowing and the tune was sent to Loknath, who blended it into the song. He added "The shooting for the song has taken place in the roads of my hometown, and I have a lot of memories connected with every street. All of this is brought out in the love track."[5][4]
The music received critical praise for the composition and instrumentation, which captured the ethnicity of folklore and the traditions.[8] The Hindu's Muralidhara Kajane said that Loknath's music represents the ethos of the land.[9] India Today's Janani K and The Times of India's Sridevi S called the music as "explosive" and "soothing".[8][10] Calling his score as "marvellous", A Sharadhaa of Cinema Express "While his folk melodies are soothing, the background score accentuates the narrative of Kantara."[11]
Although the music was critically well received, Rishab Shetty and the production house Hombale Films were accused for copyright infringement as the song "Varaha Roopam" was lifted from the tune of "Navarasam" from Thaikkudam Bridge's eponymous album released in 2015.[12] In 28 October 2022, the Kerala High Court claimed that song could not be used without obtaining permission from Thaikkudam Bridge, thereby instructing them to stop playing the song in theatres and streaming platforms,[13][14] and on that November, the song video was removed from YouTube.[15] During the digital premiere of the film in Amazon Prime Video on 24 November 2022, the song was replaced with a newer version of the track, with the tune being changed.[16][17] This led to criticism from a section of fans,[18] as they believed that it took away "the soul of the film" and initiated to restore the original version.[19] The original song was later restored after the district court lifted its ban, citing lack of jurisdiction. The case was finally dismissed by the Kerala High Court on 25th October 2023, after both sides confirmed that they have reached a private settlement.[20]
In a post shared on all their social media accounts, the band pointed out the uncanny similarities between their song 'Navarasam', sung by Vipin Lal and 'Varaha roopam' from Kantara, sung by Ajaneesh Loknath and Sai Vignesh. Ajaneesh has also scored the music.
"We would like our listeners to know that Thaikkudam Bridge is no way or form affiliated with Kantara. The unavoidable similarities between our LP 'Navarasam' and 'Varaha roopam' in terms of audio is therefore a blatant infringement of copyright laws," said the Kochi-based band.
It further added, "From our standpoint, the line between "inspired" and "plagiarised" is distinct and indisputable and therefore, we will be seeking legal action against the creative team responsible for this. There has been no acknowledgement of our rights over the content and the song is propagated as original piece of work by the movie's creative team."
The talks about the hit Kantara song being 'inspired' from 'Navarasam' had been doing the rounds on social media in the last couple of weeks. In a recent interview with DH, responding to people's observation, Ajaneesh had said that he was only "inspired from the band's music style" and asserted that "songs and score of Kantara were original".
Kantara, written, and directed by Rishab Shetty, who also plays the lead, is running to packed houses across the country. In Karnataka alone, the film has witnessed 1 crore footfall, a record. The film has been widely acclaimed for its perfect blend of folklore and native drama and splendid performance by Shetty.
These allegations come after Kantara makers were criticised for comments that the bhoota tradition of the Dakshina Kannada region was part of the Hindu tradition. Over the last few weeks, there have been several discussions online about the similarities between the songs.
A music composition is made up of many different elements such as lyrics, beats and chord patterns. There are, however, very strict restrictions that must be observed while making music, and copyright issues are never-ending.
While the norms are becoming more fluid with the popularity of fusion and contemporary culture, things were different when it came to Indian classical music. In Indian classical music, there are ten primary ragas, each with its own set of rules governing the notes to be utilized, pace, alaap, and other factors, resulting in some overlap across the ragas. Indian classical music based on these ragas raises various copyright-related concerns pertaining to these overlaps.
One such case was recently highlighted when Kerala-based fusion band Thaikuddam Bridge filed a preliminary injunction motion against the directors of the film Kantara. It is claimed that the song Varaha Roopam which appears in Kantara, violated the copyright of the owners of the song Navarasam.
Navarasam (nine emotions), was Thaikkudam Bridge's first studio album. The album, which features nine tracks on a variety of topics, examines a number of subjects, such as political satire, social injustice and historical stories from the Mughal Empire, as indicated by its title. The movie Kantara, which features the song Varaha Roopam, premiered in theatres all over the world on September 30, 2022. The song was also heard by Mathrubhumi Printing and Publishing Company Limited (MPPCL), which sent a legal notice to the makers of Kantara on October 19, 2022. MPPCL stated that the same was infringing, given that it was the assignee of the copyright in the song Navarasam through a deed dated September 14, 2015, with Thaikuddam Bridge.
In response to the aforementioned warning, Kantara's rightsholder Hombale Films also filed a caveat with the district court in Kozhikode in case an infringement litigation was to be brought. Later, a suit was filed, not by MPPCL, but by Thaikuddam Bridge. As a result, the caveat could not be invoked. The band was successful in getting an ex-parte, ad interim injunction vide order dated October 28, 2022 restraining the filmmakers from continuing to screen the film with the song Varaha Roopam in any medium.
It is unclear how two different plaintiffs obtained injunctions on the same content while asserting the same cause of action. Although the merits of the case are not to be determined when evaluating a case for an ad-interim injunction, both of these courts appear to have ignored determining the existence of a valid copyright, ownership of copyright, or any other critical question before ordering a content takedown at this stage. Thaikuddam Bridge could not have asserted economic rights before the court in Kozhikode if the assignment agreement, as alleged by MPPCL, is genuine, and if it is not, MPPCL lacks the authority to issue the legal notice or to file the lawsuit before the court in Palakkad. In any case, it's unclear whether there was ever a legitimate assignment agreement to begin with or whether the same thing was a licence arrangement where both the licensor and the licensee retained the right to sue.
Without addressing MPPCL's arguments, the district court in Palakkad noted in its order that it was satisfied with the prima facie evidence of infringement. There is no analysis of copyright ownership, whether the song's contents or the scenes were subject to copyright protection, or even if they meet the criteria for infringement. Further, the court ignored the triple test for granting an injunction as established by the Supreme Court in Shanti Kumar Panda v. Shakuntala Devi, as it proceeded without discussing the balance of convenience analysis or describing how there would be any irreparable harm that could not be compensated through damages if the song were allowed to play until the defence could appear and argue its case on affidavit.
The court disregarded notice because it believed it would defeat the petition's intent. Such a strategy ignores both the legal rules' substantive requirements and the issues with due process that need to be taken into account before mandating content takedown.
ii. Multiple suits were filed under the names of different plaintiffs, before different courts to bypass caveat and the same showcases the malafide intent of the said plaintiffs to obstruct the defendant and get publicity from their act. 152ee80cbc
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