His rebuttal makes no sense. He's purporting that if something is old enough to date back to one's childhood it becomes public domain; that's a fallacy.
If he argued that the Qawali was not composed and originally sung by the Sabri Brothers he would be in a stronger position (if the statement was correct).
I don't know how far back 'Bhar do Joli' dates, as far as I know it was originally sung by the Sabri Brothers and Salman's team have infringed copy write laws by including it in BM without legal permission. That's wrong from a business point of view (the Sabri Brothers family who most likely own the copy write to their Qwali's are not being paid royalties), and ethically (it's plain theft).
Suggesting it's disrespectful for the family of an artist to protect their legacy and demand what they are rightfully owed is manipulative. As is comparing 'Being Human' to 'Bhar do Joli', one is an NGO, the other a Qawali neither one warrants a comparison to the other. Singing Qawali's was the Sabri Brother's profession, it's how they made money, and their family still receives an income from their Qawali's. Being Human was, as far as we all know, set up as an NGO Salman does not (should not) profit from it and neither does (should) his family. So why would his hypothetical grandchildren sue someone for using the NGO their grandfather set up?
A more apt, albeit less emotionally manipulative comparison can be made with one of Salman's hit songs. Of course that wouldn't serve his agenda because everyone knows that Salman himself would create a ruckus if anyone tried to rip off one of his 'classic' hits, let alone his hypothetical grandchildren. He wouldn't entertain any lame excuses about the song being around since the perpetrators childhood.
But then this is Salman Khan we're talking about, he's always been above the standards he holds others to.
On a side note:
Lata Mangeshkar (and her team) sued Addictive for $500 million for sampling thoda resham lagta hai without permission, and got an injunction against the single being sold or performed. Even the album the song was on was taken off shelves until the pamphlet was edited to give credit to Lata.
Which is absolutely how it should be.
Unfortunately Indian composers, and producers don't get sued despite blatantly ripping off hundreds of American, English, East Asian, Arab, and Pakistani songs, and films, ergo their negligent attitude towards issues of copy write when they're the one's doing the plagiarising.
Edited by Amara_B - 9 years ago
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