Introduction:

Gujarati singer Kinjal Dave emerged victorious in a copyright infringement case related to her hit song “Char Char Bangdi Vadi Gadi.” The dispute arose when Red Ribbon claimed copyright infringement, alleging that the song was copied from a work conceptualized by Kartik Patel. The court, however, dismissed Red Ribbon’s suit, ruling that the two songs lacked material and substantial similarity. The judgment, delivered on January 30, 2024, highlighted the cultural influences on compositions and underscored the importance of preserving freedom in creating new Gujarati garba songs.

Arguments of Both Sides:

Red Ribbon claimed copyright ownership, asserting that Kartik Patel conceptualized the song in 2015 and transferred the rights through a deed of assignment. Allegations were made against Kinjal Dave for copying the song, but she countered, arguing that Patel’s work replicated an earlier piece from a 1976 Gujarati movie. Dave also contended that the phrase “Char Char Bangadi Wali” was commonly used among Gujaratis, challenging any monopoly over it. The court considered these arguments in the backdrop of the cultural and musical landscape.

Court’s Judgement:

The Ahmedabad civil court, led by Justice Bhavesh Avashia, dismissed Red Ribbon’s suit, citing a lack of material and substantial similarity between the two songs. The court emphasized the cultural and musical influences on compositions, noting that similarities were common in Gujarati garba, folk, and dandiya songs. It rejected the claim that copyright could be asserted over generic words like “Char Char Bangdi Wali” and highlighted the differences in tempo and singing speed between the songs. The court also pointed out deficiencies in evidence provided by the plaintiff, including the failure to produce the original deed and lack of evidence supporting upload dates.