In an interview with Amar Ujala, famous composer Uttam Singh accused the makers of Gadar 2 of using two of his original soundtracks and background score without permission. Two of the songs, Udd ja kaale kaava, and mai nikla gaddi leke have been recreated by music director Mithoon for the sequel of the 2001 blockbuster Gadar: Ek Prem Katha, which has already crossed the Rs 400-crore mark at the box office.
“They didn’t call me for Gadar 2 and I don’t have the habit of calling and asking for work. They have used two of my songs in the film and I have also heard that they have used the background music that I composed. They should at least have the etiquette to ask me once and talk to me before using my songs in the film,” he said.
The accusation raises questions over the rights over music. Section 13(1)(a) of the Copyright Act protects the right of every person associated with a particular song. In cases pertaining to original literary works, the rights of the singer are protected under Section 38 of the same Act. By virtue of the 2012 amendment, the second provision to Section 17 states that even if a musical work is considered to be commissioned or created under a contract of service, the composer would be regarded as the first owner of the copyright in the compositions included in a film. Hence, the makers would require Uttam Singh's consent to incorporate and re-create the song.
The makers however have not replied to the accusations yet, and it remains to be seen if Uttam Singh takes legal recourse.
Set in 1971, Gadar 2, directed by Anil Sharma, follows Tara Singh (Deol)'s journey to Pakistan to rescue his son, Charanjeet Singh (played by Utkarsh Sharma) from the Pakistani Army. It also features Ameesha Patel, Manish Wadhwa and Gaurav Chopra.