Badshah-Jacqueline’s song Genda Phool in the dispute over, allegations of copyright infringement!

Utkarsh Upadhyay

Credit taking matters in every art field and there is nothing wrong with it. New song ‘Genda Phool’ by rapper Badshah and Jacqueline Fernandez has been released recently. As soon as the video came, it started trending. The song features Punjabi rap and Bengali fusion. Shortly after release, the song was accused of theft. The lyrics of Bengali songs basically resemble the folk song ‘Boro locar beti lo’. It is alleged that the original writer of the song, Ratan Kahar, has not been given credit.

Whenever, a new song comes in the Punjabi rap industry on the day it comes, there is a competition to make headlines. Be it very much positive or highlighted due to negative viewpoints by the audience and media all over. In the Punjabi rap industry, whether it was Honey Singh’s time, Fazilpuria, Raftaar or Badshah himself, the controversy comes complimentary with them. Be it offensive words or theft of lyrics it was normal in the Punjabi Rap Industry.

Genda Phool emerged on March 26, amidst a nation-wide lockdown over the COVID-19 pandemic. The music video for the track, which also features the voice of Payal Dev, has Badshah romancing Jacqueline Fernandez at a Durga Puja event. The catchy hook is taken from the Bengali folk song Boroloker Biti Lo, originally written by singer Ratan Kahar. However, Badshah was credited with the composition and lyrics of Genda Phool across streaming platforms.

Boroloker Biti Lo was written in 1972 and performed by Swapna Chakrabarti in 1976. The original tune is on Saregama Bengali’s official YouTube channel and remains popular among Bengalis. There are multiple grounds for copyright violation in Genda Phool. Folk music is presumed to have been in existence for generations, is collectively “owned” by one or more groups or communities, and is likely to be of anonymous origin. In such cases, the present copyright regime does not grant a monopoly to any individual or set of individuals. The music is free to be used and recreated.

Indian copyright law is primarily author-centric. For traditional cultural expressions, the idea of an “author” is absent. Therefore, such expressions take the shape of a general idea held by the group or community and enjoyed by them in their daily lives. However, if the author of the original song is identifiable, the copyright exists with him.

Badshah wrote on the growing controversy over the song- ‘First of all thanks to all those who loved the song’ Genda Phool ‘. Especially the people of the Bengali community around the world appreciated it. Because of this it remained in the top trending worldwide. The song ‘Genda Phool’ was released on 26 March which is a Hindi song. Also there are Bengali folk lyrics. ‘  After the release of the song, I got a message on social media that the lyrics were originally taken from the Bengali song ‘Boro Loker Beti Lo’ written by veteran artist Ratan Kahar. Although we have worked hard on this. I believe that there is nothing better than our culture, language and music. As an artist, I try to show things related to India to the world through my music.