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Why is Vishal Bhardwaj Offended by The 'Crazxy' Makers Recreating His Song? Filmmaker Talks Music, Rights and Exploitation
Vishal Bharadwaj breaks down the current music scene and recalls how he put his own money to record the iconic 'Chaddi Pehen Ke Phool Khila Hai' track.
Professionally, Vishal Bhardwaj is a filmmaker, music composer, writer and playback singer. Personally—and especially when it comes to fighting the good fight for the industry—he is fearless. His latest endeavour has been to ensure fair recognition and rights for creative professionals at a time when this has been the driving discourse within industry circles.
Last week, the Indian entertainment community achieved a milestone when the Music Composers Association of India (MCAI), of which Bharadwaj is the president, and the Screenwriters Association (SWA) signed a Memorandum of Understanding (MoU). This is set to pave the way for better industry practices, which include mutual respect in credit-sharing and underlining that contracts of music directors and lyricists should be separately drawn with producers, strengthening their professional standing.
But this is the first step in a longer battle for Bharadwaj, who chats with The Hollywood Reporter India while shooting his upcoming feature starring Shahid Kapoor and Triptii Dimri, and explains why the challenges have just begun.
Edited excerpts from a conversation:
Why is this Memorandum of Understanding historic?
It's the first time lyricists and composers have come together. We have different associations, but when we make music, we are one team. This MoU is still basic, but if we stand together, we can be a stronger force. When the Copyright Act was amended in 2012, it was Javed Akhtar saab's single agenda. He did that on his own, but we were all together. I used to go with him to Parliament twice a month. But there are many other issues to tackle... like the moral rights, which we were forced to let go of.
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What are moral rights?
If tomorrow, someone creates a remix of my song and I feel it has been mutilated for the way it's been done, that's my moral right. They can't mutilate my work. But since this can be a part of the conflict, they (music labels) force us to let go of that right. To force someone to let go of their moral rights is actually immoral! If we are together, these things can be brought up.
The issue is not the film producers; this is the problem of music labels. I have composed three original songs for the film Crazxy, but the fourth one is a recreation of my earlier song 'Goli Maar Bheje Mein' from Satya (1998). Though there's nothing offensive in that, but still, as a creator, I feel offended that it's my work, which somebody has picked and done whatever they wanted with it.
After 2012, one of the key things of the copyright law was that you can't change things in retrospect. So before that, if an agreement was not in place between the composer, lyricist and label, then it's status quo.
So, you can't do anything in this case?
Because the labels know that if one song becomes a hit, they can earn money infinite times.
But when you are the creator of a song, is there no system in place for people to get permission before they make a derivative of a song?
There's a provision. When you finalise your individual agreement with your producer, you can add that. But the producer has to sell his music to a label, who will say, 'We want the derivative rights to be with us.' A strong person, maybe someone like an AR Rahman does it. He doesn't give his derivative rights, but if you refuse, they will throw you out of the project and you'll have to sit at home.
Before 2012, as per the international law, we were entitled to 25 per cent royalty from public performances and radio plays of our songs. But we would often be asked to write in our agreement that we are surrendering this to the label.
But the law of 2012 stated that even if you make someone write this at gunpoint, it's null and void. Because royalties are non-assignable. Which is why all these people got scared. I've seen the biggest of the producers, actors and stars getting terrified over this. They'd say, 'Oh if we give royalties we will die.' But royalties were given to creators because they had no power anyway. This is why, as an individual, you can't stand against the money man, but as an organisation.. you can.
But in the context of Crazxy, their YouTube video credits you as the original composer. Does that help then, because due credits are in place?
That will be considered generosity because if the credits aren't in place, I can also file a legal case. Maybe my name helps them so they'd have given me the credits, but if there was someone whose name didn't matter, nobody would've cared about it. But we don't have any creative control over derivative.
Your first composing credit dates back to the mid-'90s. Has the exploitation reduced over the years?
A lot. Earlier, nothing was in place. My first agreement happened only during Makdee (2002), all the films I had worked on before were verbal. Imagine then how none of the composers from previous generations, those who died tragically due to hunger and poverty, didn't have any contracts in place.
There are certain music labels with a bank of retro songs that claim ₹50 lakhs if a character even sings a single line from an old song in your film. You'll be sued for ₹50 lakhs or crores! But is even a percent of that money going to the composers, singers, lyricists, or their families? They don't even have an agreement! It is extremely exploitative.
Has it happened that as a composer, you had to work for less money?
NFDC (National Film Development Corporation) did that to me! I paid studios and musicians money to record the song 'Chaddi Pehen Ke Phool Khila Hai'! I had some tiff with an official over a very trivial thing, so he refused to give me money. So I had to pay for the studio, which was owned by the singer Hariharan! I paid ₹5,000, which in today's time would be ₹2,50,000. I gave them ten advance cheques of ₹500 per month because I couldn't pay that amount all at once.