EMI Pakistan has unjustifiably claimed copyright ownership over the lyrics and musical composition of a popularly known ghazal Dil Dharhakne Ka Sabab Yaad Aaya. The ghazal has been sung by Shafqat Amanat Ali in his recently released album “Muh Dikhai”. The album was released in March 2015 with a video for one of the nine songs featuring Ali himself. The album, which is a mix of Ali’s own compositions and poetry as well as some classics by Sufi poets and Ghazal legends such as Nasir Kazmi has been topping charts across the sub continent for sales and views.

The second video for the album was released on 24^th July across TV channels and digital platforms such as iTunes and YouTube globally. The video was made for the ghazal Dil Dharhakne Ka Sabab Yaad Aaya written by legendary poet Nasir Kazmi and was composed by Shafqat Amanat Ali’s father, the doyen of Patiala gharana, Ustad Amanat Ali Khan way back in 1970s. The video features Ali along with veteran Indian actor Mr. Naseeruddin Shah and has been an instant hit after its launch. Gaining popularity globally amongst fans, media and connoisseurs of music, the video is on its way to becoming a chartbuster for its outstanding execution as well as the soulful rendition by Ali and the poetry of one of the most loved Ghazals of all time.

On 31^st July Shafqat Amanat Ali along with Naseeruddin Shah and theIndian music label were served a legal notice by EMI Pakistan claiming rights to the underlying lyrics and musical composition of the ghazal. In the notice, EMI Pakistan has claimed a licensing fee and royalty and has demanded the removalof the video from all online platforms to avoid legal action. The legal notice is shocking considering EMI Pakistanis not the owner of copyright in the lyrics and musical composition of the ghazal nor has EMI Pakistan been authorized to administer the same by the copyright owners.

The musical composition rights vest with Shafqat Amanat Ali as the said musical compositionwas composed by his legendary father Ustad Amanat Ali Khan and no intellectual property rights in the same have ever been assigned to EMI Pakistan either by Ali or his father. The rights to the lyrics of the ghazal rest with the family of the poet Nasir Kazmi and the copyright thereinis jointly held by his sons as the lawful and legal heirs.

The ghazal has been sung freely by legendary artistes of the sub continent including Madame Noor Jehan, Asha Bhosle and Ghulam Ali to name just a few. Shafqat Amanat Ali, who has a long standing association with Nasir Kazmisaheb’s elder son Basir Kazmi, said, “I have always been a fan of this ghazal and wanted to pay a tribute to both baba (Ustad Amanat Ali Khan) and Nasir Kazmisaheb by releasing this composition and was honoured when the legendary actor Naseeruddin Shah gave his consent to the video. Had the ghazal been under copyright, I would have taken the required permissions as I have done before when I have used something owned by any other artiste as that is just protocol and the right thing.” He added, “However, it is unfortunate that EMI Pakistan, withwhom we have legitimate grievances for non-payment of royalties for our ancestral recordings, has resorted to this kind of action. It is regretful that instead of promoting the art of Pakistani musicians and poets, the label has taken to falsely accusing them of copyright infringement and thereby defaming them on international platforms.”

Nasir Kazmi’s son Basir Kazmi said, “I am extremely proud of Shafqat for having rendered this ghazal so beautifully and am in complete agreement to its release as we have immense respect for his father Ustad Amanat Ali Khan and the whole family of Patiala gharana.”

EMI Pakistan holds the copyright to a sound recording of this ghazal by Firdausi Begum which was aired on a PTV show of Zia Mohiuddin Saheb produced by veterans Zohra Nigah and Arfeen and the same was released as audio in the form of LP by EMI Pakistan. Nasir Kazmi’s family had given them the permission only for that recording and not assigned the underlying copyright in the lyrics and musical composition of the ghazal itself. Ustad Amanat Ali Khan saheb had composed the ghazal before 1974, much before the release of the sound recording by EMI Pakistan.

Shafqat Amanat Ali is extremely grateful to Nasir Kazmi Saheb’s son Basir Kazmi and the entire family for having stood by him and supported the release of this song and the video.  

Now it appears that EMI Pakistan has admitted that it had dispatched the legal notice without any basis and they did not own the rights as claimed by them in the said notice. The singer will be seeking appropriate legal remedies against EMI Pakistan for the false allegations made by them without due cause.