A remarkable copyright dispute has emerged in Bangladesh, centring around the renowned song “O Prithibi Ebar Eshe.” While intellectual property complexities and copyright issues were once regular concerns in the country's art and culture, recent improvements in copyright law and stricter enforcement by online streaming platforms have reduced such incidents.
However, a recent case involving this iconic song has taken a bizarre turn, involving forgery and a fabricated court order.
The song “O Prithibi Ebar Eshe Bangladesh Nao Chine” served as the official welcome song for the 2011 ICC Cricket World Cup in Bangladesh. Written by National Film Award-winning lyricist Zulfiqer Russell and directed by Ibarat Tipu. The song featured performances by Ibarat Tipu, Arnab, Mila, Balam, Kona, and Elita.
This iconic song, performed in the presence of Prime Minister Sheikh Hasina at the Bangabandhu National Stadium, has remained popular both in Bangladesh and abroad. Its copyright owner, Zulfiqer Russell, has uploaded it to his YouTube channel after obtaining the necessary permissions.
Recent copyright dispute
In the copyright dispute in Cox's Bazar, Jalal Uddin claimed ownership of the famous song, leading to a YouTube copyright strike.
Jalal Uddin sent an order dated October 17, along with a seal and signature, to the YouTube authorities and Zulfiqer Russell on behalf of Chakriya Senior Judicial Magistrate Court Judge Jahid Hossain. YouTube then blocked the song from the original channel (Zulfiqaer Russell's channel). The decision favoured Jalal Uddin.
Upon investigation, it was revealed that Jalal Uddin is the son of Azizul Haque from Sikdar Para village in Pekua upazila, Cox's Bazar. The court order he submitted was confirmed to be a complete fabrication.
Despite this, Jalal Uddin sent the same fake order to YouTube, resulting in a strike notice. Lyricist Zulfiqer Russell, the original copyright holder, was understandably surprised and distressed. He also consulted a lawyer from the Cox's Bazar District Court to address the matter.
Abdul Aziz, the Cox's Bazar district representative, investigated the matter with the court's lawyer. When he inquired with the judge and the lawyer from Chakria Senior Judicial Magistrate Court, they confirmed that no such court order had been issued on the mentioned date. Lyricist Zulfiqer Russell had not filed any complaint in the court.
Later, after examining a photo of the order, the judge, lawyer, and court clerk confirmed that it was indeed a fake order, created by forging the judge's seal and signature.
Journalist Abdul Aziz also reported that the court, specifically in Case No. CR-109, reviewed the copy of the court order related to Zulfiqer Russell. The court explicitly stated that such an order had not been issued by them. Moreover, the plaintiff and defendant in the CR-109 case had no connection to either Zulfiqer Russell or Jalal Uddin. Essentially, the whole case and the forgery of the judge's seal and signature were falsely attributed to Zulfiqer Russell by the perpetrator, Jalal Uddin.
Journalist Abdul Aziz said: "It Is shocking that some individuals in our country not only claim others' songs as their own but also forge a judge's seal and signature to use in court! I'm truly amazed. Jalal Uddin has committed two serious offences - one related to copyright law and the other to forgery. Given the audacity of these actions, I'm preparing the case for court."
Cox's Bazar District and Sessions Judge Senior Lawyer Ayasur Rahman said: “Forgery is a serious crime. If someone is found guilty of forging a court's seal and signature and it's proven in court, they could face imprisonment ranging from three to seven years. In such cases, the court may also initiate legal proceedings against the accused, and additional measures can be taken for contempt of court."
High Court Senior Lawyer Fazlur Rahman added that if forgery is proven, the accused could face financial penalties, imprisonment, or both as punishment.
Efforts have been made to reach out to Jalal Uddin through a lawyer regarding this matter, but he hasn't responded. Despite not answering calls, Jalal Uddin sent an email to Zulfiqer Russell expressing remorse and seeking forgiveness. He admitted his mistake in issuing a copyright strike against Zulfiqer Russell, saying: "I know what I did is an unforgivable offence. I mistakenly issued a copyright strike against you."
As of the latest updates, YouTube has released Zulfiqer Russell's original song from copyright claims. However, Jalal Uddin has blocked the song on his channel. While the YouTube controversy may have concluded, Zulfiqer Russell continues his legal action to protect music in the country and address the issue of copyright infringement.