Hip Hop producer Timbaland recently won in an attempt made by Saregama India Ltd., to sue him for sampling a 1967 Bollywood tune for his song "Put You On The Game", for The Game. However, the case rapidly switched from Timbaland having a legal right to sampling the song, to whether the plaintiff (Saregama) had a copyright in the first place.
Today, publishers and songwriters of these songs (e.g. music from Glee), hold all the rights to the use of their music, and profit from sales of these recordings on iTunes and elsewhere, however, old Bollywood movies could have three different owners for a single sound recording copyright. They would each have exclusive rights, but each would be permitted to use the work differently; one to "make any other sound recording embodying [the original sound recording]", another to "to sell or give on hire, or offer for sale or hire, any copy of the sound recording", and another which permitted the owner "to communicate the sound recording to the public".
After reviewing these Indian legal standards, the 11th Circuit concluded that the sound recording rightfully belonged to the producer of Aradhana, not the company which created the music in the first place (Saregama India Ltd.).
This isn't to say Timbaland has a fair use right to use the music, but rather Saregama doesn't have rights to bring the lawsuit.
Sources:
http://www.hollywoodreporter.com/thr-esq/timbaland-escapes-bollywood-sampling-lawsuit-172250
http://www.hollywoodreporter.com/thr-esq/timbaland-escapes-bollywood-sampling-lawsuit-172250
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