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Delhi High Court Rules on Controversial Song in Dhurandhar: What You Need to Know

The Delhi High Court has recently ruled against a request to stop the OTT release of Dhurandhar: The Revenge, which features the song Oye Oye. The ruling follows legal challenges from Trimurti Films, which claims unauthorized use of the song from the 1989 film Tridev. The court has denied interim relief but ordered a security deposit from Super Cassettes Industries. This article delves into the details of the ongoing copyright dispute, the claims made by Trimurti Films, and the implications of the court's decision.
 

Court Decision on Dhurandhar's Song Release

The Delhi High Court has rejected a plea aimed at halting the OTT release of the film Dhurandhar: The Revenge, which features the song Rang De Lal, also known as Oye Oye. This decision comes after the filmmakers faced legal challenges regarding the use of a reinterpreted version of the classic song Tirchi Topiwale from the 1989 movie Tridev. Rajiv Rai, the director of Trimurti Films, initiated legal proceedings against Jio Studios and Aditya Dhar's B26 Studios, claiming they used the song without authorization. The court has denied interim relief to Trimurti Films but has ordered Super Cassettes Industries to deposit Rs 50 lakh to secure the plaintiff's claim while the case is ongoing.

What sparked the Oye Oye dispute?
Originally featured in Tridev, Tirchi Topiwale (Oye Oye) was co-composed by Anand–Milind, with lyrics by Sameer Anjaan, and sung by Amit Kumar and Sapna Mukherjee. Trimurti Films asserts that it holds the rights to the musical composition and sound recording.
The company argues that its 1988 agreement with T-Series, also known as Super Cassettes, only granted limited audio exploitation rights, which did not include the right to use the song in a new film or synchronize it with visual media.


What are Trimurti Films' allegations?
Trimurti Films claims that the song was used without proper authorization, constituting copyright infringement through illegal reproduction and public distribution. They are seeking immediate legal action to prevent further use of the track, along with compensation and other remedies under copyright law.
The company has requested the court to impose an interim ban on the song's use across theaters, OTT platforms, and other digital outlets. In the lawsuit, Rajiv Rai accused the Dhurandhar team of "theft." Despite the court's suggestion for mediation, the two parties could not reach an agreement, leading to the recent ruling.

Latest Ruling from the Delhi High Court
On May 14, a report indicated that the Delhi High Court denied interim relief to Trimurti Films Pvt. Ltd. Justice Tushar Rao Gedela stated that if copyright infringement is proven, any damages incurred by the plaintiff could be compensated later through monetary restitution.
Why was Trimurti Films' request denied?
During the hearings, the defendants, including Jio Studios, B62 Studios Pvt. Ltd., and T-Series, argued that Trimurti Films had not disclosed previous instances where songs from Tridev were allegedly used in films like Azhar and K.G.F: Chapter 1. The court noted that correspondence regarding earlier disputes dated back to 2016, but these details were not included in the current filings, undermining the plaintiff's request for urgent interim protection.
Justice Gedela further remarked that stopping the film's OTT release after its theatrical debut could create an impractical situation.

Court Orders Security Deposit
While the court declined to suspend the film or the use of the disputed song for now, it directed Super Cassettes Industries to deposit Rs 50 lakh within four weeks. This amount will be held in an interest-bearing fixed deposit until the copyright dispute is resolved, with the court clarifying that the sum will ultimately go to the prevailing party in the case.