Delhi High Court Denies Plea to Halt OTT Release of Dhurandhar: The Revenge
Court's Decision on Dhurandhar: The Revenge
The Delhi High Court has dismissed a request to prevent the OTT release of Dhurandhar: The Revenge, particularly concerning its song Rang De Lal (Oye Oye). This ruling comes after the film's creators faced legal challenges regarding the use of a reimagined version of the popular track Tirchi Topiwale from the 1989 film Tridev. Rajiv Rai, the director of Trimurti Films, initiated legal action against Jio Studios and Aditya Dhar's B26 Studios for allegedly using the song without authorization. The court has denied Trimurti Films any interim relief but has ordered Super Cassettes Industries to deposit ₹50 lakh to secure the plaintiff's claim while the trial is ongoing.
What is the Oye Oye Controversy? The original Tirchi Topiwale (Oye Oye) was part of Tridev and was co-composed by Anand–Milind, featuring lyrics by Sameer Anjaan, and performed by Amit Kumar and Sapna Mukherjee. Trimurti Films asserts that it holds the rights to the musical work and sound recording. They argue that their agreement with T-Series, also known as Super Cassettes, only granted limited audio exploitation rights, which did not extend to the song's use in new films or its synchronization with visual media.
Trimurti Films claims that the song was utilized without the necessary permissions, constituting a copyright infringement through unauthorized reproduction and public distribution. They are seeking immediate legal action to prevent any further use of the track, along with compensation and other remedies under copyright law. The company has requested the court to impose a temporary ban on the song's use across theaters, OTT platforms, and other digital venues. In their lawsuit, Rajiv Rai accused the Dhurandhar team of 'theft.' Despite the court's suggestion for mediation, the two parties could not reach an agreement.
Latest Ruling from the Delhi High Court: On May 14, a report indicated that the Delhi High Court has denied interim relief to Trimurti Films Pvt. Ltd. Justice Tushar Rao Gedela stated that if copyright infringement is proven, any losses incurred by the plaintiff could be compensated later through monetary damages.
Why Did the Court Reject Trimurti Films' Request? During the hearings, the defendants, including Jio Studios, B62 Studios Pvt. Ltd., and T-Series, contended that Trimurti Films had not disclosed prior instances where songs from Tridev were allegedly used in films like Azhar and K.G.F: Chapter 1. The court observed that previous correspondence and notices related to earlier disputes dated back to 2016, which were not included in the current case filings. This omission weakened the plaintiff's case for urgent interim protection. Justice Gedela also noted that halting the film's OTT release after its theatrical debut could lead to an impractical and contradictory situation.
Court Directs ₹50 Lakh Security Deposit: While the court has opted not to stop the film or the disputed song's usage for the time being, it has instructed Super Cassettes Industries to deposit ₹50 lakh within four weeks. This amount will be held in an interest-bearing fixed deposit with the Registrar General until the copyright dispute is resolved. The court clarified that the funds would ultimately be awarded to the party that prevails in the case.