The Delhi High Court has directed a copyright disagreement over the song 'Rang De Lal (Oye Oye)' from the film 'Dhurandhar 2' into mediation, seeking resolution between Trimurti Films and B62 Studios, helmed by filmmaker Aditya Dhar.
The court, presided over by Justice Tushar Rao Gedela, observed the matter to be largely financial, a sentiment echoed by parties willing to engage in mediated settlement. Mediation proceedings are scheduled to commence on April 22nd at the High Court Mediation Centre, with a follow-up hearing set for May 6th.
Trimurti Films, which claims rights over the original track, alleges that 'Dhurandhar 2' has used a substantially similar version of their song, originally from the 1989 film 'Tridev', without adequate licensing or permission. This unauthorized use reportedly extends to the song's presence in theatrical releases, digital platforms, and promotional materials.
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"The use of the music, including its standalone availability on digital platforms, was unauthorised."— Senior Advocate Swathi Sukumar, representing Trimurti Films
Points of Contention and Court's Stance
Senior Advocate Swathi Sukumar, representing Trimurti Films, argued that the music's use, including its standalone availability on digital platforms, was unauthorized. Trimurti Films also asserts that the end credits of 'Dhurandhar 2' acknowledge their ownership of the song's copyright.
Conversely, Senior Advocate Akhil Sibal, appearing for Super Cassettes, which holds the audio rights for 'Dhurandhar 2', opposed any immediate injunction. Sibal contended that Trimurti Films approached the court with "unclean hands," suggesting a suppression of facts regarding prior instances where songs from 'Tridev' were allegedly used in other films.
Senior Advocate Ravi Prakash, representing B62 Studios, informed the court that 'Dhurandhar 2' has already been released theatrically. He also noted that an Over-The-Top (OTT) platform release was unlikely until mid-May, a statement that led the court to defer the need for interim relief at this stage. The court has, however, mandated that defendants maintain meticulous records of all revenues generated from the film since its March 19th release.
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Background to the Dispute
The core of the disagreement lies in the song 'Rang De Lal (Oye Oye)' featured in 'Dhurandhar 2', which Trimurti Films contends is a remix or unauthorized adaptation of 'Tirchi Topi Wale' from the film 'Tridev'. The legal battle highlights the complexities surrounding music rights, sampling, and adaptation in the contemporary film industry, where unauthorized use across various media platforms can quickly escalate into significant disputes. The mediation aims to address financial and licensing issues, potentially paving the way for a settlement that respects intellectual property rights while allowing for the film's continued exhibition.
