The Delhi High Court on Thursday referred a copyright dispute between Trimurti Films and filmmaker Aditya Dhar’s B62 Studios over the “Rang De Lal (Oye Oye)” song in the Hindi film Dhurandhar 2, to mediation [Trimurti Films Vs B62].
Justice Tushar Rao Gedela observed that the controversy appeared to be primarily financial in nature and indicated that the parties could work out a resolution, including issues of royalty and compensation, through mediation.
The Court also directed that a senior mediator be appointed.
Trimurti Films had sued Aditya Dhar’s production house, alleging that the "Rang De Lal (Oye Oye)" song in Dhar's film Dhurandhar 2 involved the unauthorised use of music from the song "Tirchi Topiwala."
Tirchi Topiwala is a well-known track from the Sunny Deol-starrer Hindi film Tridev (1989), composed by Anand–Milind with lyrics by Anand Bakshi. The rights in the song are claimed by Trimurti Films, which has alleged that Dhurandhar 2's makers have used the track, or a version substantially similar to it, without obtaining the necessary licence.
Trimurti has argued that such use amounts to copyright infringement. Its grievance also extends to the commercial exploitation of the song through theatrical release, its streaming on digital platforms and promotional material associated with Dhurandhar 2.
Senior Advocate Swathi Sukumar, appearing for Trimurti, today contended that the use of the Tirchi Topiwala music in Dhurandhar 2, including its standalone availability on digital platforms, was unauthorised.
Senior Advocate Akhil Sibal, appearing for Super Cassettes - which holds audio rights in Dhurandhar 2 songs - opposed any grant of interim relief to Trimurti.
He argued that the Trimurti had approached the Court with unclean hands, alleging that the production house suppressed prior instances where similar songs from Tridev were used in other films.
Senior Advocate Ravi Prakash, appearing for B62 Films (producer of Dhurandhar 2) told the court that the film, which has already been released in theatres, is unlikely to be made available on OTT platforms till mid-May.
Sukumar was briefed by Advocate Arunadri Iyer.
Sibal was briefed by a team from Ira Law comprising Partners Aditya Gupta, Asavari Jain and Geethanjali Vishwanathan with Advocate Shivash Tiwari.
Prakash was briefed by a team from DSK legal led by its partner Parag Khandhar and Advocates Chandrima Mitra, Anaheeta Verma, Krishan Kumar, and Diva Chanchani.
Advocates Vishesh Issar, Rahul Dhawan, Apoorv Bansal and Vaishali Singh from Lex Chambers appeared for Jio Studios, Producer.