Copyright row: Delhi HC refers dispute over ‘Oye Oye’ song in Dhurandhar 2 to mediation

The suit alleged unauthorised use of the song ‘Tirchi Topiwale’ from the film Tridev in the track “Rang De Lal – Oye Oye” to mediation

The Delhi High Court on Thursday declined to pass an order for an immediate takedown of the song ‘Rang De Lal – Oye Oye’ from the movie Dhurandar 2. The song “Rang De Lal (Oye Oye)” from Dhurandar 2, was released under the music label T-Series, which holds the music rights for the film’s soundtrack.

The suit is scheduled to be heard next on May 6. (@RanveerOfficial | X account)

Though Justice Tushar Rao Gedela refused to pass takedown order, noting that the film had already been released in theatres and the producers did not intend to release it on any OTT platform until the mid of May, he referred the copyright infringement suit filed by Trimurti Films against filmmaker Aditya Dhar’s production house, B62 Studios, and T-Series to mediation.

The suit alleged unauthorised use of the song ‘Tirchi Topiwale’ from the film Tridev in the track “Rang De Lal – Oye Oye”.

Justice Gedela said that the controversy appeared to be primarily financial in nature and the parties could work out a resolution.

“Having regard to the fact that the statement (about the movie’s release on OTT platform) has been rendered on behalf of defendant number 1 (Aditya Dhar’s production house), no order in respect of passing an interim injunction at this stage as on date is required. However, it is directed that the defendants shall maintain their record of accounts of all the possible and plausible exploitation taking place from the time when the movie was launched i.e. March 19 till the decision is reached by this court,” the court said in the order.

“In the meanwhile, the parties are referred to mediation since they are willing to settle their disputes by referring their matter to mediation. The parties are directed to appear before the Delhi high court mediation centre on April 22”, the court said.

The court said this after the lawyer for Trimurti Films Swati Sukumar contended that under a 1988 agreement relating to the film Tridev, it had assigned only limited rights in the sound recording to T-Series, specifically for exploitation through cassettes and gramophone records, with royalty payments linked to such limited usage.

She added that B62 Studios and T-Series used the original song ‘Tirchi Topiwale’, including in remixed form, in another film despite the agreement not assigning or contemplating any right to incorporate the song, in its original or remixed version, in a different cinematograph film and such a use required a separate licence.

T-series represented by senior advocate Akhil Sibal along with advocate Aditya Gupta opposed the grant of interim relief asserting that the production house suppressed prior instances where similar songs from Tridev were used in other films and had approached the court with unclean hands.

Senior advocate Ravi Prakash represented Aditya Dhar’s production house. The suit is scheduled to be heard next on May 6.