Delhi High Court Orders Mediation in Dhurandhar 2 Copyright Dispute Over Song
Amidst the box office success of the film Dhurandhar 2, a legal storm has erupted as Trimurti Films filed a copyright infringement case against Aditya Dhar's production house, Rang De Lal (Oye Oye). The Delhi High Court heard this contentious dispute on Thursday and has mandated a mediation process to resolve the issues.
Court's Directive and Financial Nature of Dispute
Justice Tushar Rao Gedela, presiding over the case, observed that the dispute appeared to be largely financial in nature. He suggested that concerns such as royalty payments and compensation could be effectively addressed through mediation. The Court has ordered the appointment of a senior mediator to oversee the proceedings, aiming for an amicable resolution between the parties.
Allegations of Unauthorized Use of Music
Trimurti Films has accused the makers of Dhurandhar 2 of unauthorized use of music from the iconic song 'Tirchi Topiwala', originally featured in the film Tridev starring Sunny Deol. The song was composed by Anand–Milind with lyrics by Anand Bakshi, and Trimurti claims ownership of it. According to Trimurti, the production house either used the original track or a substantially similar version without securing the necessary license, constituting copyright infringement.
The allegations highlight the commercial exploitation of the song across multiple platforms, including theatrical releases, digital streaming services, and promotional materials tied to Dhurandhar 2. This widespread use has intensified the legal battle, with Trimurti seeking redress for what it perceives as a blatant violation of intellectual property rights.
Legal Arguments and Counterclaims
During the court proceedings, Senior Advocate Swathi Sukumar, representing Trimurti Films, argued that the use of the 'Tirchi Topiwala' music in Dhurandhar 2 was unauthorized, particularly noting its independent release on digital platforms. On the opposing side, Senior Advocate Akhil Sibal, representing Super Cassettes Industries Limited—which holds the audio rights for Dhurandhar 2—opposed any interim relief sought by Trimurti. Sibal contended that Trimurti approached the Court with "unclean hands", alleging a failure to disclose previous instances where songs from Tridev had been reused in other films.
In a related development, Senior Advocate Ravi Prakash, appearing for B62 Films, informed the Court that Dhurandhar 2 has already been released in theatres and is not expected to arrive on OTT platforms before mid-May. This timeline adds urgency to the mediation process, as any resolution could impact future digital releases and revenue streams.
Legal Teams and Representation
The case has drawn significant legal expertise from both sides. Sukumar was assisted by Advocate Arunadri Iyer, while Sibal's representation included a legal team from Ira Law, featuring partners Aditya Gupta, Asavari Jain, and Geethanjali Vishwanathan, along with Advocate Shivash Tiwari. Prakash was briefed by a DSK Legal team led by partner Parag Khandhar, with Advocates Chandrima Mitra, Anaheeta Verma, Krishan Kumar, and Diva Chanchani providing support.
This high-profile dispute underscores the complexities of copyright law in the entertainment industry, where the reuse of classic songs can lead to significant legal and financial repercussions. The mediation ordered by the Delhi High Court offers a potential pathway to settlement, avoiding prolonged litigation that could affect all parties involved.
