Delhi High Court Sends Tridev Song Copyright Dispute to Mediation
The Delhi High Court on Thursday referred a copyright dispute to mediation, involving the alleged unauthorised use of a song from the 1989 film Tridev in the movie Dhurandhar 2. Justice Tushar Rao Gedela passed the order in response to a lawsuit filed by Trimurti Films, the producer of Tridev, against B62 Studios Pvt Ltd and Super Cassettes Industries Pvt Ltd.
Allegations and Legal Proceedings
Trimurti Films claimed that the track "Rang De Lal (Oye Oye)" from Dhurandhar 2 used the iconic song "Tirchi Topi Wale" from Tridev without proper authorisation. The defendants opposed this claim, leading to the court's intervention.
Justice Gedela listed the case for a hearing on May 6, noting that granting interim relief was unnecessary at this stage. This decision was based on a statement from B62 Studios indicating that Dhurandhar 2 is unlikely to be released on any OTT platforms in the near future.
Court Directives and Mediation Order
In his ruling, Justice Gedela emphasised the financial nature of the dispute and directed the defendants to maintain detailed records of all accounts related to the exploitation of the film from its launch on March 19 until the court reaches a final decision.
The court stated, "Having regard to the fact that the statement has been rendered on behalf of defendant number 1 (B62 Studios), no order in respect of passing an interim injunction at this stage as of 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."
Furthermore, the parties were referred to mediation, with both sides expressing willingness to settle the dispute outside of court. They have been directed to appear before the Delhi High Court Mediation Centre on April 22 to begin the process.
Arguments from Both Sides
The senior counsel for Trimurti Films argued that the end credits of Dhurandhar 2 acknowledge the copyright of the disputed song as belonging to Trimurti Films. She suggested that the song could be removed from any OTT or digital platform release of the defendant's film to resolve the issue.
In response, Senior Advocate Akhil Sibal, representing Super Cassettes, asserted that the label holds the rights to the song and opposed any interim relief. He also accused the plaintiff of suppressing important facts, noting that songs from Tridev have been used in other films previously without similar disputes.
This case highlights ongoing challenges in the entertainment industry regarding copyright enforcement and the increasing reliance on mediation to resolve such conflicts efficiently.
