Delhi High Court Refuses To Stall OTT Release Of Dhurandhar Film In Copyright Dispute Over 'Tirchi Topiwale'

The Delhi High Court on Thursday refused to grant interim relief to Trimurti Films Private Limited in its copyright infringement suit concerning the alleged unauthorized use of the iconic song “Tirchi Topiwale” from the film Tridev in the movie Dhurandhar: The Revenge. Justice Tushar Rao Gedela said that if Trimurti Films is able to establish its rights as asserted, adequate compensation in form of damages can always be granted.The Court was hearing a plea seeking injunction against the defendants, including B62 Studios Pvt. Ltd., Jio Studios and Super Cassettes Industries Pvt. Ltd. (T-Series), from exploiting the original song and its remixed version “Rang De Lal (Oye Oye)” in the film and on digital platforms. Trimurti Films contended that under a 1988 agreement, only limited rights relating to manufacture and sale of audio records were assigned to Super Cassettes Industries and no right was granted to synchronize or incorporate the song into another cinematograph film. It was argued that use of the song in Dhurandhar: The Revenge without its permission amounted to infringement of its copyright in the literary, musical and sound recording works underlying the song. Opposing the plea, the defendants alleged suppression of material facts and acquiescence by Trimurti Films. They pointed out that songs from Tridev had earlier been used in films such as Azhar and K.G.F: Chapter 1, but no legal action had been pursued by Trimurti Films despite being aware of such use. The Court referred to notices exchanged in 2016 concerning alleged infringement in the film Azhar, observing that Trimurti Films had neither disputed the authenticity of those documents nor adequately explained the omissions in the plaint. Accordingly, the Court declined to grant interim restraint against the OTT release of the film.“While the plaintiff may be correct in contending that in case this Court finds the plaintiff to have its copyrights subsisting the release of the cinematograph film 'Dhurandhar: The Revenge', despite the release of the cinematograph film in Cinema Halls, an interim order restraining release of the same in OTT platforms can still be passed, however, in the opinion of this Court, acceding to such argument would result in an incongruous situation,” the Court said. It rejected Trimurti's contention that in case restraint of release of the cinematograph film in OTT Platforms is not granted, despite its “prima facie establishment of copyrights”, the licensing regime under the Copyright Act, 1957 would suffer. “This is for the reason that the opinion formed by this Court is only prima facie and theparties will have adequate and complete opportunity to establish their rights in accordance with law in trial, and if the plaintiff is able to establish its rights, then, of course, the right of the plaintiff to demand any person, including defendants to obtain permission/license from it, shall stand vindicated. Thus, for the aforesaid reason the contention is unacceptable,” the Court said.However, the Court directed Super Cassettes to deposit Rs. 50 lakhs within four weeks from date in the Court. It said that the deposit shall be made in the name of Registrar General, who shall invest the said amount in an interest bearing FDR with an auto renewable clause, which may enure to the benefit of the successful party at the end of the trial.Title: TRIMURTI FILMS PRIVATE LIMITED v. B62 STUDIOS PRIVATE LIMITED & ORSCitation: 2026 LiveLaw (Del) 496Click here to read order

Delhi High Court Refuses To Stall OTT Release Of Dhurandhar Film In Copyright Dispute Over 'Tirchi Topiwale'

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Delhi High Court Refuses To Stall OTT Release Of Dhurandhar Film In Copyright Dispute Over 'Tirchi Topiwale'

Nupur Thapliyal

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