New Delhi, May 15 The Delhi High Court has given its nod to the OTT release of "Dhurandhar 2" with the track "Rang De Lal (Oye Oye)", a remix of a song from the 1989 film "Tridev".
Justice Tushar Rao Gedela rejected a plea by "Tridev" maker Trimurti Films to injunct the streaming of "Dhurandhar: The Revenge" on the OTT platform to the extent of the allegedly unauthorised use of its song "Tirchi Topiwale" as background score.
In an interim order passed on May 14 on the lawsuit by Trimurti Films, Justice Gedela observed that the film was released with the allegedly infringing song in cinema halls and restraining such a release on the OTT platform "would result in an incongruous situation" and be "inconceivable".
Noting that the plaintiff could be granted adequate compensation as damages if it succeeds in the end, Justice Gedela asked Super Cassettes/T-series to deposit Rs 50 lakh within four weeks with the court.
The court said that the makers of "Dhurandhar 2", who invested huge sums of money, time and effort into the film on the basis of their agreement with T-series, cannot be put to a detrimental or disadvantageous position.
The court noted that T-series has asserted complete rights over the song by "actual use and exploitation" of songs from "Tridev" by incorporating them in a remixed version for two earlier films as well, for which no action was taken.
"(The court cannot) direct them to undergo huge financial losses merely at the askance of the plaintiff, as and when the plaintiff chooses to awaken from its deep slumber," the court concluded.
According to Trimurti Films, "Dhurandhar 2" infringed its copyright in the song "Tirchi Topiwale", which ultimately belongs to it, and Super Cassettes was earlier given a "limited" right to use the track for "record-based exploitation".
Super Cassettes, on the other hand, disputed the plaintiff's claim and said the label has the rights over the song.
