Delhi HC allows 'Dhurandhar' to use 'Rang De Lal' song
What's the story
The Delhi High Court has allowed the use of the song Rang De Lal (Oye Oye) in the upcoming OTT release of Dhurandhar: The Revenge. The court's decision came after Trimurti Films Private Limited sought an ad-interim injunction to stop Super Cassettes Industries Private Limited, B62 Studios, and JioHotstar from infringing on their copyright of the song Tirchi Topiwale from Tridev.
Legal reasoning
Court's reasoning behind the decision
Justice Tushar Rao Gedela observed, "In the present case, defendant no.1 and defendant no.2 on the assurance and the agreement with defendant no.3 have invested huge sums of money, time and efforts in producing Dhurandhar: The Revenge." It held that "...the presence of the alleged infringing song/remixed version would be permissible (in cinema halls)...(but) the same would become an infringing act...(on) OTT platforms...is inconceivable and cannot be countenanced."
Case details
Trimurti Films alleged infringement by 'Dhurandhar'
Trimurti Films alleged that Rang De Lal used the song Tirchi Topiwale without permission. They argued that under a 1988 agreement with Super Cassettes, T-Series was only granted limited rights to exploit the song through cassettes and gramophone records. The court noted that the agreement used the phrase "now or hereafter known" regarding devices for sound reproduction. It observed that the agreement prima facie covered digital streaming platforms.