Why Delhi HC allowed Dhurandhar 2 OTT release with alleged ‘unauthorised’ song; asked for ₹50 lakh deposit | Explained

IN betimes apr, Trimurti Films filed a right of first publication infringement case against Aditya Dhar’s B62 Studios and Super Cassettes Industries Pvt Ltd o'er ‘unauthorised usage’ of the song Tirchhi Topiwale from the 1989 film Tridev in Dhurandhar: The Revenge. However, the Delhi High Court allowed the filmmakers to proceed with the OTT release of the film with the track Rang De Lal (Oye Oye), which contains a portion of the song. An explainer on why this was allowed.Delhi HC allows Dhurandhar 2 OTT release with Rang De LalAccording to PTI, the HC rejected a plea by Tridev filmmaker Trimurti Films seeking an injunction against the streaming of Dhurandhar: The Revenge on OTT platforms. This included using the allegedly unauthorised song Tirchhi Topiwale. In the order passed on May 14, the court observed that the film was released with the song in cinema halls (on March 19) and restraining its OTT release would ‘result in an incongruous situation’ and be ‘inconceivable’.However, the court noted that Trimurti Films could be awarded adequate damages if it succeeded in proving its case. Super Cassettes, widely known as T-Series, was asked to deposit ₹50 lakh with the court within four weeks. The HC also stated that the makers invested large sums of money, time and effort into the film on the basis of their agreement with T-Series, which cannot be put in a ‘detrimental or disadvantageous’ position. T-Series has remixed Tridev songs beforeThe HC noted that T-Series asserted complete rights over Tirchhi Topiwale by actual use and exploitation of songs from Tridev and by incorporating them into remixed versions for two earlier films, yet 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 said. In April, the HC referred the dispute over the Tridev song to mediation, but as of May, the parties' mediation talks have failed.A ‘Raw & Undekha’ version of Dhurandhar 2 began streaming outside India on Netflix from May 14-15. The film will have a digital premiere in India only on JioHotstar on June 4 at 7 PM. It will be available to stream from June 5. Given that the version streaming abroad has uncensored scenes featuring graphic violence, cuss words, beheadings and more, it remains to be seen if the same cut will stream in India. Aditya Dhar directed the Dhurandhar films that star Ranveer Singh, Akshaye Khanna, Sanjay Dutt, Arjun Rampal, R Madhavan, Sara Arjun, Rakesh Bedi, Gaurav Gera, and Danish Pandor.