‘Tirchi Topiwale’ song copyright case: Delhi High Court paves way for Dhurandhar 2 OTT release

“In that, so far as the broadcasting of the said cinematograph film in Cinema Halls/Movie theatres is concerned, the presence of the alleged infringing song/remixed version would be permissible, whereas the same would become an infringing act so far as the OTT platforms are concerned. This, to the mind of this Court, is inconceivable and cannot be countenanced,” the court said on May 14.

Justice Tushar Rao Gedela heard the matter on May 14.

Denying the stay on the film Dhurandhar The Revenge’s release on OTT platforms, the court directed one of the defendants in the case, Super Cassettes Industries Private Limited, to deposit Rs 50 lakh with the registrar general to balance the equities of the case.

Court’s findings

The court in its order found that the plaintiff had suppressed material facts, including a 2016 legal notice issued by its own counsel and the existence of several other lawsuits prosecuted by the plaintiff between 2016 and 2020.

Justice Gadela observed that the plaintiff’s claim of being unable to monitor infringements due to its promoter, being abroad since 1997, was contradicted by the records of active litigation during that same period.

The court noted that granting an injunction for OTT platforms when the Dhurandhar 2 had already been released in cinema halls on March 19 would create an “incongruous situation”. The court remarked that what is permissible in the theatres cannot suddenly become an infringing act on OTT platforms.

The court highlighted that the 1988 agreement used the phrase “now or hereafter known” regarding devices for sound reproduction. This language prima facie contemplates technical advancements like digital streaming platforms.

Tridev’s ‘Tirchi Topiwale’ in court

The legal battle arose on an assignment agreement dated June 30, 1988, between Trimurti Films and Super Films and Super Cassettes. The plaintiff, represented by Senior Advocate Swathi Sukumar, contended that the agreement granted only limited rights for record-based exploitation, such as the manufacture and sale of cassettes and gramophone records.

Tirupati films argued that it retained the rights to synchronise or incorporate the song into any cinematograph film other than Tridev.

Conversely, Super Cassettes, represented by Senior Advocate Akhil Subal, argued that the agreement was a board assignment of all rights, titles, and interests in the literary, dramatic, and musical works embodied in the said work. They asserted that the plaintiff had only retained rights in the cinematography film Tridev, not the underlying musical or literary components.