In a significant interim order, the Delhi High Court has directed music composer A R Rahman and production house Madras Talkies to deposit ₹2 crore with the court, after finding that the song 'Veera Raja Veera' from Ponniyin Selvan 2 is "identical" to 'Shiva Stuti', originally composed by the late Junior Dagar Brothers.
Justice Prathiba M Singh, presiding over the case, stated: "This court holds that the impugned song is not merely based on or inspired by the suit composition - Shiva Stuti - but is, in fact, identical to the suit composition with mere change in lyrics. The adding of other elements may have rendered the impugned song more like a modern composition, but the basic underlying musical work is identical."
The order was passed in response to a lawsuit filed by Ustad Faiyaz Wasifuddin Dagar, the son and nephew of the original composers, Ustad Nasir Faiyazuddin Dagar and Ustad Nasir Zahiruddin Dagar.
Court directs immediate credit and compensation
The High Court also directed that on all OTT and online platforms, the credit slide for the song must now clearly state, "Composition based on Shiva Stuti by Late Ustad N. Faiyazuddin Dagar and Late Ustad Zahiruddin Dagar."
In addition, ₹2 lakh has been awarded to the Dagar family as costs. Justice Singh noted that initially Rahman, who "has earned global acclaim", had not acknowledged the Dagar Brothers' contribution. It was only after Ustad Faiyaz Wasifuddin Dagar reached out that a reluctant acknowledgment was made. "Further correspondence ensued but there was no resolution," the court observed.
Justice Singh pointed out that the plaintiffs had a strong prima facie case for copyright infringement. "If an interim order was not passed, irreparable injury would be caused to the creative rights and moral rights of the original composers who are no longer alive," the court said.
Arguments from Rahman's side
Rahman and Madras Talkies, however, defended their position by arguing that 'Shiva Stuti' is rooted in the traditional Dhrupad genre of Hindustani classical music and therefore belongs to the public domain. Their counsel contended that since the manner of singing and the composition were not original creations but traditional, they could not attract copyright protection.
The court rejected this argument. It underlined that Hindustani classical compositions, if original, are indeed protected under the Copyright Act. "The balance of convenience is thus in favour of the plaintiff as once the movie and song lose their audience by the time the trial is concluded, the plaintiff would have lost any possibility of effective acknowledgement," Justice Singh wrote.
Deep links between 'Shiva Stuti' and 'Veera Raja Veera'
The court emphasised that there was an intricate musical and emotional link between 'Shiva Stuti' and 'Veera Raja Veera'. It noted that even the singers of the impugned song were disciples of Ustad Faiyaz Wasifuddin Dagar. "These facts demonstrate the intricate link to the Shiva Stuti and Veera Raja Veera musical compositions," the court said.
The ₹2 crore deposit ordered by the court will remain in a fixed deposit, pending the final outcome of the lawsuit.
Ustad Faiyaz Wasifuddin Dagar, a renowned classical vocalist and Padma Shri awardee, initiated the lawsuit in 2023. In his plea, he sought not only financial compensation but also a permanent injunction to protect his family's moral and creative rights.
The Junior Dagar Brothers, Nasir Faiyazuddin and Nasir Zahiruddin, were highly respected exponents of the Dhrupad tradition. Their 'Shiva Stuti' composition remains a significant contribution to Hindustani classical music. The case highlights broader concerns about respecting and crediting original classical compositions, even when they are adapted into modern works.
Justice Prathiba M Singh, presiding over the case, stated: "This court holds that the impugned song is not merely based on or inspired by the suit composition - Shiva Stuti - but is, in fact, identical to the suit composition with mere change in lyrics. The adding of other elements may have rendered the impugned song more like a modern composition, but the basic underlying musical work is identical."
The order was passed in response to a lawsuit filed by Ustad Faiyaz Wasifuddin Dagar, the son and nephew of the original composers, Ustad Nasir Faiyazuddin Dagar and Ustad Nasir Zahiruddin Dagar.
Court directs immediate credit and compensation
The High Court also directed that on all OTT and online platforms, the credit slide for the song must now clearly state, "Composition based on Shiva Stuti by Late Ustad N. Faiyazuddin Dagar and Late Ustad Zahiruddin Dagar."
In addition, ₹2 lakh has been awarded to the Dagar family as costs. Justice Singh noted that initially Rahman, who "has earned global acclaim", had not acknowledged the Dagar Brothers' contribution. It was only after Ustad Faiyaz Wasifuddin Dagar reached out that a reluctant acknowledgment was made. "Further correspondence ensued but there was no resolution," the court observed.
Justice Singh pointed out that the plaintiffs had a strong prima facie case for copyright infringement. "If an interim order was not passed, irreparable injury would be caused to the creative rights and moral rights of the original composers who are no longer alive," the court said.
Arguments from Rahman's side
Rahman and Madras Talkies, however, defended their position by arguing that 'Shiva Stuti' is rooted in the traditional Dhrupad genre of Hindustani classical music and therefore belongs to the public domain. Their counsel contended that since the manner of singing and the composition were not original creations but traditional, they could not attract copyright protection.
The court rejected this argument. It underlined that Hindustani classical compositions, if original, are indeed protected under the Copyright Act. "The balance of convenience is thus in favour of the plaintiff as once the movie and song lose their audience by the time the trial is concluded, the plaintiff would have lost any possibility of effective acknowledgement," Justice Singh wrote.
Deep links between 'Shiva Stuti' and 'Veera Raja Veera'
The court emphasised that there was an intricate musical and emotional link between 'Shiva Stuti' and 'Veera Raja Veera'. It noted that even the singers of the impugned song were disciples of Ustad Faiyaz Wasifuddin Dagar. "These facts demonstrate the intricate link to the Shiva Stuti and Veera Raja Veera musical compositions," the court said.
The ₹2 crore deposit ordered by the court will remain in a fixed deposit, pending the final outcome of the lawsuit.
Ustad Faiyaz Wasifuddin Dagar, a renowned classical vocalist and Padma Shri awardee, initiated the lawsuit in 2023. In his plea, he sought not only financial compensation but also a permanent injunction to protect his family's moral and creative rights.
The Junior Dagar Brothers, Nasir Faiyazuddin and Nasir Zahiruddin, were highly respected exponents of the Dhrupad tradition. Their 'Shiva Stuti' composition remains a significant contribution to Hindustani classical music. The case highlights broader concerns about respecting and crediting original classical compositions, even when they are adapted into modern works.
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