The Delhi High Court has instructed ace music composer AR Rahman and the makers of the film ‘Ponniyin Selvan 2’ to deposit Rs 2 crores with the court.
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The Delhi High Court has instructed ace music composer AR Rahman and the makers of the film ‘Ponniyin Selvan 2′ to deposit Rs 2 crores with the court. The directive is over a copyright lawsuit pertaining to the Junior Dagar brothers’ classical rendition of ‘Shiv Stuti’.
Justice Prathiba M Singh passed an interim order on April 25. She ruled the case in favour of the Junior Dagar brothers. She noted that from a listener’s perspective, the core of Rahman’s song ‘Veera Raja Veera’ is not just inspiration. But is, in fact, identical in notes, emotion and aural impact to the ‘Shiva Stuti’. The judge ruled that the track violated the rights of the original composers of the musical tribute to Lord Shiva. Moreover, the court directed insertion of a slide in the film on all OTT and online platforms. This should give due credit to Junior Dagar Brothers. The brothers are- Late Ustad N. Faiyazuddin Dagar and Late Ustad Zahiruddin Dagar. Additionally, the court awarded Rs 2 lakh as costs to the family members of the late artists.
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Notably, Ustad Faiyaz Wasifuddin Dagar, the son of Faiyazuddin Dagar and nephew of Zahiruddin Dagar, contended in the lawsuit that he held the copyright in all original compositions of Junior Dagar Brothers. This included ‘Shiv Stuti’, which the defendants unlawfully infringed.
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The court said, “In the ultimate analysis, therefore, this court holds that the impugned song is not merely based on or inspired from 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. Hence, the defendant’s composition infringes the complainant’s rights in Shiva Stuti.” Subsequently, the court ordered the defendants- AR Rahman, Madras Talkies and Lyca Productions. They are to deposit Rs 2 crore with the court. The court will keep it in a fixed deposit, subject to the final outcome of the lawsuit.
Acknowledging the infringement, the court stated that “Irreparable injury would be caused to the creative rights and moral rights of the original composers who are no longer alive.” It added, “Defendant number 1 (Rahman), who has earned global acclaim, initially did not give any recognition to the plaintiff’s work. When the plaintiff contacted defendant number 1, the acknowledgement was given, albeit reluctantly. The Defendants numbers 6 and 7, who sang the impugned song, are disciples of the plaintiff. These facts demonstrate the intricate link to the Shiva Stuti and Veera Raja Veera musical compositions.”
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On the other hand, the composer’s side argued that ‘Shiv Stuti’ is based on the traditional dhrupad genre. It is in the public domain. Moreover, the manner of singing and the composition itself were not original, rendering it incapable of copyright protection.
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