**Suitable Titles for the Article:**
Copyright Comes from Creation and not from registration
1. Delhi High Court Holds Copyright Arises from Creation, Not Performance or Family Claim – A.R. Rahman Wins Appeal
2. Creation, Not Registration Vests Copyright: Landmark Ruling in Dhrupad-Film Song Dispute
3. No Proof of Original Creation Means No Copyright – Delhi High Court Sets Aside Interim Relief Against A.R. Rahman
**Suitable Tags:**
#CopyrightFromCreation #IndianClassicalMusic #AR Rahman #Dhrupad #MoralRights #DelhiHighCourt #CopyrightLaw #TraditionalMusic #IPJudgment #NoRegistrationRequired
### Introduction
In a ruling that powerfully reaffirms a core principle of Indian copyright law, the Division Bench of the Delhi High Court has clarified that ownership of copyright flows directly from the act of creation itself and not from any formal registration, family arrangement, or mere performance of a work. The judgment arose in a high-profile dispute where a celebrated Dhrupad vocalist claimed rights over a traditional-style composition used in a popular film song by music composer A.R. Rahman. By setting aside the single judge’s interim directions for credit and monetary deposit, the court emphasised that in the realm of Indian classical music – passed down orally through generations – a claimant must prove actual original creation with clear evidence. Performance records or family assertions alone are not enough to establish authorship and ownership. This decision protects the public domain nature of traditional musical elements while underscoring that copyright protection rewards genuine creative contribution, not inherited legacy or rendition.
### Factual Background
A Padma Shri awardee and exponent of the Dagarvani Dhrupad style claimed that his late father and uncle, known as the Junior Dagar Brothers, had originally created a musical composition called “Shiva Stuti” in the 1970s. He asserted that through an oral family settlement after their passing, the rights in this composition had come to him exclusively. According to him, the composition was a distinct original work within the broader Dhrupad tradition.
The composer A.R. Rahman, while creating music for the Tamil film Ponniyin Selvan II, incorporated melodic elements inspired by Dhrupad traditions into the song “Veera Raja Veera”. The film credits acknowledged inspiration from the “Dagarvani Tradition Dhrupad” but did not name the Junior Dagar Brothers or the plaintiff as creators. The plaintiff alleged that substantial parts of his claimed composition had been used without permission or proper attribution, violating both economic copyright and the moral rights of the original creators. He sought injunctions to stop further use and to compel credit in all releases and platforms.
### Procedural Background
The plaintiff filed a commercial suit seeking permanent injunction, damages, and accounts, along with an urgent interim application for directions to give credit to the Junior Dagar Brothers whenever the song was played or streamed. After hearing both sides, the single judge partly allowed the interim plea. The order directed updated credits in the song identifying the Junior Dagar Brothers as the source, required the composer and producers to deposit a substantial sum in court as security, and imposed costs on them.
Feeling aggrieved by this interim relief granted after the film’s theatrical and OTT release, the composer and associated parties filed an appeal before the Division Bench. The appeal challenged the findings on authorship, originality, and the grant of what was perceived as final relief at the interlocutory stage. The Division Bench heard detailed arguments over multiple days, examined the evidence placed on record, and reserved judgment.
### Reasoning and Decision of Court
The Division Bench began by reiterating the fundamental tenet that copyright ownership springs from the moment of creation of an original work. Registration under the Copyright Act is merely declaratory and not a precondition for protection. In the context of Indian classical music, which thrives on oral transmission and guru-shishya tradition, the court stressed that a claimant cannot rely solely on performances or family arrangements to prove they (or their predecessors) created the work. Actual evidence of original creative contribution – beyond following the rules of a raga – is essential.
The court carefully analysed the materials produced by the plaintiff, including old performance recordings, inlay cards of albums, and a later family letter. It found that these documents showed the Junior Dagar Brothers had performed and popularised a rendition of “Shiva Stuti” in Raga Adana, but did not establish that they had originally composed the underlying musical work. Performances demonstrate rendition and skill, not authorship of the composition itself. The court noted that similar renditions existed in the public domain, performed by other artists and disciples across Dagar lineages, long before or independently of the Junior Dagar Brothers.
On originality, the Division Bench explained that while a composer may enjoy copyright in a specific, creative selection and arrangement of notes within a raga, mere adherence to traditional structures, swaras, or taal patterns common to the raga does not qualify as original creation. Elements dictated by the raga’s grammar remain in the public domain and cannot be monopolised. The court found that the plaintiff had not shown, even prima facie, any unique creative expression beyond standard raga elements that could be attributed exclusively to the Junior Dagar Brothers.
The Division Bench further held that moral rights of attribution, while important, arise only after authorship is established. Since the plaintiff failed to prove creation by the claimed authors, the question of moral rights violation did not arise at the interim stage. Granting credit or security deposit would amount to final relief without full trial, which is impermissible when the foundational claim of ownership remains unproven.
Ultimately, the Division Bench allowed the appeal, set aside the single judge’s directions for credit changes, monetary deposit, and costs, and vacated the interim injunction. It clarified that all issues of authorship, originality, and infringement remain open for determination at the final trial on the basis of complete evidence. The court balanced the interests by noting that traditional music elements belong to the cultural commons, and copyright cannot be used to restrict genuine creative inspiration drawn from public domain traditions.
### Point of Law Settled in the Case
This judgment firmly settles that under Indian copyright law, ownership vests in the person who actually creates an original work, and registration plays no role in conferring or proving that ownership. In oral and traditional art forms like Dhrupad, performances or recordings establish only rendition, not authorship of the composition. A claimant must produce positive evidence of original creative contribution beyond raga grammar and common structures. Moral rights and injunctions for attribution cannot be granted at the interim stage without prima facie proof of creation and ownership. The decision protects the public domain character of traditional musical motifs while reinforcing that copyright rewards genuine authorship arising from creation itself.
**Case Detail**
**Title:** AR Rahman Vs Ustad Faiyaz Wasifuddin Sagar
**Date of Order:** 24 September 2025
**Case Number:** FAO(OS) (COMM) 86/2025
**Neutral Citation:** 2025:DHC:8522-DB
**Name of Court:** High Court of Delhi
**Name of Hon'ble Judges:** Hon’ble Mr. Justice C. Hari Shankar and Hon’ble Mr. Justice Om Prakash Shukla
**Disclaimer:** Readers are advised not to treat this as substitute for legal advise as it may contain errors in perception, interpretation, and presentation]
**Written By:** Advocate Ajay Amitabh Suman, IP Adjutor [Patent and Trademark Attorney], High Court of Delhi
**Headnote of Article:**
Delhi High Court Division Bench holds that copyright ownership arises solely from the act of creation of an original work and not from registration, performance history, or family claims; in the absence of prima facie proof that the Junior Dagar Brothers originally created “Shiva Stuti” beyond traditional Dhrupad elements, no interim relief for credit or deposit can be granted against A.R. Rahman’s use in “Veera Raja Veera”.
