Factual Background
Ustad Faiyaz Wasifuddin Dagar, a prominent Dhrupad vocalist from the Dagar family, filed a copyright infringement suit against music composer A.R. Rahman and others. He alleged that the song “Veera Raja Veera” in the film Ponniyin Selvan–2 used a musical composition called “Shiva Stuti”, originally created by his father and uncle (Junior Dagar Brothers), without permission or credit. This composition, part of the Dagarvani tradition, was claimed to be an original work composed in the 1970s and performed internationally.
Plaintiff’s Claims
The plaintiff asserted ownership over Shiva Stuti through an oral family settlement and presented historical recordings as proof of originality. He emphasized that the impugned song’s melody and structure were virtually identical to the original, thus violating copyright and moral rights.
Defendants’ Stand
A.R. Rahman and other defendants denied infringement, arguing that the song was composed using Western musical principles and that the similarities were coincidental or derived from elements in the public domain. They also questioned the originality and authorship of Shiva Stuti, stating it lacked sufficient fixation for copyright protection and was based on traditional Raga structures.
Court's Findings
The Court held that Shiva Stuti is a prima facie original musical work entitled to copyright protection. It rejected the defence that the composition was merely traditional and not original, noting the unique arrangement, melody, and structure created by the Junior Dagar Brothers. The Court found that the impugned song was not just inspired by but substantially identical to the original work in musical swaras, emotion, and overall impact to a lay listener.
Final Decision
The Court ruled in favour of the plaintiff for interim relief. It directed that the credits slide on all OTT and online platforms showing the impugned song must be changed to acknowledge the original composers:“Composition based on Shiva Stuti by Late Ustad N. Faiyazuddin Dagar and Late Ustad Zahiruddin Dagar.”Further, Defendants Nos. 1 to 3 were ordered to deposit Rs. 2 crores in a fixed deposit with the Court, and also to pay Rs. 2 lakhs in litigation costs. However, the Court declined to order removal of the song from circulation, balancing the public interest and commercial implications of the already released and successful film. The matter remains pending for final adjudication, with this being only the interim order.
Case Title: Ustad Faiyaz Wasifuddin Dagar Vs A.R. Rahman
Date of Order: 25 April, 2025
Case No.: CS(COMM) 773/2023
Neutral Citation: 2025:DHC:2907
Court: High Court of Delhi
Judge: Hon’ble Ms. Justice Prathiba M. Singh.
