The Delhi High Court has issued an interim order requiring music composer A.R. Rahman and the makers of “Ponniyin Selvan 2” to deposit ₹2 crore following a copyright infringement lawsuit over the use of Junior Dagar brothers’ classical rendition of ‘Shiv Stuti’.
Justice Prathiba M Singh ruled that Rahman’s song ‘Veera Raja Veera’ from the film was “identical” to the original ‘Shiva Stuti’ in notes, emotion, and aural impact. The court directed that a credit slide must be inserted into the film across all OTT and online platforms, acknowledging the contributions of Late Ustad N. Faiyazuddin Dagar and Late Ustad Zahiruddin Dagar, the Junior Dagar Brothers. It also awarded ₹2 lakh as costs to the family of the deceased artists.
“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,” the court held.
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The lawsuit was filed by Ustad Faiyaz Wasifuddin Dagar , son of Faiyazuddin Dagar and nephew of Zahiruddin Dagar claiming ownership of the copyrights to all original works by the Junior Dagar Brothers, including Shiv Stuti, which he alleged had been unlawfully copied.
Rahman’s legal team, however, argued that Shiv Stuti was part of the ancient dhrupad tradition a style considered public domain but the court rejected Rahman’s argument and said it’s not eligible for copyright protection. The judge noted that the “intricate link” between the compositions was evident, especially since two singers of the film’s song were disciples of the plaintiff.
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