Delhi HC orders Rahman, PS-2 makers to deposit 2 crore in copyright case over Veera Raja Veera song

Courts finds that the song was identical to the composition titled Shiva Stuti by the Junior Dagar Brothers

The Delhi High Court on Friday directed renowned music director and composer A.R. Rahman, along with the co-producers of the film Ponniyin Selvan–II, to deposit Rs. 2 crore with the court registry over an alleged copyright infringement related to the song Veera Raja Veera featured in the 2023 film.

The order came on a lawsuit by classical vocalist and Padma Shri awardee Ustad Faiyaz Wasifuddin Dagar, who accused Mr. Rahman and the film’s production houses — Madras Talkies and Lyca Productions — of unauthorised use of a classical composition titled Shiva Stuti, originally composed by the Junior Dagar Brothers, the late Ustad N. Faiyazuddin Dagar and the late Ustad Zahiruddin Dagar.

In the 117-page verdict, Justice Prathiba M. Singh held that the Veera Raja Veera 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 judge added.

“In this case, the core of the impugned song Veera Raja Veera is not just inspired but is in fact identical in Swaras (notes), Bhava (Emotion) and Aural impact (impact on the ear) of the suit composition Shiva Stuti, from the point of view of a lay listener. Hence, the Defendant’s composition infringes the Plaintiff’s rights in Shiva Stuti,” the court stated.

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The court directed the defendants to replace the existing credit slide accompanying the song on all OTT and online platforms. The current credit—“Composition based on a Dagarvani Tradition Dhrupad” must be changed to “Composition based on Shiva Stuti by Late Ustad N. Faiyazuddin Dagar and Late Ustad Zahiruddin Dagar

The court clarified that the ?2 crore deposited by the defendants would remain subject to the outcome of the trial. Additionally, the court awarded ?2 lakh as costs to Mr. Dagar, to be paid by Mr. Rahman and other defendants within four weeks.

According to Mr. Dagar, the Shiva Stuti composition was created by his father and uncle, also known as the Junior Dagar Brothers sometime in 1970s.

He claimed that following his father and uncle’s demise in 1989 and 1994, respectively, the copyright passed to him through an oral family settlement among the legal heirs.

Mr. Dagar claimed that the composition was shared with Mr. Rahman without his knowledge or authorisation and was subsequently used in the film’s soundtrack without appropriate credit.

The court also noted that Mr. Rahman, “who has earned global acclaim, initially did not give any recognition to the Plaintiff’s work. When the Plaintiff contacted the Defendant No.1 (Mr Rahman), the acknowledgement was given – albeit reluctantly”.

Source :

https://www.google.com/amp/s/www.thehindu.com/entertainment/movies/ar-rahman-hit-with-court-order-over-veera-raja-veera-song-in-copyright-row-with-classical-sing 

Indian Express 

AR Rahman, Madras Talkies face music in copyright dispute over PS2 song

“...the prayer for acknowledgement, sought for by the Plaintiff, is the minimum that can be granted... , the Junior Dagar brothers are the original authors and composers... court has found that the Defendant’s work is an infringing work,” the court said.

Written by Suanshu Khurana 

The Delhi High Court in an interim order Friday directed music director A R Rahman and two production companies — Madras Talkies and Lyca Productions — to deposit Rs 2 crore in a copyright infringement suit filed by Padma Shri awardee Dhrupad vocalist Ustad Faiyaz Wasifuddin Dagar.

The court held that Rahman’s popular composition ‘Veera Raja Veera’ from the film Ponniyin Selvan: II was musically “identical” to Shiva Stuti, a devotional piece composed and performed by the celebrated Dhrupad exponents, the late Ustad Nasir Faiyazuddin and Ustad Nasir Zahiruddin Dagar (known as Junior Dagar Brothers).

Justice Prathiba M Singh, who was presiding over the matter, directed Rahman, Madras Talkies, and Lyca Productions to deposit `2 crore with the court registry besides `2 lakh to be paid to the petitioner, Wasifuddin, the son of Ustad Nasir Faiyazuddin. The court also directed the film producers to credit the Junior Dagar Brothers on all online platforms.

“…the prayer for acknowledgement, sought for by the Plaintiff, is the minimum that can be granted… , the Junior Dagar brothers are the original authors and composers… court has found that the Defendant’s work is an infringing work,” the court said.

Wasifuddin’s father and uncle passed away in 1989 and 1994, respectively, and their legal heirs agreed that all their original compositions’ copyright stood transferred to him. In 2023, Wasifuddin filed a copyright suit alleging that Rahman’s ‘Veera Raja Veera’ had the exact musical foundation as that of the Dagar brothers’ rendition — a hymn that was a part of their performing career and travelled from temple performances to European concert halls.

Its recording was created in 1978 at the Royal Tropical Institute in Amsterdam as part of the Holland Festival. It was made through magnetic tape audio recording using spools and re-released in 1996 as a set of two CDs by PAN Records. The piece was eventually passed on to several students of the Dagar family, including Wasifuddin, he said.

Wasifuddin claimed the song and its ‘taandav style’ had been completely plagiarised and used without any permission or credit. He also sued the two singers of the song — Arman Dehlvi and Shivam Bhardwaj — who were earlier his disciples. It has also been under contention if the tune travelled from their side.

Wasifuddin’s claim was denied by the lawyers of Madras Talkies, director Mani Ratnam’s production house and producers of films PS1 and PS2. In fact, they also sent a letter alleging that Wasifuddin’s copyright claim was “misconceived”. They indicated that Wasifuddin was on a “fishing expedition” and doing this allegedly “for monetary gains & publicity”. The lawyers of Rahman and the production house said the number is a “traditional composition created by Narayana Panditacharyain in the 13th century”. They also called it an original work… was from within dhrupad… part of public domain.

Wasifuddin said, “It’s an important order… The order is also significant for the Indian classical music fraternity. I was discouraged by many of my colleagues and friends to not take up the fight… But my students said that I must stand up for this.” “It’s not like I don’t appreciate him (Rahman)… But please acknowledge our contribution as well.”

When contacted, a member from Mani Ratnam’s team said that a statement will soon be issued from their side. 

Source :

https://www.google.com/amp/s/indianexpress.com/article/india/ar-rahman-madras-talkies-face-music-in-copyright-dispute-over-ps2-song-9966415/lite/

mint

AR Rahman, Ponniyin Selvan -2 makers to pay 2 Crore

In an interim order passed on April 25, Justice Prathiba M Singh observed that from a listener's perspective, Rahman's song Veera Raja Veera was "not just inspired but is, in fact, identical" to Shiva Stuti.

Acknowledging the contribution of the late Junior Dagar Brothers, the court also ordered the film to include a special credit slide for all OTT and online platforms where the film is available. It also granted ?2 lakh to their family in recognition of their work.

"In the ultimate analysis, therefore, 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 court said.

Son of Faiyazuddin Dagar and nephew of Zahiruddin Dagar, Ustad Faiyaz Wasifuddin Dagar mentioned in their lawsuit that he held the copyright in all original compositions of Junior Dagar Brothers, including Shiv Stuti. He alleged that although Veera Raja Veera contains different lyrics, “its taal, beat, and musical structure are identical” to Shiv Stuti.

“Hence the defendant's composition infringes the complainant's rights in Shiva Stuti. The defendants -- Mr Rahman, Madras Talkies and Lyca Productions -- shall deposit ?2 crore with the court and the same shall be kept in a fixed deposit, subject to the final outcome of the lawsuit,” the HC also said as per a PTI report.

Faiyaz sought a permanent injunction restraining Rahman and Madras Talkies, from using the song, damages, and the acknowledgement of moral rights.

Reportedly, Rahman's counsel argued that Shiv Stuti belonged to the traditional Dhrupad genre, which is part of the public domain. Since its style of singing and composition lacked originality, they said that it could not be protected under copyright

Source :

https://www.google.com/amp/s/www.livemint.com/entertainment/ar-rahman-to-pay-rs-2-crore-for-copyright-infringement-in-veera-raja-veera-delhi-hc/amp-11745665710512.html