Copyright case: HC stays order against A R Rahman, 'Ponniyin Selvan 2' team
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New Delhi: The Delhi High Court on Tuesday stayed an interim order issued in a copyright infringement case against music composer A R Rahman and the makers of the film 'Ponniyin Selvan 2' regarding the use of a musical composition.
A division bench comprising Justices C Hari Shankar and Ajay Digpaul put the interim order passed by a single judge on hold, while also directing Rahman and the film's producers to deposit ₹2 crore with the court registry within ten days, in accordance with the earlier ruling.
The dispute centres on the song 'Veera Raja Veera' from the film, which, according to the April 25 order by a single judge, was found to be "not just inspired but, in fact, identical" in musical notes, emotional tone, and aural impression to the composition 'Shiva Stuti'. The court noted that from a listener’s perspective, the essence of Rahman’s song appeared indistinguishable from the original piece.
The single judge had ordered the insertion of a credit slide in the film on all OTT and online platforms, acknowledging the Junior Dagar Brothers — Late Ustad N Faiyazuddin Dagar and Late Ustad Zahiruddin Dagar — as the original composers. However, this directive has also been stayed by the division bench.
Ustad Faiyaz Wasifuddin Dagar, son of Faiyazuddin Dagar and nephew of Zahiruddin Dagar, filed the suit, claiming ownership of the copyright in all original compositions of the Junior Dagar Brothers, including 'Shiva Stuti'. He alleged that the defendants had unlawfully used the composition without proper attribution or permission.
In its interim order, the single judge observed that while Rahman’s composition may have incorporated modern elements and altered lyrics, the core musical structure remained the same as the original 'Shiva Stuti'. The judge held that the impugned song did not merely draw inspiration but replicated the foundational musical work.
Accordingly, Rahman, along with Madras Talkies and Lyca Productions, had been directed to deposit ₹2 crore with the court, to be maintained in a fixed deposit pending the final outcome of the case. The court also awarded ₹2 lakh as costs to a family member of the late Dagar artists.
The judge further concluded that the plaintiff had a prima facie case of copyright infringement and held that the absence of an interim order would result in irreparable harm to the creative and moral rights of the original composers, who are no longer alive. The balance of convenience, therefore, was seen to lie in favour of the plaintiff.
Rahman’s counsel argued that 'Shiva Stuti' was rooted in the traditional 'dhrupad' genre, which is in the public domain, and that the style and structure of the composition lacked the originality required for copyright protection.
The appeal against the single judge’s order, along with Rahman’s stay application, has been listed for hearing on May 23.
With PTI inputs
