AR Rahman, Ponniyin Selvan 2 makers face Rs 2 crore fine in copyright case

India Today

26-04-2025

The Delhi High Court has directed renowned composer A R Rahman and the makers of 'Ponniyin Selvan 2' to deposit Rs 2 crore with the court, following a copyright dispute involving the Junior Dagar Brothers' classical rendition of Shiv Stuti.Justice Prathiba M Singh, in an interim order issued on April 25, found that from a listener's perspective, the essence of Rahman's song 'Veera Raja Veera' was 'not just inspired but is, in fact, identical' in notes, emotion and aural effect to Shiva Stuti.advertisementThe judge stated that this constituted a violation of the rights of the original composers of the devotional piece dedicated to Lord Shiva.
The court also ordered that a slide crediting the Junior Dagar Brothers — Late Ustad N Faiyazuddin Dagar and Late Ustad Zahiruddin Dagar — must be inserted into the film across all OTT and online platforms. Additionally, it awarded Rs 2 lakh as costs to the family member of the late artists.Ustad Faiyaz Wasifuddin Dagar, the son of Faiyazuddin Dagar and nephew of Zahiruddin Dagar, argued in the lawsuit that he holds the copyright to all original compositions of the Junior Dagar Brothers, including Shiv Stuti, and that the defendants had unlawfully infringed upon it."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.advertisementThe court also added, "Hence the defendant's composition infringes the plaintiff's rights in Shiva Stuti."The court clarified that Rahman, Madras Talkies, and Lyca Productions must deposit Rs 2 crore, which would be kept in a fixed deposit pending the final outcome of the case.It further held that the plaintiff had a prima facie case for copyright infringement and that if an interim order was not granted, 'irreparable injury would be caused to the creative rights and moral rights of the original composers who are no longer alive"."Defendant number 1 (Rahman) who has earned global acclaim, initially did not give any recognition to the plaintiff's work. When the plaintiff contacted defendant number 1, the acknowledgement was given albeit reluctantly," the court noted."The defendant numbers 6 and 7 who sang the impugned song are disciples of the plaintiff. These facts demonstrate the intricate link to the Shiva Stuti and Veera Raja Veera musical compositions," the court observed.The court concluded that the balance of convenience lay with the plaintiff, adding that any delay could cause a loss of effective recognition by the time the trial concluded.Rahman's counsel had argued that Shiv Stuti was based on the traditional dhrupad genre, which is part of the public domain, and that neither the style of singing nor the composition was original enough to qualify for copyright protection.