14-05-2025
A.R. Rahman case revives a frequent clash. But the remedy is hard to find
The copyright dispute between celebrated composer A. R. Rahman and the Junior Dagar brothers has brought into the spotlight a frequent clash between Indian classical music and mainstream film compositions. It's a subject mired in grey areas, where it's tough to separate inspiration from outright infringement.
Preventive measures involve conducting music rights due diligence, seeking express permissions from custodians of traditional works, and crediting original authors, according to experts. But traditional musicians encounter obstacles such as the absence of formal copyright registration, oral transmission of works, and limited access to legal remedy, often making it more difficult to establish infringement.
'The legal terrain surrounding infringement of classical music by mainstream composers is fraught with questions of originality, authorship, moral rights, and derivative status," said Gaurav Sahay, founder partner, Arthashastra Legal. 'The intersection of traditional knowledge and commercial music requires nuanced judicial consideration."
The Delhi High Court directed Rahman and the makers of Tamil period drama Ponniyin Selvan: Part Two to deposit ₹2 crore in connection with a copyright lawsuit by the Junior Dagar brothers' classical rendition of Shiv Stuti. The Dagar brothers argue that the song is a copy of their rendition of the Shiv Stuti in the Dhurpad genre.
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The Rahman case is not an isolated incident but part of a broader legal and cultural tension between the domains of classical compositions and popular music production, said Sahay. The core legal challenges involve originality versus a derivative work, which requires examination of sufficient creativity, arrangement, and distinct changes in the adaptation to merit protection.
Classical compositions, especially those orally transmitted, often lack formal notations or copyright registrations, making documentation difficult. This makes it hard for the original creators or their heirs to prove ownership or authorship in legal proceedings. Similarly, issues involving moral rights and attribution, wherein, even if a work has entered the public domain, the moral right of attribution can still be invoked by the creator or their heirs on grounds of distortion or use without acknowledgement.
Plagiarism
Mainstream composers such as Anu Malik, Pritam, and Bappi Lahiri have also been accused of plagiarism regarding the copying of western melodies or occasionally from Indian folk or classical origins, said Meghna Mishra, senior partner at Karanjawala & Co.
The basis for complaints frequently relates to the unauthorized use of certain lyrics, compositions and beats that have been recorded or written down, even if they have their origins in traditional forms.
'While the AR Rahman case has brought this issue to the forefront recently, there have been instances where mainstream composers have faced legal scrutiny regarding copyright infringement from classical music," said Anupam Shukla, partner, Pioneer Legal. 'The core contention often revolves around the degree of originality versus derivation."
In the film Kantara, the song Varaha Roopam was deemed to infringe on Kerala band Thaikkudam Bridge's Navarasam. 'The main contention in these cases is proving originality within traditional frameworks and distinguishing between protectable creative elements and unprotectable traditional elements," Shukla said.
A subtle but significant line
In the Indian copyright law, the line between drawing inspiration from a raga and committing infringement is subtle, but significant. While ragas themselves are part of the public domain, original compositions or arrangements based on them can still enjoy copyright protection, said Aishwarya Kaushiq, partner, disputes practice, BTG Advaya. This means that even if a composer bases a song on a traditional raga, the way it is structured, orchestrated, or expressed can be protected.
The courts apply the 'substantial similarity" test to assess whether an allegedly infringing work has copied not just the idea but the expression of the original. This becomes challenging when inspiration blurs into replication, especially in the absence of clear credits or documentation.
To be sure, small segments of a raga-based composition, like an identifiable melodic phrase or hook, may not always be considered copyright infringement. For example, a fleeting phrase incorporated casually into the background score of a movie might not raise issues of ownership. However, if that same segment forms the main hook, climax, or emotional peak of another work, the dynamics change drastically.
'Courts often rely on the lay listener test, wherein they assess whether an average listener perceives substantial similarity between the two works. However, certain cases might demand an expert evaluation, especially in instances where the borrowed segment's uniqueness lies in subtle nuances and microtones, intricate ornamentation, or the way it connects notes within a raga framework. This dual approach sometimes leads to conflicting judgments," said Abhishek Chansoria, principal associate at Saraf and Partners.
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Multiple instances of infringement disputes involving traditional or classical music have been settled. These settlements typically occur due to prominent composers' reputational sensitivity, the economic value of avoiding an injunction, and the general preference within the entertainment industry to resolve disputes quickly to avoid production delays and adverse publicity.
'To avoid the risk of copyright infringement claims, film producers and composers should take proactive legal and creative measures, such as Due Diligence, before releasing a song based on or inspired by classical compositions. Identifying title documentation, wherein producers ensure they obtain clear and written assignments or licenses for any traditional compositions, recordings, or lyrics being adapted," Sahay said.
Derivative works require clearance, wherein the producer must identify the copyright holder and obtain appropriate clearances. Credit attribution, that is, even though no license is required, crediting the source or traditional inspiration can help mitigate claims.
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