Latest news with #ShivStuti
Mint
14-05-2025
- Entertainment
- Mint
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. Also read |Film broadcast rights drop 10% in 2024 amid shift to streaming, piracy issues 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. Also read | YouTube is preferred launch pad for new originals despite streaming services 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. Also read | Malayalam cinema thrives at box office as other regional films falter
India Today
26-04-2025
- Entertainment
- India Today
AR Rahman, Ponniyin Selvan 2 makers face Rs 2 crore fine in copyright case
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 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 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 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 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 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 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 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.
Mint
26-04-2025
- Entertainment
- Mint
AR Rahman to pay ₹2 crore for copyright infringement in Veera Raja Veera: Delhi HC
Music composer AR Rahman and the makers of Ponniyin Selvan 2 have been directed by the Delhi High Court to deposit ₹ 2 crore in connection with a copyright lawsuit over the Junior Dagar brothers' classical rendition of Shiv Stuti. In 2023, singer Faiyaz Wasifuddin Dagar moved court against Rahman and the production company Madras Talkies in the matter. 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.
Mint
26-04-2025
- Entertainment
- Mint
AR Rahman to pay ₹2 crore for copyright infringement in Veera Raja Veera: Delhi HC
Music composer AR Rahman and the makers of Ponniyin Selvan 2 have been directed by the Delhi High Court to deposit ₹ 2 crore in connection with a copyright lawsuit over the Junior Dagar brothers' classical rendition of Shiv Stuti. In 2023, singer Faiyaz Wasifuddin Dagar moved court against Rahman and the production company Madras Talkies in the matter. 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 law. First Published: 26 Apr 2025, 05:08 PM IST
Deccan Herald
26-04-2025
- Entertainment
- Deccan Herald
Delhi HC directs A R Rahman, Ponniyin Selvan 2 makers to deposit Rs 2 cr in copyright case
Ustad Faiyaz Wasifuddin Dagar, the son of Faiyazuddin Dagar and nephew of Zahiruddin Dagar, contended in the lawsuit that he held the copyright in all original compositions of Junior Dagar Brothers, including 'Shiv Stuti', which the defendants had unlawfully infringed.
