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Delhi HC stays order against A R Rahman in 'Ponniyin Selvan 2' case
Delhi HC stays order against A R Rahman in 'Ponniyin Selvan 2' case

Business Standard

time06-05-2025

  • Entertainment
  • Business Standard

Delhi HC stays order against A R Rahman in 'Ponniyin Selvan 2' case

Rahman, Madras Talkies and Lyca Productions were, therefore, ordered to deposit Rs 2 crore with the court to be kept in a fixed deposit subject to the final outcome of the lawsuit Press Trust of India New Delhi The Delhi High Court on Tuesday stayed an interim order in a copyright case against music composer A R Rahman and the makers of the film "Ponniyin Selvan 2" over a musical composition. A bench of Justices C Hari Shankar and Ajay Digpaul, however, directed Rahman and the makers of the film to deposit within 10 days Rs 2 crore with its registry, as directed by the single judge. On April 25, a high court single judge in the interim also ordered for inserting a slide in the film on all OTT and online platforms to give due credit to Junior Dagar Brothers -- Late Ustad N Faiyazuddin Dagar and Late Ustad Zahiruddin Dagar -- for the composition. The division bench stayed this direction too. Rahman's stay application and the appeal challenging the single judge's order was posted on May 23. The single judge awarded Rs 2 lakh costs to the family member of the late artists. In the interim order, the single judge ruled from a listener's point of view, the core of Rehman's song "Veera Raja Veera" in the film was "not just inspired but is, in fact, identical" in notes, emotion and aural impact to the "Shiva Stuti". It was in violation of the rights of the original composers of the musical tribute to Lord Shiva, his order added. 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 "Shiva Stuti", which the defendants had unlawfully infringed upon. "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 single judge held. Rahman, Madras Talkies and Lyca Productions were, therefore, ordered to deposit Rs 2 crore with the court to be kept in a fixed deposit subject to the final outcome of the lawsuit. The plaintiff was found to have a prima facie case for copyright infringement by the defendants and the court observed in the absence of an interim order "irreparable injury would be caused to the creative rights and moral rights of the original composers who are no longer alive". The balance of convenience was therefore held to be in favour of the plaintiff. Rahman's counsel argued "Shiva Stuti" was based on the traditional dhrupad genre which was in the public domain, and since the manner of singing and the composition itself was not original, it was not capable of copyright protection.

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

India Today

time26-04-2025

  • 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.

Delhi HC directs A R Rahman, Ponniyin Selvan 2 makers to deposit ₹2 cr in copyright case
Delhi HC directs A R Rahman, Ponniyin Selvan 2 makers to deposit ₹2 cr in copyright case

Hindustan Times

time26-04-2025

  • Entertainment
  • Hindustan Times

Delhi HC directs A R Rahman, Ponniyin Selvan 2 makers to deposit ₹2 cr in copyright case

New Delhi, The Delhi High Court has directed acclaimed music composer A R Rahman and the makers of the film 'Ponniyin Selvan 2' to deposit ₹2 crore with the court following a copyright lawsuit over Junior Dagar brothers' classical rendition of 'Shiv Stuti'. Justice Prathiba M Singh, in an interim order passed on April 25, ruled that from a listener's point of view, the core of Rehman's song 'Veera Raja Veera' in the film was "not just inspired but is, in fact, identical" in notes, emotion and aural impact to the 'Shiva Stuti'. It was in violation of the rights of the original composers of the musical tribute to Lord Shiva, the judge said. The court directed insertion of a slide in the film on all OTT and online platforms to give due credit to Junior Dagar Brothers Late Ustad N. Faiyazuddin Dagar and Late Ustad Zahiruddin Dagar for the composition, and also awarded ₹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, 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. "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. "Hence the defendant's composition infringes the plaintiff's rights in Shiva Stuti." The defendants 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 clarified. It said the plaintiff had a prima facie case for copyright infringement by the defendants and if an interim order was not passed in his favour, "irreparable injury would be caused to the creative rights and moral rights of the original composers who are no longer alive". "Defendant number 1 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," it said. "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 balance of convenience is thus in favour of the plaintiff as once the movie and song lose their audience by the time the trial is concluded, the plaintiff would have lost any possibility of effective acknowledgement, it said. Rahman's counsel had argued that 'Shiv Stuti' was based on the traditional dhrupad genre which was in the public domain, and since the manner of singing and the composition itself was not original, it was not capable of copyright protection.

Delhi HC finds AR Rahman's ‘Veera Raja Veera', Dagar composition ‘identical'
Delhi HC finds AR Rahman's ‘Veera Raja Veera', Dagar composition ‘identical'

New Indian Express

time26-04-2025

  • Entertainment
  • New Indian Express

Delhi HC finds AR Rahman's ‘Veera Raja Veera', Dagar composition ‘identical'

NEW DELHI: The Delhi High Court on Friday passed an interim order against composer AR Rahman and production house Madras Talkies, over alleged copyright infringement concerning 'Veera Raja Veera', a song from the 2023 Tamil film 'Ponniyin Selvan 2'. The lawsuit was filed in 2023 by Indian classical vocalist and Padma Shri awardee Faiyaz Wasifuddin Dagar alleging that 'Veera Raja Veera' was a copy of 'Shiva Stuti', a composition by his father Nasir Faiyazuddin Dagar and uncle Zahiruddin Dagar, popularly dubbed the Junior Dagar Brothers. In his plea, Dagar sought a permanent injunction to restrain Rahman and the production company from using the song, demanded compensation, and urged court to uphold his family's moral rights by ensuring proper credit. Justice Prathiba M Singh, ruling on the interim appeal, noted that 'Veera Raja Veera' is 'not merely based on or inspired from' 'Shiva Stuti', but in fact 'identical to it with certain changes.' Accordingly, the court directed Rahman and 'Madras Talkies' to deposit Rs 2 crore with the Court Registry while the case is pending. It also imposed cost of Rs 2 lakh on the defendants. The court observed that the Dagar brothers were not initially credited in the film. As a corrective step, it directed that on all OTT and online platforms, the slide depicting the credits in regard to the impugned song, shall be replaced as under 'Composition based on Shiva Stuti by Late Ustad N Faiyazuddin Dagar and Late Ustad Zahiruddin Dagar'. Rahman and Madras Talkies, however, denied any wrongdoin, contending that 'Shiva Stuti' belongs to the Dhrupad tradition of Hindustani classical music and forms a part of the public domain.

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