Delhi High Court Affirms Originality in Hindustani Classical Music Compositions Amidst Copyright Dispute

In a landmark judgment, the Delhi High Court addressed the intricate relationship between Hindustani classical music and copyright law, emphasizing that compositions rooted in the same raga or taal can still be considered original works deserving protection under the Copyright Act, 1957. This decision arose from a lawsuit filed by veteran Indian classical singer Ustad Faiyaz Wasifuddin Dagar, who alleged that the song "Veera Raja Veera" from the Tamil film Ponniyin Selvan 2, composed by A.R. Rahman, infringed upon his original composition "Shiva Stuti."

Justice Prathiba M. Singh, presiding over the case, acknowledged the complexity of determining originality within the framework of classical music, where compositions often share foundational elements like ragas and taals. The court recognized that while compositions may adhere to the same raga or taal, the individual creativity and expression infused by a composer can render a piece original. Justice Singh stated that as long as a composition is an original creation of the composer, it is entitled to protection under the Copyright Act, including the exercise of moral rights.

The court's analysis delved into the structure of Hindustani classical music, noting that while compositions must follow the rules of a particular raga to be identified within that raga, there exists a vast array of possibilities and choices available to composers within this structure. The court highlighted that millions of compositions have been created, sung, and rendered in various ragas and traditions or gharanas, each possessing its unique originality, provided they are not direct copies of existing works.

In granting an interim injunction in favor of Ustad Dagar, the court concluded that his composition "Shiva Stuti" is an original work and cannot be deprived of its originality merely because another composition shares the same raga or taal. The court emphasized that recognizing a musical work as original does not preclude other composers from creating works within the same genre, raga, or taal, as long as their compositions are independently created and not derivative of existing works.

This ruling underscores the court's acknowledgment of the nuanced nature of originality in classical music and the importance of protecting the creative expressions of artists. It sets a precedent that while classical compositions may share structural elements, the individual creativity and interpretation of composers are paramount in determining originality and eligibility for copyright protection.

The case also sheds light on the broader implications for the music industry, particularly concerning the rights of composers and the use of traditional musical elements in contemporary works. It reinforces the principle that while cultural and musical traditions provide a rich foundation for creativity, the unique contributions of individual artists must be recognized and safeguarded under the law.

In conclusion, the Delhi High Court's decision affirms the originality of compositions in Hindustani classical music, even when they are based on the same raga or taal, provided they are independently created. This judgment not only protects the rights of individual composers like Ustad Dagar but also encourages continued innovation and creativity within the rich tapestry of Indian classical music.