Delhi High Court Stays Interim Order in Favour of Ustad Faiyaz Wasifuddin Dagar in Copyright Infringement Suit Against A.R. Rahman

In a significant development in the ongoing legal battle over alleged copyright infringement, the Delhi High Court has stayed an earlier interim injunction that favored Ustad Faiyaz Wasifuddin Dagar. The dispute centers around the song "Veera Raja Veera" from the Tamil film "Ponniyin Selvan 2," composed by A.R. Rahman, which Dagar claims infringes upon his family's traditional composition "Shiva Stuti."

Ustad Faiyaz Wasifuddin Dagar, a renowned Dhrupad vocalist and descendant of the illustrious Dagar family, filed a suit alleging that "Veera Raja Veera" bears striking similarities to "Shiva Stuti," a composition created by his father and uncle in the 1970s. Dagar asserts that he holds the rights to this composition through arrangements with other legal heirs. He contends that while the lyrics of the two songs differ, the rhythm (taal) and beat are identical, suggesting a direct replication of the original work.

Initially, a single-judge bench of the Delhi High Court found merit in Dagar's claims, noting that "Veera Raja Veera" was not merely inspired by but was identical to "Shiva Stuti" with certain modifications. The court had directed the filmmakers to add credits acknowledging Dagar's father and uncle as the original composers and ordered the defendants to deposit ₹2 crore with the court registry, along with ₹2 lakh in costs to Dagar.

However, upon appeal by A.R. Rahman, a division bench comprising Justice C. Hari Shankar and Justice Ajay Digpaul stayed the interim order. The bench observed that the earlier direction was formal in nature and required Rahman to deposit ₹2 crore with the registry. The matter is now scheduled for further hearing on May 23.

This case underscores the complexities involved in determining the ownership and copyright of traditional and classical compositions, especially when adapted into modern works. The outcome of this legal battle could have far-reaching implications for artists and composers who draw inspiration from traditional music forms.