In a major decision on copyright and Indian classical music, the Delhi High Court has held that musical works based on the same Raga, Taal, or genre can still be considered original compositions if they show independent creativity by the composer.
Justice Prathiba M. Singh delivered this judgment while hearing a case filed by Ustad Faiyaz Wasifuddin Dagar, a prominent Dhrupad vocalist, who accused composer A.R. Rahman and producers of the film Ponniyin Selvan 2 of copying the musical composition Shiva Stuti in their song Veera Raja Veera.
“So long as the composition is original and not a direct copy, it qualifies for copyright protection,” the Court stated.
The Court clarified that the foundational elements of Indian music, like Raga and Taal, being in the public domain, do not invalidate originality in a musical work. Just as countless literary works can be created using the same alphabet and grammar, musical compositions can also emerge uniquely from the same set of Swaras (notes) and within the structure of a Raga.
“Each composition that emerges from the same Raga or Taal is original if it is independently created and not derived from an existing one,” said Justice Singh.
Read also: Medha Patkar Withdraws Plea Against Defamation Conviction in Delhi High Court
In the case, Dagar claimed that Veera Raja Veera was not just inspired by, but nearly identical to his family’s Shiva Stuti composition, originally created in the 1970s by his father and uncle, known as the Junior Dagar Brothers. The suit claimed infringement of both copyright and moral rights, as the original authors were not credited.
The Court examined the notation charts and audio evidence submitted. It noted that although lyrics differed, the core musical composition — including the notes (Swaras), emotional expression (Bhava), and the overall aural impact — was substantially the same.
“The core of the impugned song is identical in musical structure to Shiva Stuti, from the perspective of a lay listener,” the Court observed.
Read also: Delhi High Court to Decide GST Rate on Roof-Mounted AC Units for Railways
The ruling also emphasized the evolution of copyright law in India, highlighting how it now accommodates traditional and classical art forms. It recognized that compositions passed down orally in classical traditions, once fixed through performance or recordings, can still hold copyright protection.
“The copyright in a musical work does not depend on written notation alone but can exist once the work is performed and fixed,” the Court explained.
The Delhi High Court granted interim relief to Dagar, acknowledging that the original work Shiva Stuti deserved recognition. The Court directed that due credit be given to the original authors in all forms of usage of the disputed song.
In conclusion, this judgment protects the creative rights of classical musicians, ensuring their work is recognized even within shared cultural frameworks.
Title: USTAD FAIYAZ WASIFUDDIN DAGAR V/s MR. A.R. RAHMAN & ORS.
