NEW DELHI: Delhi HC issued an interim order Friday directing Oscar-winning composer A R Rahman and a production house to deposit Rs 2 crore after it found that a song in a Tamil movie was "not just inspired but is identical" to Shiva Stuti - a landmark rendition composed by renowned classical singers, Junior Dagar brothers.
Justice Prathiba M Singh directed Rahman and Madras Talkies to add credits for the late Dagar brothers in song Veera Raja Veera in movie Ponniyin Selvan 2 on online platforms and pay his kin Rs 2 lakh as costs.
The order came on a suit by Ustad Faiyaz Wasifuddin Dagar, whose father Nasir Faiyazuddin Dagar, and uncle N Zahiruddin Dagar were the song's original composers. Faiyaz alleged copyright infringement by Rahman and the production house.
"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 impugned song more like a modern composition, but the basic underlying musical work is identical," Justice Singh said.
HC pointed out that Rahman, who "has earned global acclaim", initially did not give recognition to Dagars' work. When Faiyaz contacted Rahman, acknowledgement was given, albeit reluctantly. "Further correspondence ensued but there was no resolution," HC said. It noted these facts "demonstrate intricate link to Shiva Stuti and Veera Raja Veera musical compositions".
Passing the interim order against Rahman and the production house, HC held that the balance of convenience was in favour of petitioner Faiyaz. It underlined that Hindustani classical music, too, was protected under Copyright Act if it was the composer's original work.
Justice Prathiba M Singh directed Rahman and Madras Talkies to add credits for the late Dagar brothers in song Veera Raja Veera in movie Ponniyin Selvan 2 on online platforms and pay his kin Rs 2 lakh as costs.
The order came on a suit by Ustad Faiyaz Wasifuddin Dagar, whose father Nasir Faiyazuddin Dagar, and uncle N Zahiruddin Dagar were the song's original composers. Faiyaz alleged copyright infringement by Rahman and the production house.
"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 impugned song more like a modern composition, but the basic underlying musical work is identical," Justice Singh said.
HC pointed out that Rahman, who "has earned global acclaim", initially did not give recognition to Dagars' work. When Faiyaz contacted Rahman, acknowledgement was given, albeit reluctantly. "Further correspondence ensued but there was no resolution," HC said. It noted these facts "demonstrate intricate link to Shiva Stuti and Veera Raja Veera musical compositions".
Passing the interim order against Rahman and the production house, HC held that the balance of convenience was in favour of petitioner Faiyaz. It underlined that Hindustani classical music, too, was protected under Copyright Act if it was the composer's original work.
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