Copyright row: Delhi HC nixes order asking A R Rahman, filmmakers to deposit Rs 2 crore

In a huge relief to music director A R Rahman and the makers of film 'Ponniyin Selvan 2', the Delhi High Court on Wednesday set aside an order directing them to deposit Rs 2 crore in a copyright lawsuit over Junior Dagar brothers' classical rendition of 'Shiv Stuti'.

A Bench of Justices C Hari Shankar and Om Prakash Shukla said the high court single judge "erred" in her order on principle and set aside the ruling.

A detailed order is awaited.

Justice Prathiba M Singh on April 25 ruled that from a listener's point of view, the core of Rahman'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 Rs 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.

Rahman's counsel 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.