In a landmark ruling, the Delhi High Court has clarified that musical works based on Hindustani Classical music can still be considered original, even if they belong to the same genre, Raga, or Taal. Justice Prathiba M. Singh emphasized that as long as a composition is an original creation of the composer, it deserves full protection under the Copyright Act, 1957.
Quoting the judgment:
“The composer would also be entitled to exercise and claim all rights under the Act, including moral rights, qua the said composition.”
The case stemmed from a lawsuit filed by veteran classical singer Ustad Faiyaz Wasifuddin Dagar. He alleged that composer A.R. Rahman and others infringed his copyright by using his original composition "Shiva Stuti" in the song "Veera Raja Veera" from the Tamil film Ponniyin Selvan 2.
The Court, after careful analysis, concluded that the "Shiva Stuti" is indeed an original composition. Justice Singh noted that even within the structure of a Raga, composers have countless creative choices, resulting in millions of distinct compositions.
In her words:
"There are millions of compositions composed, sung, and rendered in different Ragas and traditions. Each composition remains original so long as it is not a copy of an existing one."
The Court highlighted that using the same alphabet in literature does not strip individual works of originality; similarly, sharing the same Eight Swaras or Raga principles does not affect the copyright of a musical work.
Justice Singh further stated:
“Innumerable musical compositions can be based on the same Swaras and Raga principles. Every musical composition would be entitled to copyright protection.”
In this case, the Court found that the song "Veera Raja Veera" was not merely inspired by "Shiva Stuti" but was identical in terms of Swaras (notes), Bhava (emotion), and Aural impact (how it sounds to a lay listener), with only minor lyrical changes.
Highlighting the infringement, the Court observed:
"The core of the impugned song is not just inspired but is identical to the suit composition from the viewpoint of a lay listener."
Thus, the Delhi High Court ruled that Dagar successfully established his authorship over the "Shiva Stuti" composition. The interim injunction was granted in his favor, recognizing his copyright and moral rights over the original musical work.
Title: USTAD FAIYAZ WASIFUDDIN DAGAR V/s MR. A.R. RAHMAN & ORS.
