The Delhi High Court has granted substantial relief to acclaimed composer AR Rahman and production entity Madras Talkies.
Justices C Hari Shankar and Om Prakash Shukla were appointed to the division bench. Furthermore, they set aside the earlier verdict by a single-member bench.
The Court clarified that the act of performing or vocalising a musical piece does not suffice to prove authorship or original composition.
The bench remarked that if one were to assume that a performer is the composer, then the very definition of a composer under the Copyright Act would require amendment. A detailed judgment from the court is expected soon.
Single Bench Ruling Set Aside
Justice Pratibha M Singh had, in a previous judgment. Furthermore, the instructed composer AR Rahman and Madras Talkies to amend the credits for the track Veera Raja Veera.
Meanwhile, ensuring that proper acknowledgement was given to the family of classical musicians, Ustad Faiyazuddin and Wasifuddin Dagar.
The directive further required a ₹2 crore deposit to the court’s registry and a ₹2 lakh compensation to the Dagar family.
Ustad Wasifuddin Dagar, recipient of the Padma Shri, claimed the song strongly resembled a Shiva chant first composed by his father and uncle.
The bench observed that the words of Veera Raja Veera are different. Its musical arrangement, beat, and cadence are substantially similar to the original Shiva Stuti.
Furthermore, it was considered a copyright violation.
The court directed that proper credit be displayed on all platforms, including YouTube and OTT services.
Meanwhile, an online slide has been added stating the song is based on the late Dagars’ composition.
Rahman rejected the allegations, insisting that the Shiva Stuti is a traditional Dhrupad composition and part of the public domain.
After the division bench reversed the previous order, Rahman and Madras Talkies have temporarily sidestepped fines and credit adjustments, pending the final judgment.
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