The Delhi High Court has ruled in favour of Junior Dagar brothers' who claimed that the song Veera Raja Veera' is similar to their song Shiv Stuti. In view of the matter, the makers of PS-2 have been asked to give rightful credit to original creators
AR Rahman
Ace music composer AR Rahman and the makers of Mani Ratnam's Ponniyin Selvan 2 have been directed by the Delhi High Court to deposit Rs 2 crore with the court following a copyright lawsuit over Junior Dagar brothers' classical rendition of 'Shiv Stuti'.
Delhi HC rules against defendants
Justice Prathiba M Singh, in an interim order passed 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.
"In the ultimate analysis, therefore, this court holds that the impugned song is not merely based on or inspired from 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 the impugned song more like a modern composition but the basic underlying musical work is identical," the court held.
"Hence the defendant's composition infringes the plaintiff's rights in Shiva Stuti."
PS-2 makers and AR Rahman to deposit Rs 2 cr
The defendants -- Rahman, Madras Talkies and Lyca Productions -- shall deposit Rs 2 crore with the court and the same shall be kept in a fixed deposit, subject to the final outcome of the lawsuit, the HC clarified.
"The defendant numbers 6 and 7 who sang the impugned song are disciples of the plaintiff. These facts demonstrate the intricate link to the Shiva Stuti and Veera Raja Veera musical compositions," the court observed.
The balance of convenience is thus in favour of the plaintiff as once the movie and song lose their audience by the time the trial is concluded, the plaintiff would have lost any possibility of effective acknowledgement, it said.
Rahman's counsel had 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.
(with inputs from PTI)
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