Musical Works Based On Hindustani Classical Music Belonging To Same Genre, ‘Raga’ & ‘Taal’ Can Be Original Compositions: Delhi High Court
|The Delhi High Court was deciding a Suit filed by Ustad Faiyaz Wasifuddin Dagar, seeking permanent and mandatory injunction for recognition of the copyright in the musical composition ‘Shiva Stuti’.
The Delhi High Court held that musical works based on Hindustani Classical Music, though belonging to the same Genre, ‘Raga’ and ‘Taal’, can be original compositions.
The Court held thus in a Suit filed by Ustad Faiyaz Wasifuddin Dagar, seeking permanent and mandatory injunction for recognition of the copyright in the musical composition ‘Shiva Stuti’ (suit composition) and to restrain the Defendants from utilizing the same as part of sound recording of the song “Veera Raja Veera” without obtaining authorisation and without attribution of moral rights of the original authors/composers of the suit composition.
A Single Bench of Justice Prathiba M. Singh observed, “This Court thus has no hesitation in concluding that musical works based on Hindustani Classical Music, though belonging to the same genre, same Raga and same Taal, can be original compositions and original musical works. The suit composition Shiva Stuti is one such original composition and cannot be deprived of its originality.”
The Bench directed Indian Music Composer A.R. Rahman to pay Rs. 2 Crores to Ustad Dagar with respect to such a musical composition used in the movie “Ponniyin Selvan – 2” (PS-2).
Advocates Neel Mason and Arjun Harkauli appeared for the Plaintiff while Senior Advocates Amit Sibal, P.S. Raman, Advocates Saikrishna Rajagopal, Harsh Kaushik, and Ankit Kothari appeared for the Defendants. Advocate Akshat Agrawal appeared for the Intervenor.
Court’s Observations
Musical works and struggle with Indian Classical Music
The High Court in view of the facts and circumstances of the case, noted, “It is evident from the above discussion that copyright law in India has evolved and adapted to extend protection to traditional creative works including works based on Hindustani classical music. Therefore, there is no doubt that so long as the composition in Hindustani classical music is an original work of the composer, the same would be entitled to protection under the Act. The composer would also be entitled to exercise and claim all rights under the Act, including moral rights, qua the said composition.”
The Court said that a composition in Hindustani classical music would have to follow the structure and rules of a Raga to identify as a composition within the said Raga, however, the various possibilities and choices available to a composer within the structure of a Raga are several in number.
Whether the suit composition is an original musical work entitled to copyright protection?
The Court emphasised that a composition in Hindustani classical music would have to follow the structure and rules of a Raga to identify as a composition within the said Raga, however, the various possibilities and choices available to a composer within the structure of a Raga are several in number.
“There are millions of compositions which are composed, sung and rendered in different Ragas and in different traditions/Gharanas. However, each of the said compositions would be original compositions so long as they are not copied from an existing composition”, it added.
Furthermore, the Court remarked that just because the alphabet is in public domain would not mean literary works such as books, articles, etc. do not have copyright in each of the individual creative works; similarly, every musical composition would also be entitled to copyright.
“… every work or composition which is made in a particular genre or Raga or style follows the basic principles of the said genre or Raga. It cannot, however, be said that due to the fact that they follow a particular discipline, there cannot be any originality in the same”, it further elucidated.
Whether the Junior Dagar Brothers are authors of suit composition?
The Court also held that prima facie the Plaintiff has established that the Junior Dagar Brothers are the authors of the suit composition which is an original composition.
The Court was of the view that the core of the impugned song Veera Raja Veera is not just inspired but is in fact identical in Swaras (notes), Bhava (Emotion) and Aural impact (impact on the ear) of the suit composition Shiva Stuti, from the point of view of a lay listener and hence, the Defendant’s composition infringes the Plaintiff’s rights in Shiva Stuti.
“Thus, the prayer for acknowledgement, sought for by the Plaintiff, is the minimum that can be granted once this Court is of the opinion that the work is original, the Junior Dagar brothers are the original authors and composers and when the Court has found that the Defendant’s work is an infringing work”, it said.
Conclusion
The Court held that the Plaintiff has thus succeeded in prima facie establishing its case for copyright infringement by the Defendants and that the balance of convenience is in favour of the Plaintiff and the Defendants would not suffer any irreparable harm if directions for recognition of the original authors of the suit composition is directed.
The Court enunciated that in order for a musical work to be an infringing work, it is sufficient even if only the music is copied and not the words. It added that in Hindustani Classical music, when a musical composition is composed, the notes may or may not be written and it is the sound of the music or the aural effect of the music that would be the test insofar as Hindustani Classical Music is concerned.
“The musical composition may or may not have identical notes, but the aural effect of the notes could be the same for a lay listener”, it also said.
The Court, therefore, concluded 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 Court further awarded Rs. 2 lakhs to the Plaintiff to be paid by the Defendants within four weeks.
Accordingly, the High Court allowed the Interim Injunction Application and issued necessary directions.
Cause Title- Ustad Faiyaz Wasifuddin Dagar v. A.R. Rahman & Ors. (Neutral Citation: 2025:DHC:2907)