Delhi HC stays order against A R Rahman in 'Ponniyin Selvan 2' case

The Delhi High Court on Tuesday stayed an interim order in a copyright case against music composer A R Rahman and the makers of the film "Ponniyin Selvan 2" over a musical composition.

A bench of Justices C Hari Shankar and Ajay Digpaul, however, directed Rahman and the makers of the film to deposit within 10 days Rs 2 crore with its registry, as directed by the single judge.

On April 25, a high court single judge in the interim also ordered for inserting 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.

The division bench stayed this direction too.

Rahman's stay application and the appeal challenging the single judge's order was posted on May 23.

The single judge awarded Rs 2 lakh costs to the family member of the late artists.

In the interim order, the single judge ruled from a listener's point of view, the core of Rehman'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, his order added.

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 "Shiva Stuti", which the defendants had unlawfully infringed upon.

"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 single judge held.

Rahman, Madras Talkies and Lyca Productions were, therefore, ordered to deposit Rs 2 crore with the court to be kept in a fixed deposit subject to the final outcome of the lawsuit.

The plaintiff was found to have a prima facie case for copyright infringement by the defendants and the court observed in the absence of an interim order "irreparable injury would be caused to the creative rights and moral rights of the original composers who are no longer alive".

The balance of convenience was therefore held to be in favour of the plaintiff.

Rahman's counsel argued "Shiva 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.