The Copyright Infringement Case of ‘Veera Raja Veera’

In a notable development in the copyright infringement case involving music composer A.R. Rahman and the makers of Ponniyin Selvan 2, the Division Bench of the Delhi High Court has stayed an interim injunction previously passed by a Single Judge.[1] The injunction had directed the filmmakers to credit the Junior Dagar Brothers as composers of the ‘Shiva Stuti’ composition, which the impugned song ‘Veera Raja Veera’ is allegedly based on. The stay means Rahman and the producers are no longer required to include credits on OTT and online platforms, for now.

Brief background

The dispute arises from claims that the impugned song is based on the ‘Shiva Stuti’ composition, written and composed by the Junior Dagar Brothers, namely Late Ustad N. Faiyazuddin Dagar and Late Ustad N. Zahiruddin Dagar, in the 1970s. The plaintiff in CS(COMM) 773/2023, a legal heir from the Dagar family and a Padma Shri awardee, claims rights over the suit composition owing to an oral family settlement.

The suit alleges infringement of both copyright over the suit composition and the moral rights of the Junior Dagar Brothers under the provisions of the Copyright Act, 1957. It seeks either the removal of the infringing portions of the song or, alternatively, the acknowledgement of the Junior Dagar Brothers’ moral rights through proper credits along with monetary deposits in case infringement is found.

Last year, the Court suggested that the main suit be finally decided instead of first adjudicating the application for an interim injunction, considering that the film had already been released. However, the parties were not amenable to the same, opting to continue with the interim proceedings.

Key findings of the Interim Order by the Single Judge Bench

The interim order issued by the Single Judge included several significant observations:

• Originality of the suit composition: The Court held that musical works based on Hindustani classical music, though belonging to the same genre, Raga and Taal, can be original compositions and musical works. It found the suit composition to be one such original composition deserving of protection.

• Authorship of suit composition: In the absence of any contrary evidence from the defendants, the Court accepted that the Junior Dagar Brothers were the authors of the suit composition, based on recordings and performances dating back to 1978.

• Prima facie infringement established: In Hindustani Classical Music, when a musical composition is composed, the notes may or may not be written, and the test hinges on the aural effect. The Court noted that the impugned song, at the beginning, i.e., during the alaap as also when the actual composition/song begins, is so similar to the suit composition to a lay listener, that it prima facie establishes substantial similarity. From the perspective of a lay listener, the core of the impugned song was held to be not just inspired but identical in Swaras (notes), Bhava (Emotion) and Aural impact (impact on the ear) of the suit composition.

Interim relief granted

In its April 25 order, the Single Judge Bench had granted the following reliefs:

• Song credits: In acknowledgement of the Junior Dagar Brothers’ moral rights under Section 57 of the Act, the Court directed that the impugned song on all OTT and online platforms must include a credit stating that the composition is based on ‘Shiva Stuti’ by Late Ustad N. Faiyazuddin Dagar and Late Ustad Zahiruddin Dagar.
• Monetary deposits: Rahman and the film’s producers were ordered to deposit Rs. 2 crore with the Court, to be held in a fixed deposit with the Registrar General, subject to final adjudication.
• Costs: The Court also imposed litigation costs on the defendants.

Stay ordered by the Division Bench

On May 6, the Division Bench stayed the interim injunction, meaning that the makers do not have to give credit to the Junior Dagar Brothers on online platforms. The costs awarded by the Single Judge Bench also need not be paid. However, Rahman and the film’s producers would have to deposit Rs. 2 crore with the Registry, as per the earlier directive.

The matter will be heard next on May 23.

[1] AR Rahman v. Ustad Faiyaz Wasifuddin Dagar & Ors. [FAO(OS) (COMM) 86/2025]