Musical Works Based On Hindustani Classical Music Can Be Original Even Though Belonging To Same Genre, Raga Or Taal: Delhi High Court

In a significant ruling on copyright law and Indian classical music, the Delhi High Court has held 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.

Justice Prathiba M Singh said 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 Copyright Act, 1957.

“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.

Justice Singh passed the ruling in a suit filed by Veteran Indian classical singer Ustad Faiyaz Wasifuddin Dagar alleging copyright infringement of his “Shiva Stuti” composition by music composer A.R. Rahman and other producers in Tamil film Ponniyan Selvan 2 song "Veera Raja Veera.”

Passing the interim injunction order in favour of Dagar, the Court concluded that the suit composition “Shiva Stuti” is an original composition and cannot be deprived of its originality.

Noting that the tryst between Indian classical music and Copyright Law has been a long one, the Court said that the complex issue of claim of copyright over a composition in Hindustani classical music requires an appreciation of the legislative framework.

The Court said that copyright law in India has evolved and adapted to extend protection to traditional creative works including works based on Hindustani classical music.

It concluded 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,” the Court said.

Justice Singh held that recognition of musical works as 'original' would not deprive other composers from composing works in the same genre, same Raga or same Taal.

It was also held that the mere fact that a particular composition belonging to a specific genre on a particular Raga, in a particular tradition, does not mean that the composition cannot be original.

“Innumerable number of literary works can be written based on the same Alphabet and same rules of grammar. Similarly innumerable number of musical compositions can be based on the same Eight Swaras and the principles of a Raga. 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,” the Court said.

It held that prima facie, Dagar established that the Junior Dagar Brothers are the authors of the suit composition Shiva Stuti which is an original composition.

Justice Singh held that the impugned song is not merely based on or inspired from Shiva Stuti but is, in fact, identical to the suit composition with mere change in lyrics.

The Court said that adding of other elements may have rendered the impugned song more like a modern composition but the basic underlying musical work is identical.

“ In this case, the core of the impugned song Veera Raja Veera is not justinspired 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. Hence the Defendant's composition infringes the Plaintiff's rights in Shiva Stuti,” the Court ruled.

Title: USTAD FAIYAZ WASIFUDDIN DAGAR V/s MR. A.R. RAHMAN & ORS.

Citation: 2025 LiveLaw (Del) 473

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