Ustad Faiyaz Wasifuddin Dagar Moves Delhi High Court Alleging Copyright Infringement By AR Rahman, Others

Veteran Indian classical singer Ustad Faiyaz Wasifuddin Dagar has filed a suit in the Delhi High Court 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.”Dagar has sought to restrain Rahman and other producers from using the Shiva Stuti composition in the song claiming that it is the original and one of the first works of his father and uncle which was sung as back as in the 1970s. Dagar has alleged that the Veera Raja Veera song is based on the Shiva Stuti composition and that though the lyrics are different, the song’s taal and beat are identical to the said composition. The matter was heard by Justice Prathiba M Singh today who directed the Oscar awardee to produce the raw recording of the song along with a reply to the notation chart relied upon by Dagar, in order to consider the grant of ad-interim relief. While listing the matter for hearing on November 01, the court also directed the defendants to file their replies, if any, on or before November 01.Advocates Neel Mason and Arjun Harkauli appeared for Dagar.Dagar has claimed that he has been vested with all the rights in the compositions of his father and uncle by way of an arrangement entered into with all the legal heirs. It is also Dagar’s case that the Shiva Stuti composition was composed for the first time in 1970s and was performed in international concerts, including the one held at the Royal Tropical Institute, Amsterdam in 1978. He has further claimed that the composition is also a part of the album which was launched by his predecessors titled as “Shiva Mahadeva” which was sung by Dagar brothers and produced by PAN records. In order to establish the claim of copyright infringement, Dagar’s counsel filed a chart before court comparing the musical notations in the composition as well as the song. The counsel submitted that Dagar learnt about the song in April when it was first released on social media and the television after which he immediately wrote a letter to Rahman bringing it to his notice that the Shiva Stuti composition has been imitated in the song. Since no reply was received, Dagar sent a legal notice to Rahman and other producers. While Rahman did not reply to the legal notice, Madras Talkies replied and stated that the claim for copyright infringement is misconceived as it is a traditional song. Madras Talkies alleged that Dagar was attempting to earn monetarily and claim publicity. The court was informed by the counsel appearing for Madras Talkies and two other producers that they are attempting to arrive at an amicable resolution. The counsel appearing for Tips Industries submitted that no originality can be claimed in the composition and that the mere manner of singing cannot be a subject matter of infringement. After hearing the counsels as well as the two compositions in question, the court said that it was not making any observations on the dispute at this stage. However, Justice Singh perused the definition of “musical work” and observed that there can be infringement of copyright in the musical works even without the words, lyrics and action being different. The counsel appearing for Dagar also pointed out that after the legal notice, certain expression was added in the film to attribute credits with respect to the song. However, it was submitted that in the YouTube video, there was an error in the credit. Accordingly, the court directed that the typographical error in the YouTube video be corrected within 48 hours and shall appear thereafter on the video. Title: USTAD FAIYAZ WASIFUDDIN DAGAR V/s MR. A.R. RAHMAN & ORS.

Ustad Faiyaz Wasifuddin Dagar Moves Delhi High Court Alleging Copyright Infringement By AR Rahman, Others

Nupur Thapliyal

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