The Delhi High Court in an interim order Friday directed music director A R Rahman and two production companies — Madras Talkies and Lyca Productions — to deposit Rs 2 crore in a copyright infringement suit filed by Padma Shri awardee Dhrupad vocalist Ustad Faiyaz Wasifuddin Dagar.
The court held that Rahman’s popular composition ‘Veera Raja Veera’ from the film Ponniyin Selvan: II was musically “identical” to Shiva Stuti, a devotional piece composed and performed by the celebrated Dhrupad exponents, the late Ustad Nasir Faiyazuddin and Ustad Nasir Zahiruddin Dagar (known as Junior Dagar Brothers).
Justice Prathiba M Singh, who was presiding over the matter, directed Rahman, Madras Talkies, and Lyca Productions to deposit `2 crore with the court registry besides `2 lakh to be paid to the petitioner, Wasifuddin, the son of Ustad Nasir Faiyazuddin. The court also directed the film producers to credit the Junior Dagar Brothers on all online platforms.
“…the prayer for acknowledgement, sought for by the Plaintiff, is the minimum that can be granted… , the Junior Dagar brothers are the original authors and composers… court has found that the Defendant’s work is an infringing work,” the court said.
Wasifuddin’s father and uncle passed away in 1989 and 1994, respectively, and their legal heirs agreed that all their original compositions’ copyright stood transferred to him. In 2023, Wasifuddin filed a copyright suit alleging that Rahman’s ‘Veera Raja Veera’ had the exact musical foundation as that of the Dagar brothers’ rendition — a hymn that was a part of their performing career and travelled from temple performances to European concert halls.
Its recording was created in 1978 at the Royal Tropical Institute in Amsterdam as part of the Holland Festival. It was made through magnetic tape audio recording using spools and re-released in 1996 as a set of two CDs by PAN Records. The piece was eventually passed on to several students of the Dagar family, including Wasifuddin, he said.
Wasifuddin claimed the song and its ‘taandav style’ had been completely plagiarised and used without any permission or credit. He also sued the two singers of the song — Arman Dehlvi and Shivam Bhardwaj — who were earlier his disciples. It has also been under contention if the tune travelled from their side.
Wasifuddin’s claim was denied by the lawyers of Madras Talkies, director Mani Ratnam’s production house and producers of films PS1 and PS2. In fact, they also sent a letter alleging that Wasifuddin’s copyright claim was “misconceived”. They indicated that Wasifuddin was on a “fishing expedition” and doing this allegedly “for monetary gains & publicity”. The lawyers of Rahman and the production house said the number is a “traditional composition created by Narayana Panditacharyain in the 13th century”. They also called it an original work… was from within dhrupad… part of public domain.
Wasifuddin said, “It’s an important order… The order is also significant for the Indian classical music fraternity. I was discouraged by many of my colleagues and friends to not take up the fight… But my students said that I must stand up for this.” “It’s not like I don’t appreciate him (Rahman)… But please acknowledge our contribution as well.”
When contacted, a member from Mani Ratnam’s team said that a statement will soon be issued from their side.