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The Division Bench of Delhi High Court on Wednesday set aside an interim injunction that had been issued by a single bench against music composer AR Rahman in a copyright infringement suit concerning the song 'Veera Raja Veera' from Mani Ratnam's 2023 film Ponniyin Selvan II.
A Division Bench of Justices C Hari Shankar and Om Prakash Shukla passed the order while hearing Rahman's appeal against a single-judge ruling. "We have allowed the appeal. We have authored concurrent opinions. We have set aside the impugned order by the single-judge on principle," the bench observed. However, the Court clarified that it had not examined the actual question of infringement at this stage. The earlier order had been passed by Justice Prathiba M Singh on a suit filed by classical vocalist and Padma Shri awardee Ustad Faiyaz Wasifuddin Dagar. Dagar alleged that 'Veera Raja Veera' was copied from 'Shiva Stuti', a classical composition created by his father, Ustad Nasir Faiyazuddin Dagar, and uncle, Ustad Zahiruddin Dagar, collectively known as the Junior Dagar Brothers. Justice Singh had observed the two works to be nearly identical, stating that 'Veera Raja Veera' was "not merely based on or inspired by 'Shiva Stuti' but identical... with mere change in lyrics." In his lawsuit, Dagar maintained that he holds the rights to all compositions of his father and uncle, both renowned exponents of the Dhrupad tradition of the Dagar Gharana. He traced 'Shiva Stuti' to the 1970s, highlighting its performance at international venues, including the Royal Tropical Institute in Amsterdam in 1978, and its inclusion in the album Shiva Mahadeva. He argued that Rahman's song was based on this composition and sought credit across platforms, along with an injunction against its use by Rahman, Madras Talkies, Lyca Productions, and Tips Industries. Dagar told the Court that although Rahman had once assured him over a phone call that he would attempt to resolve the issue, no follow-up occurred. The defendants, however, rejected the claims. Madras Talkies termed the allegations "misconceived," insisting that 'Veera Raja Veera' was based on a traditional song, and accused Dagar of seeking publicity and financial gain. Tips Industries also argued that copyright could not be claimed over the "manner of singing" or style of rendition. (ANI)
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