Delhi HC Stays Interim Copyright Order Against A R Rahman, Makers of ‘Ponniyin Selvan 2’

The Delhi High Court on Tuesday stayed a single judge’s interim order directing composer A R Rahman and the producers of the film Ponniyin Selvan 2 to credit late Dhrupad maestros — Ustad N Faiyazuddin Dagar and Ustad Zahiruddin Dagar — for an allegedly copied musical composition in the film.

A division bench comprising Justices C Hari Shankar and Ajay Digpaul, while hearing an appeal filed by Rahman and the film’s production houses Madras Talkies and Lyca Productions, ordered the parties to deposit ₹2 crore with the court registry within ten days, as earlier directed.

The interim order passed on April 25 had directed that an on-screen slide be inserted across all OTT and digital versions of Ponniyin Selvan 2, giving credit to the Junior Dagar Brothers for the composition used in the song Veera Raja Veera. This direction too was stayed by the division bench. The matter will next be heard on May 23.

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The lawsuit was initiated by Ustad Faiyaz Wasifuddin Dagar, son of late Ustad Faiyazuddin Dagar and nephew of Ustad Zahiruddin Dagar, who claimed ownership over the original composition Shiva Stuti, alleging that Rahman’s song in the film unlawfully reproduces their copyrighted work.

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The single judge, in the earlier ruling, had found that the song was not merely inspired by Shiva Stuti but “identical in notes, emotion, and aural impact,” amounting to copyright infringement. The court observed that the song retained the core of the original composition despite changes in lyrics and additional elements.

“From a listener’s point of view, the impugned song is not just inspired but is, in fact, identical,” the judge had remarked, concluding that a prima facie case was made out and that the plaintiff risked irreparable harm to the creative and moral rights of the late composers.

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Rahman’s legal team countered the allegations, contending that Shiva Stuti is based on the traditional Dhrupad genre — a classical form that is in the public domain — and that neither the style of rendition nor the composition qualified for copyright protection due to lack of originality.

Despite the stay, the court has kept the deposit requirement intact, pending final adjudication of the copyright infringement suit.

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