top of page

Analysing The Clash Of Tradition And Copyright In The ‘Veera Raja Veera’ Dispute




Pranav Parameshwaran, Student at Symbiosis Law School, Hyderabad


INTRODUCTION


The interactions between intellectual property law and classical art traditions creates a legal conundrum, especially prominent in a culturally diverse country like India. The case of Ustad Faiyaz Wasifuddin Dagar vs Mr. A.R. Rahman discusses the extent to which old musical compositions can enjoy copyright protection under the law. Centred around the alleged unauthorized use of the Shiva Stuti, a Dhrupad composition, the case sheds light on how originality, authorship and moral rights operate when art is inherited as opposed to being invented. It also explores the crucial difference between a raga and a composition based on a raga.


BACKGROUND


Stemming from the alleged misuse of the Shiva Stuti, a Drupad composition, in the song ‘Veera Raja Veera’ from the movie Ponniyin Selvan , the plaintiff, Ustad Faiyaz Wasifuddin Dagar, claimed that the composition was composed by his father and uncle, dubbed the Junior Dagar Brothers, in the 1970s, and was first performed publicly in Amsterdam in 1978. A Padma Shri recipient and accomplished vocalist, he claimed joined authorship and moral rights over the work.


After the movie’s release in 2023, the plaintiff argued that two of his disciples had shared the composition with the defendant, A.R. Rahman, without permission. Even though there was some post-release attribution given to the Dagarvani tradition, the plaintiff argued that proper credit was neither initially provided, nor was it consistently applied. This led to a civil suit in the Delhi High Court, following which an interim order was passed, declaring that the song composed by A.R. Rahman infringed the Dhrupad musical composition created by the Junior Dagar Brothers.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page