Analysing The Clash Of Tradition And Copyright In The ‘Veera Raja Veera’ Dispute
- IJLLR Journal
- Jun 19
- 1 min read
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.