A significant legal ruling from the Delhi High Court has established that original compositions inspired by Hindustani classical music can be protected under copyright laws, provided they display sufficient creativity and uniqueness. This ruling, which emerged from a copyright infringement lawsuit filed by Ustad Faiyaz Wasifuddin Dagar against renowned composer AR Rahman, has sparked discussions about the balance between safeguarding traditional music and encouraging creative expression.

Key Highlights of the Delhi High Court Ruling

The Delhi High Court, in an interim order, clarified that while traditional elements like ragas and taals are in the public domain, compositions based on these elements can still be copyrighted if they demonstrate originality and creativity. Justice Prathiba M. Singh emphasized that composers who use traditional frameworks to create unique musical works are entitled to copyright protection under the Copyright Act, 1957.

What the Court Said About Hindustani Classical Music

Justice Singh explained that a composition in Hindustani classical music must follow the structure of a Raga to be classified as a work within that Raga. However, there are numerous creative possibilities available within the Raga framework that can lead to an original composition.

“Composers are free to use ragas, taals, and stylistic traditions as these are part of the public domain,” said the Court. “However, a musical work that creatively arranges notes within a raga can be copyrighted.”

The AR Rahman vs. Ustad Faiyaz Wasifuddin Dagar Case

The copyright infringement case arose when Ustad Faiyaz Wasifuddin Dagar claimed that AR Rahman’s song Veera Raja Veera, from the movie Ponniyin Selvan 2, was inspired by his composition Shiva Stuti, a Dhrupad piece attributed to the Junior Dagar Brothers. Dagar argued that while traditional works like Shiva Stuti are in the public domain, the specific musical arrangement of the piece should be protected.

Court’s Analysis: Identical Elements Between the Compositions

The Court noted that the core of Rahman’s song Veera Raja Veera closely resembled Shiva Stuti in terms of notes, emotion, and auditory impact. Justice Singh emphasized that this similarity went beyond the traditional Raga framework, indicating potential copyright infringement.

The judgment drew an interesting parallel between Hindustani classical music and English literature. Just as authors own the rights to their novels despite using the same alphabet, composers can own the rights to their original musical works, even if they are based on the same Raga.

Copyright Protection for Creative Works in Hindustani Classical Music

What Makes a Composition Unique?

According to the ruling, while ragas themselves are not subject to copyright, the unique arrangement of musical notes within these ragas can be copyrighted. The Court clarified that composers can create original works by selecting, arranging, and expressing musical notes within a Raga framework, making their compositions eligible for copyright protection.

Lay Listener Test: Key to Identifying Infringement

Justice Singh applied the “lay listener test” in evaluating the similarity between the two compositions. Instead of focusing on technical music notation, the Court considered how the songs sounded to an ordinary listener. This approach aligns with the tradition of Indian classical music, where the focus is on the emotional and auditory impact of the music.

The Court’s Final Ruling: Balance Between Recognition and Business Realities

The Delhi High Court also addressed the need for proper recognition and credit for original composers. As a result, Rahman and the producers were ordered to update the credit slide on OTT and online platforms, replacing the generic acknowledgment with a specific credit to Shiva Stuti by Ustad N. Faiyazuddin Dagar and Ustad Zahiruddin Dagar.

Additionally, the defendants were instructed to pay ₹2 lakhs in costs and deposit ₹2 crores in a fixed deposit until the trial’s outcome.

Conclusion: Protecting Creativity in Hindustani Classical Music

This landmark ruling sets a precedent for the protection of original compositions inspired by Hindustani classical music. It highlights the delicate balance between respecting public domain traditions and recognizing the creative efforts of composers. As Indian classical music continues to inspire new works, this ruling ensures that composers can safeguard their unique contributions while allowing others to build upon traditional frameworks.