In this case regarding infringement of musical composition, the Delhi High Court held that the two musical compositions are identical with a mere change of lyrics. The Plaintiff’s musical composition titled ‘Shiva Stuti’ was originally created by the Plaintiff’s father and uncle, also known as the ‘Junior Dagar Brothers’ in the 1970s. The Plaintiff came across the song titled ‘Veera Raja Veera’ in the movie, Ponniyan Selvam 2, which was identical to the Plaintiff’s musical composition. Upon receiving no response from the Defendants in regard to these allegations, the Plaintiff filed a suit against them.
The Court held that in musical works, the determination of infringement need not be from the point of view of an expert listener but a lay listener who listens to music. In this matter, the Court also observed that the musical work consisted of elements that make the song seem like a modern rendition of the original work but the basic underlying musical work is identical. Applying the test of a ‘lay listener’, the Court held that the two compositions are identical. Consequently, the Court ruled in favor of the Plaintiff, holding that the Defendants’ musical work was not a mere inspiration but a direct copy of the original composition. The Court directed the Defendants’ to provide appropriate credit to the original composers, deposit INR 2 crores, and pay INR 2 lakhs in legal costs to the Plaintiff.
Source: Ustad F.W. Dagar v. A.R. Rahman & Ors. [(CS(COMM) 773/2023)]