Co - authored by Nidhish Mehrotra - Founder & Managing Partner and Shikha Goenka Ginodia - Equity Partner (IBC & Disputes)

Case Overview:

The case involved allegations of copyright infringement where Ustad Faiyaz Wasifuddin Dagar claimed rights over a musical composition "Shiva Stuti" which he alleged was used in AR Rahman's composition in the song "Veera Raja Veera" from the film "Ponniyin Selvan - II". The plaintiff contended that his father and uncle (the Junior Dagar Brothers) were the original composers and sought attribution and compensation.

Key Findings of the Division Bench:

1. Performance vs. Authorship Distinction: The Court established a fundamental principle that evidence of performance does not automatically establish authorship. Merely demonstrating that an artist performed a composition cannot lead to a conclusion that he originally composed it.

2. Burden of Proof: The Court reinforced that the responsibility to prove authorship rests with the plaintiff making such claims. The Division Bench found that this burden was not adequately discharged in the present case.

3. Insufficient Documentation: The Court observed that none of the evidence presented adequately identified the Junior Dagar Brothers as composers - the documnts merely recognized them as performers of the composition.

4. Cultural Context of Indian Classical Music: The judgment acknowledged the traditional framework of Indian classical music where compositions are passed through generations. Granting exclusive ownership rights over what appears to be a cultural work would go against the objectives of copyright law.

Ratio of the Judgment:

The Division Bench emphasized that copyright protection requires clear establishment of authorship.

Under the Copyright Act, the composer is recognized as the author of a musical work, and this status cannot be inferred merely from evidence of performance.

The Court overturned the Single Judge's decision that had directed attribution to the Junior Dagar Brothers and a substantial monetary deposit. The Division Bench found that without establishing authorship as the foundation, no copyright claim could be sustained.

This judgment offers valuable guidance on navigating the intersection between traditional Indian classical music traditions and modern copyright principles, particularly clarifying the important distinction between performers' rights and composers' rights.