Supreme Court Directs A R Rahman to Honor Dagar Brothers' Legacy in Copyright Dispute
The Supreme Court of India, on Friday, issued a significant directive to renowned music composer A R Rahman, emphasizing the need to show respect and acknowledge the contributions of the Junior Dagar Bandhu to the Dhrupad tradition of Indian classical music. This development arises from an ongoing copyright infringement lawsuit filed by Ustad Faiyaz Wasifuddin Dagar, the heir of the Dagar Brothers.
Background of the Copyright Infringement Case
Ustad Faiyaz Wasifuddin Dagar initiated legal proceedings against A R Rahman, accusing him of copyright infringement. The suit specifically targets the use of the composition 'Shiva Stuti' in Rahman's work 'Veera Raja Veera'. Dagar claims that 'Shiva Stuti' was originally composed by his father, Ustad Faiyazuddin Dagar, and his uncle, Ustad Zahiruddin Dagar, and that he retains copyright over this creation.
The plaintiff has demanded that proper credit be given to the Dagar Brothers whenever the 'Veera Raja Veera' version is played across all platforms, including digital media, internet, OTT services, satellite, and cable television. This request aims to ensure recognition of the original composers in the widespread dissemination of the music.
Legal Proceedings and Interim Directions
Initially, the Delhi High Court, under Justice Pratibha Singh, had ordered that the existing credit line, which read 'Composition based on a Dagarvani Tradition Dhrupad', be replaced with a more specific acknowledgment: 'Composition based on Shiva Stuti by Late Ustad Faiyazuddin Dagar, Late Ustad Zahiruddin Dagar'. Additionally, the court had directed the four defendants, including Rahman, to deposit Rs 2 crore each, pending the outcome of the lawsuit.
However, a division bench of the Delhi High Court later set aside these interim directions, citing that Dagar had failed to establish prima facie proof of authorship or originality of 'Shiva Stuti'. This decision temporarily relieved Rahman and the other defendants from the credit change and financial deposit requirements.
Supreme Court's Intervention and Emphasis on Respect
The case escalated to the Supreme Court, where a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi heard arguments from Rahman's counsel, A M Singhvi. The bench acknowledged that the plaintiff had made a case regarding the originality of the composition, though the issue of authorship would require further examination.
Both justices were unequivocal in highlighting the immense contributions of the Dagar Brothers to Indian classical music. They posed a rhetorical question to Singhvi, asking, "Without their and other exponents' contributions, do you think modern singers would have survived?" This statement underscored the foundational role of classical traditions in contemporary music.
The Supreme Court urged Rahman's counsel to move beyond legal technicalities and extend respect to the Dagar Brothers. The bench emphasized, "instead of going into legal niceties, you could give some respect to them. They're not in commercial competition with you." This directive reflects a broader call for ethical acknowledgment in the arts, beyond mere legal obligations.
Implications for the Music Industry and Cultural Heritage
This case brings to light critical issues surrounding copyright, authorship, and the preservation of cultural heritage in India's music industry. The Dagar Brothers are celebrated figures in the Dhrupad tradition, and their legacy is integral to the evolution of Indian classical music. The Supreme Court's stance highlights the importance of honoring such contributions, even in commercial contexts.
As the legal proceedings continue, the focus remains on balancing intellectual property rights with cultural respect. The outcome could set a precedent for how traditional compositions are credited and protected in modern media, ensuring that the origins of artistic works are duly recognized.
In summary, the Supreme Court's intervention in this copyright dispute serves as a reminder of the deep-rooted connections between contemporary music and classical traditions, urging all parties to prioritize respect and acknowledgment in the pursuit of legal resolutions.
