Supreme Court Steps In: A.R. Rahman Ordered to Credit Dagar Legacy in 'Veera Raja Veera'

In a significant intervention blending cultural heritage with modern intellectual property rights, the Supreme Court of India has directed Oscar-winning composer A.R. Rahman to include the names of Ustad M. Faiyazuddin Dagar and his nephew, Ustad Faiyaz Wasifuddin Dagar, in the credits of the blockbuster song "Veera Raja Veera" from the film Ponniyin Selvan 2 . This order comes as the apex court hears an appeal against a Delhi High Court Division Bench decision that had overturned an interim ruling favoring the Dagar family. The dispute centers on allegations of copyright infringement, pitting the rich traditions of Dhrupad music against Rahman's innovative fusion style, and underscores the complexities of protecting traditional compositions in India's evolving entertainment landscape.

Background of the Dispute

The controversy traces its roots to the venerable Dagar family, custodians of the Dagarvani gharana within the ancient Dhrupad genre of Hindustani classical music. Ustad M. Faiyazuddin Dagar and his brother Ustad Zahiruddin Dagar—affectionately known as the Junior Dagar Brothers—were globally acclaimed performers whose rendition of "Shiva Stuti" gained international recognition. Performed worldwide and featured in albums by PAN Records, the composition is celebrated for its intricate taal (rhythm), beat, and musical structure.

Enter A.R. Rahman, the Mozart of Madras, whose "Veera Raja Veera" became an anthem in Mani Ratnam's 2023 epic Ponniyin Selvan 2 . While the lyrics differ, Ustad Faiyaz Wasifuddin Dagar, nephew and heir to the Junior Dagar Brothers, contends that the song's core musical elements mirror "Shiva Stuti" verbatim. "Dagar claimed that the composition of the song was copied from the song Shiva Stuti, composed by his father Nasir Faiyazuddin Dagar and uncle Zahiruddin Dagar," as per court records. This claim ignited a legal battle over authorship, originality, and the boundaries of the public domain in traditional music.

Dhrupad, one of the oldest forms of Indian classical music, often draws from ancient texts and oral traditions, complicating copyright claims. Yet, the Dagars argue their specific recording and interpretation constitute protectable original expression under the Indian Copyright Act, 1957.

The Single-Judge's Interim Victory for Dagar (April 2025)

The saga began in the Delhi High Court, where a single judge, in April 2025, found a prima facie case of copyright infringement. Recognizing the substantial similarity in musical structure despite lyrical differences, the court directed Rahman and the production entities—Lyca Productions and others—to share credits with the late Junior Dagar Brothers.

Further, the judge mandated a deposit of ₹2 crore with the Registrar General of the High Court as security, pending the suit's final disposal. This order reflected key principles of interim relief: a strong prima facie case, balance of convenience favoring the plaintiff, and potential irreparable harm to the Dagar legacy if uncredited. For legal practitioners, this underscored the judiciary's willingness to intervene swiftly in high-profile entertainment IP disputes, especially where cultural patrimony is at stake.

Division Bench Reversal: Public Domain Prevails? (September 2025)

Rahman appealed, and in September 2025, a Division Bench of the Delhi High Court set aside the single-judge order. The bench opined that Dagar had failed to establish sufficient prima facie authorship or originality . It held that "Shiva Stuti" drew from the broader Dhrupad and Dagarvani tradition, rendering it ineligible for exclusive attribution to the Junior Dagar Brothers at the interim stage.

Rahman's defense was robust: " Shiv Stuti is a traditional composition within the Dhrupad genre, part of the public domain ."He further asserted that" Veera Raja Veera is an original work, composed using Western musical fundamentals with 227 distinct layers, far beyond the conventions of Hindustani classical music ." This argument invoked the idea-expression dichotomy—a cornerstone of copyright law—where general ideas (e.g., rhythmic patterns) are not protectable, only specific expressions.

The reversal highlighted the high bar for interim injunctions in IP matters, particularly music, where courts scrutinize substantial similarity against genre conventions.

Supreme Court Intervention: A Pragmatic Resolution

Undeterred, Ustad Faiyaz Wasifuddin Dagar approached the Supreme Court, which, in a recent hearing, partially upheld his plea. The apex court mandated that Rahman display the names of Ustad M. Faiyazuddin Dagar and his nephew in the song's credits. While not conceding full infringement, this directive acknowledges the Dagars' contribution, offering interim recognition without preempting the suit's merits.

The SC's approach exemplifies judicial pragmatism: balancing artistic freedom with cultural equity. It sidesteps a outright public domain declaration, instead fostering credits as a non-adversarial nod to tradition.

Arguments Presented: Tradition vs. Innovation

Dagar's plea emphasized empirical similarity: "while Veera Raja Veera contains different lyrics, its taal, beat and musical structure are identical to Shiva Stuti." Global performances and PAN Records albums bolstered claims of fixation and originality.

Rahman's counter relied on technical sophistication—227 layers blending Western orchestration with Indian elements—arguing transformation beyond mere copying. This mirrors defenses in cases like Tips Industries Ltd. v. Wynk Music (2021), where sampling traditional elements was deemed fair.

Legal Principles at Play

At heart lies Section 13 of the Copyright Act, protecting original literary, dramatic, musical works. But originality under Section 2(y) requires minimal skill/effort, not novelty. Traditional music often resides in the public domain, as affirmed in Eastern Book Company v. D.B. Modak (2008), yet specific arrangements can qualify.

The prima facie case threshold for injunctions, per Wander Ltd. v. Antox India (1990), demands triable issues, irreparable injury, and convenience balance. The single judge found it met; the Division Bench did not, citing genre commonality. SC's credit order innovates, akin to moral rights under Section 57 (attribution).

Music infringement analysis involves "substantial similarity" tests, often expert-led, dissecting motif, harmony, and rhythm—challenges amplified in fusion genres.

Implications for Copyright in Traditional Music

This case reverberates across IP practice. For Bollywood composers, it signals caution: fusion with classical motifs risks crediting demands, potentially spawning more suits. Traditional artistes gain leverage via moral rights, encouraging documentation of performances.

Broader impacts include calls for sui generis protection for folk/classical works, akin to database rights or Indonesia's cultural expression protections. Globally, parallels exist in the US's Bridgeport Music v. Dimension Films (sampling bans) versus fair use allowances.

In India, with rising OTT/streaming, platforms may face secondary liability pressures. Lawyers advising entertainment clients must now audit classical inspirations rigorously.

Potential Future Developments and Reforms

The suit awaits full trial, where forensic audio analysis could prove decisive. SC's order might inspire guidelines from the Intellectual Property Office on traditional knowledge interfaces.

Legislative reform looms: Amending the Copyright Act to clarify public domain thresholds for oral traditions, or establishing a national cultural IP registry, could preempt such disputes. For now, it elevates discourse on India's intangible heritage in the digital age.

Conclusion

The Supreme Court's directive in the Dagar-Rahman tussle is a masterclass in equitable adjudication—honoring legacy without stifling creativity. As legal professionals dissect its ripples, it reminds us: in the symphony of law and music, harmony demands nuanced orchestration. This resolution not only credits the past but tunes future IP battles toward collaborative crescendos.