Overview
- Justices C Hari Shankar and Om Prakash Shukla allowed Rahman’s appeal, overturning Justice Prathiba M Singh’s April 25 interim ruling.
- The reversal lifts directions to change song credits and to deposit Rs 2 crore and pay Rs 2 lakh that had been imposed at the interim stage.
- The bench clarified it was not deciding whether infringement occurred and said a detailed written judgment will follow.
- The judges said presuming composers from performers was an error that would effectively rewrite the Copyright Act’s definition of “composer.”
- Ustad Faiyaz Wasifuddin Dagar alleges the PS-2 song copies the Dagar family’s ‘Shiva Stuti,’ a claim the defendants contest as rooted in tradition and performance style rather than protectable authorship.