Can songs derived from classical music compositions infringe Copyright? Delhi High Court answers in AR Rahman case

The Court established that composers working within traditional frameworks can create original, copyrightable works.

Justice Singh elaborated on this concept by drawing a parallel between Saptaswara and English literary works.

“All Classical music compositions are based on the eight Swaras – Sa, Re, Ga, Ma, Pa, Dha, Ni, Sa. Similarly, all English literary works would be based upon the same English alphabet A – Z. Every Raga is based on the principles prescribed for a Raga. Similarly every language is bound by the rules of grammar too.”

Thus, the Court clarified that while no one can claim ownership of a raga itself, the specific creative expression within that framework can be protected, much like how no one owns grammar but authors own their novels.

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