The Delhi High Court recently addressed the issue of “large-scale infringement” involving copyrighted works from the Bhaktivedanta Book Trust, a publisher of books and commentaries on Indian religious philosophy and spiritualism. The case highlighted concerns related to the reproduction of these works on the internet, specifically focusing on the Srimad Bhagavad Gita. This article explores the implications of this case and the copyright protection of religious texts.
Copyright Protection and Religious Texts
Religious scriptures, such as the Old Testament, New Testament, or the King James Version of the Bible, are generally considered public domain works. In copyright law, no exclusive intellectual property rights apply to creative works in the public domain. However, modern translations of religious texts may be copyright-protected as they represent new creative works by the translators.
The situation is similar for other religious texts like the Ramayana and Mahabharata, which are not protected by copyright. Nevertheless, adaptations or transformative works based on these texts, such as television series like Ramanand Sagar’s Ramayana or B. R. Chopra’s Mahabharata, can enjoy copyright protection as they are considered transformative and original creations.
Copyright Law in India
Indian copyright law protects “original work,” defined as a creative and independently created expression fixed in a tangible medium. The law grants exclusive rights to creators and authors to use, reproduce, distribute, perform, and display their work. The law also provides protection for transformative works, which modify, reinterpret, or build upon existing material to create something new and distinct.
The Bhaktivedanta Book Trust Case
The Bhaktivedanta Book Trust claimed that various websites, mobile apps, and Instagram handles were making the trust’s copyrighted works available on their online platforms without permission, constituting copyright infringement. The trust asserted that its founder’s works had simplified religious books and scriptures to make them accessible to the common man.
Delhi High Court’s Decision
In its interim order, the Delhi High Court acknowledged that adaptations of religious scriptures, including explanations, meanings, interpretations, and audiovisual works, are entitled to copyright protection because they represent original works of the authors themselves. The court emphasized that there should be no objection to the reproduction of the text of religious scriptures.
However, the court also noted that copyright would vest in the original parts of literary works that preach, teach, or explain the scripture. Since Srila Prabhupada, the founder, had transferred the copyrights to be administered by the trust, the court determined that the works could not be reproduced without authorization, license, or permission from the trust.
The court found that the defendants had reproduced shlokas (verses) in Prabhupada’s books, along with their translations and interpretations. The court expressed concern that unchecked piracy would lead to an immense loss of revenue for the trust.