Central Idea

The recent ruling by the Delhi High Court has brought attention to copyright infringement concerning religious texts, particularly the Bhaktivedanta Book Trust’s works on Indian religious philosophy and spiritualism.
This landmark case addresses copyright protection for sacred texts and the implications for digital platforms.
Let’s explore the details of the case and its broader implications.

Are Religious Texts Copyright-Protected?

Public Domain: Most religious scriptures, such as the Old Testament and New Testament, are in the public domain. Copyright law does not apply to works in the public domain.
Exceptions: Modern translations of religious texts, like the New International Version (NIV) of the Bible, may enjoy copyright protection as they represent new creative works by translators.
Protections: Additionally, transformative works, like television adaptations of epics like the Ramayana and Mahabharata, are protected.

Scope of Protection: The Indian Copyright Act of 1957 safeguards “original work,” creative expressions independently created and fixed in a tangible medium.
Exclusive Rights: It grants exclusive rights to creators/authors, including the right to use, reproduce, distribute, perform, and display their work.
Transformative Works: The Act also protects transformative works, which creatively modify, reinterpret, or build upon existing material to create something distinct.

Literary, Dramatic, Musical, Artistic Works	Lifetime of the author plus 60 years from the year following the author’s death or last surviving author’s death.
Cinematographic Films	60 years from the year of publication or creation.
Sound Recordings	60 years from the year of first publication.
Anonymous or Pseudonymous Works	60 years from the year of publication, or lifetime of the author plus 60 years if the author’s identity is disclosed during this period.

Founder’s Works: The trust claimed copyright ownership of its founder’s works, which had simplified religious books and scriptures, making them accessible to the common man.
Infringement Allegation: The trust alleged that various websites, mobile apps, and Instagram handles were reproducing a significant number of its copyrighted works almost verbatim on their online platforms without authorization, constituting infringement.

Copyright Protection: The court ruled that adaptations of sacred scriptures, including explanations, meanings, interpretations, and audio-visual works, are entitled to copyright protection because they represent original works by authors themselves.
Reproduction Clarification: While the reproduction of the actual text of sacred texts, such as the Srimad Bhagavad Gita, is permissible, the court emphasized that copyright protection applies to the original parts of literary works that preach, teach, or explain the scripture.
Trust’s Rights: Given that Srila Prabhupada had entrusted the copyrights to be administered by the Bhaktivedanta Book Trust, the court emphasized that the works cannot be reproduced without the trust’s authorization, license, or permission.
Preventing Piracy: The court acknowledged that unauthorized reproduction, including shlokas (verses), translations, and interpretations, by defendant entities would result in immense revenue loss for the trust.

The Delhi High Court’s ruling on copyright protection for religious texts has far-reaching implications for safeguarding the originality and rights associated with sacred scriptures.
While religious texts themselves may not be copyright-protected, creative adaptations, explanations, and interpretations enjoy legal protection.
This decision serves as a precedent for preserving the intellectual property rights of organizations involved in disseminating spiritual knowledge while discouraging unauthorized reproduction and piracy.