Delhi High Court Decides In Favor Of Bhaktivedanta Book Trust In ISKCON Copyright Infringement Case

Delhi High Court Decides In Favor Of Bhaktivedanta Book Trust In ISKCON Copyright Infringement Case

The Delhi High Court has sided with Bhaktivedanta Book Trust in its lawsuit against a website for copyright infringement concerning the writings and speeches of ISKCON founder Srila Prabhupada.

Justice Anish Dayal granted a decree in favor of the plaintiff against the website www.friendwithbooks.co, which was hosting copies of the books owned by the trust without authorization.

The Trust filed the suit seeking a permanent injunction decree against the website to prevent copyright infringement under Section 14(a) of the Copyright Act.

In February 2021, an ex parte ad interim injunction was granted in favor of the Trust, restraining the website from reproducing the books and artworks for the public or authorizing such reproduction.

Subsequently, the defendant website declared that it had removed all references and content pertaining to the books, artworks, and sound recordings from all platforms. Consequently, the interim order was confirmed.

The trust then submitted an application seeking summary judgment.

Granting the application, the court acknowledged that the defendant website conceded to the injunction and recognized the copyright ownership of Srila Prabhupada's works.

“There is also no other compelling reason why the claim should not be disposed of before recording oral evidence, especially since the trust deed by which copyright was assigned in favor of the plaintiff's trust is registered and the defendant does not claim to be either the owner, assignee, or licensee of the said right. Moreover, the defendant does not dispute that these works being communicated to the public are authored by Srila Prabhupada,” the court said.

The court emphasized that copyright is inherent in an individual by virtue of their effort and dedication, as outlined in Section 17 of the Copyright Act.

The court further clarified that the relinquishment or transfer of copyright rights can only occur through a legally recognized process and not otherwise, even in the case of a renunciate.

The court noted that while there could be scenarios where the act of joining a monastic order might imply the transfer of rights according to its rules, such cases would still require evidence to establish that the renunciate consented to the transfer of property. However, in this instance, there was a clear written assignment by Srila Prabhupada in favor of the plaintiff trust.