Delhi High Court rules in favor of Bhaktivedanta Book Trust in ISKCON copyright infringement case

The Delhi High Court has ruled in favor of the Bhaktivedanta Book Trust, which reproduces the writings and speeches of ISKCON founder Srila Prabhupada, in its lawsuit against a website for copyright infringement.

Judge Anish Dayal filed the lawsuit against the website www.friendwithbooks.co, which stocked copies of the copyrighted books with the Trust without any permission.

The lawsuit was filed by the Trust seeking a decree of permanent injunction restraining the website from infringing their copyright under Section 14(a) of the Copyright Act of 1957.

In February 2021, an ex parte ad interim injunction was granted in favor of the Trust restraining the website from engaging in or authorizing the reproduction of the books and works of art to the public.

Later, the defendant’s website stated that it had removed all references and content relating to the books, artwork and sound recordings from all media. The preliminary ruling was therefore declared absolute.

An application was subsequently filed by the Trust for summary judgment.

The court granted the request, noting that the defendant’s website accepted the order and the existence of Srila Prabhupada’s copyright in his works.

“There is also no other compelling reason why the claim should not be dismissed prior to the recording of oral evidence, especially since the trust deed transferring the copyright has been registered in favor of the plaintiff’s Trust and the defendant does not claim to be the owner . assignee or licensee of the said right. Furthermore, the defendant does not dispute that these works communicated to the public were written by Srila Prabhupada,” the court said.

It added that copyright vests in a person by virtue of his sweat and toil and therefore subsists in law under Section 17 of the Copyright Act.

“Once the person is the repository of the right recognized by law, it can only be extinguished for him or her by legal means,” the court said.

It added that the right would only be extinguished in the hands of the renunciant, if the person transfers or gives up the right through a process known to law, and not otherwise.

“A situation may arise where it may be suggested that by submitting oneself to a monastic order, the rules of which have been agreed upon and accepted by conduct, oral expression or in writing, that the right and ownership are deemed to have been transferred in accordance with meets these rules, but even this hypothetical situation requires evidence showing that the renouncer had consented to his property being transferred to a beneficiary in some way or mode. However, in this case, there was a categorical written order from Srila Prabhupada in favor of the plaintiff Trust,” the court noted.

Title: THE BHAKTIVEDANTA BOOK TRUST INDIA v. WWW.FRIENDWITHBOOKS.CO

Click here to read the order