Full Text
HIGH COURT OF DELHI
Date of Decision: 21st September, 2023
THE BHAKTIVEDANTA BOOK TRUST, INDIA ..... Plaintiff
Through: Mr. Saikrishna Rajagopal, Ms. Deepshikha Sarkar and Ms. Bhanu, Advocates (M: 9250338066).
Through: Mr. Debarshi Dutta, Mr. Mrinal Ojha, Mr. Anand Raja, Mr. Tanya Chaudhry and Mr. Shivam Tiwari
Advs. for D-17 (M: 9990952258).
JUDGMENT
1. This hearing has been done through hybrid mode. I.A. 18428/2023 (for exemption)
2. This is an application filed by the Plaintiffs seeking exemption from filing originals/cleared/certified/translated copies of documents with proper margins, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.
3. Exemption is allowed, subject to all just exceptions. Accordingly, this application is disposed of. I.A. 18426/2023 (u/S 12A of the Commercial Courts Act)
4. This is an application filed by the Plaintiffs seeking exemption instituting pre-litigation mediation. In view of the orders passed in Chandra CS(COMM) 657/2023 Kishore Chaurasia v. R A Perfumery Works Private Ltd, 2022/DHC/004454, this application is allowed and disposed of. I.A. 18429/2023 (Seeking leave to file and place on record USB)
5. This is an application seeking leave to file and place on record USB containing infringing works and Plaintiff’s works. USB is permitted to filed. The same is taken on record.
6. Let the files in the USB be scanned with the electronic record of this Court.
7. The application is disposed of. I.A. 18427/2023 (u/S 80 of CPC)
8. This is an application filed by the Plaintiffs, seeking exemption from serving notice to Defendant No. 27 - Department of Telecommunications (DoT) and Defendant No. 28 - the Ministry of Electronics and Information Technology (MeitY) under Section 80 of the CPC.
9. In view of the reasons stated in the application exemption is allowed. However, Mr. Harish V. Shankar, ld. CGSC has been requested to accept notice.
10. Accordingly, this application is allowed and disposed of. I.A. 18431/2023
11. This is an application seeking permission to allow the Plaintiff to refer and rely upon the scanned copies of the books, audio book and infringing artworks contained in the Google Drive link during the course of hearing.
12. In view of the reasons stated in the application, the same is allowed.
13. Accordingly, this application is allowed and disposed of. I.A. 18430/2023 (place on record original books)
14. This is an application seeking leave to place on record the originals of CS(COMM) 657/2023 the books published by the Plaintiff. The same is allowed.
15. Accordingly, this application is allowed and disposed of. CS (COMM) 657/2023
16. Let the plaint be registered as a suit.
17. Issue notices to the Defendants through all modes upon filing of Process Fee.
18. Mr. Harish V. Shankar, ld. CGSC accepts notice on behalf of DOT and MeitY.
19. The summons to the Defendants shall indicate that the written statement to the plaint shall be positively filed within 30 days from date of receipt of summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiffs, without which the written statement shall not be taken on record.
20. Liberty is given to the Plaintiffs to file a replication within 15 days of the receipt of the written statement(s). Along with the replication, if any, filed by the Plaintiffs, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiffs, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
21. List before the Joint Registrar for marking of exhibits on 17th November, 2023. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
22. List before Court on 12th March, 2024. I.A.18425/2023 (u/O XXXIX Rules 1 & 2 CPC) in CS(COMM) 657/2023
23. The present suit has been filed seeking permanent injunction, restraining infringement of copyrights, damages, rendition of accounts of CS(COMM) 657/2023 profit, costs, etc.
24. The Plaintiff - Bhaktivedanta Book Trust is a trust established by His Divine Grace A.C. Bhaktivedanta Swami Prabhupada, ‘Srila Prabhupada’ (hereinafter, ‘Author’). The Author was a renowned scholar, philosopher, cultural ambassador, prolific author, religious leader, spiritual teacher, a social critic and is revered by his devotees as a Guru. He is also credited with the establishment of the International Society for Krishna Consciousness (ISKCON).
25. The Author spread the message from various Hindu scriptures including from the Shri Bhagavad Gita, in India and in several foreign countries. Publications written by the Author include various lectures and published books which are read by devotees and those who are interested in his teachings, in a large number of languages including English, Hindi, Tamil, Telugu, Assamese and other regional languages, as also foreign languages such as French, German and Russian etc., It is averred that some of the Author’s works have simplified the religious books and scriptures and have made it easy for the common man to understand. The copyright in all the works which have been based on the Authors teachings, writings, lectures and preaching vests with the Plaintiff -Trust.
26. The Author attained Mahasamadhi in 1977 and, accordingly, the Plaintiff -Trust claims the copyrights in all the works written by the said Author still subsists with it. A complete list of works in which copyright is claimed is attached as Annexure - A to this order.
27. The Plaintiff Trust also has numerous copyright registrations granted by the Copyright Office, for its works. The list of copyright registrations of the Plaintiff is attached as Annexure - B to this order. CS(COMM) 657/2023
28. The Plaintiff-Trust has during the lifetime of the Author and after the Mahasamadhi of the Author, spread the said writings and teachings in various forms including printed books, audio books and electronic versions. The Plaintiff-Trust has made the said works available to the general public through its various religious establishments and through online platforms. These works being original copyrighted works, the Plaintiff-Trust earns the royalty from the sale and commercial exploitation of the said works.
29. In the present case, the grievance of the Plaintiff – Trust is that Defendant Nos. 1 to 4 are websites which are making available a large number of the Plaintiff’s copyrighted works almost in a verbatim manner on their online platforms. The said websites are as under: i) https://bhagavatam.in/#gsc.tab=O Emai ID: info@bhagavatam.in ii) http://fr33books.xyz/# iii) https://shrbooks.online iv) http;//www.kisnabooks.pro
30. Defendant Nos. 5 to 9 are mobile applications which are making available the Plaintiff’s copyrighted works to the public without the consent and permission of the Plaintiff-Trust. The said apps are as under: i) Shrimad Bhagwatam Reasola ii) Bhagavad Gita Audio Offline English iii) Bhagavad Gita Audio Offline Hindi iv) My BVL One World One Family Spiritual Society, Inc. v) Bhagavad Gita in Hindi Audio
31. The Defendant Nos. 10 to 14 are Instagram handles where the copyrighted works are being uploaded and communicated to the public CS(COMM) 657/2023 through various links.
32. Defendant No.15 - Google LLC, is a search engine which is making available the infringing mobile applications on its Google play store. Defendant No.16 – Meta Platforms Inc., is a social media platform which runs the Instagram platforms where the infringing Instagram handles are making available the infringing copies of the copyrighted works.
33. Defendant No.17 - Godday.com is the Domain Name Registrar (DNR), of Defendant No.1 domain name i.e. Bhagawatam.in. The Defendant Nos.18 to 26 are ISPs. Defendant Nos.27 and 28 are DoT and MeitY.
34. Mr. Saikrishna Rajagopala, ld. Counsel appearing for the Plaintiff submits that the Plaintiff - Trust is engaged in a large number of charitable activities in India and one of the main sources of income for the Trust is the royalties which are earned from the aforementioned copyrighted works. Further, the Plaintiff – Trust also runs a number of spiritual establishments including in India and abroad and thus, ought not to be deprived of the revenues from the sale and distribution of these works to the public.
35. He further submits that none of the Defendant Nos.[1] to 14 have any license or right to reproduce, communicate and disseminate the copyrighted works of the Author as the Plaintiff is the owner of the copyrights in the said works. He submits that the reproduction by the said Defendants being completely brazen and clear, deserves to be injuncted.
36. The deception is not merely by making the books available, but by actually using the Plaintiff’s name as the source of the book. ld. Counsel shows some of the infringing copies of the Copyrighted works which bear the name of the Plaintiff itself. The same are as under: CS(COMM) 657/2023 CS(COMM) 657/2023
37. The Court has perused the record and has also seen the extracts from the infringing websites, mobile applications, Instagram handles, etc. Some of the platforms in fact reveal that there is a large-scale infringement that has been carried out in the reproduction of a substantial number of copyrighted works of the Plaintiff - Trust. It is noticed that piracy has been done in several of the languages in which the Plaintiff’s works are published.
38. Legal notices have also been issued on behalf of the Plaintiff. Defendant No.1. has in fact reverted and replied to one such legal notice. The said reply is as under:
39. In the present case, since the Author himself set up the Plaintiff Trust and handed over the copyrights to be administered by the trust, the said copyrighted works cannot be reproduced without authorization, licence or the permission of the Plaintiff-Trust.
40. The rights of the plaintiff in the copyrighted works have also been CS(COMM) 657/2023 protected by the Hon’ble Bombay High Court in Bhaktivedanta Book Trust vs. Thomson Press (India) Ltd. and Ors. MANU/MH/0194/2017.
41. There can be no doubt that the Shrimad Bhagavad Gita is one of the most revered ancient scriptures in the world. The Bhagavad Gita along with the other scriptures like Bhagavatam which are written about by the Author are all `public domain’ works. There can be no copyright claimed in the Scriptures. However, any adaptations of the said work including providing explanation, summary, meaning, exegesis/interpretation or creating any audio visual works for eg., television series like Ramanand Sagar’s Ramayana or B.R. Chopra’s Mahabharata; dramatic works created by drama societies based on scriptures etc., being transformative works, would be entitled to copyright protection - being original works of the Authors themselves. Thus, there can be no objection in the actual reproduction of the text of Shrimad Bhagavad Gita or similarly other spiritual books. However, the manner in which the same is interpreted by different gurus and spiritual teachers being varied in nature, copyright would vest in respect of the original parts of the literary works which preach, teach or explain the scripture.
42. A perusal of the record would show that the books being made available by the Defendants 1 to 14 are complete reproductions of the works of the Plaintiff, which were authored by Bhaktivedanta Swami Prabhupada, ‘Srila Prabhupada’. These are not mere reproductions of the original scriptures as it is, i.e., the shlokas but their अनुवाद (Anuvaad) and तात्पर्य (Tatparya), summary, introduction, preface, cover etc., have all been reproduced. Some of the images showing the extent of piracy by the CS(COMM) 657/2023 Defendants are extracted below: CS(COMM) 657/2023
43. Such piracy of the copyrighted works of the Plaintiff-Trust cannot be permitted. If such piracy goes unchecked, the copyright in the said works would be considerably diluted leading to immense loss of revenues to the CS(COMM) 657/2023 Plaintiff - Trust.
44. Under these circumstances, this Court is of the opinion that the Plaintiff has made out a prima facie case for grant of an ex parte ad interim injunction. The balance of convenience lies in favour of the Plaintiff and irreparable injury would be caused to the Plaintiff if the interim injunction is not granted.
45. Accordingly, the following directions are issue: i) Defendant Nos.[1] to 14 shall stand restrained in any manner from printing, reproducing, communicating, disseminating any part of the Plaintiff’s works as contained in Annexure – A, to the public either in print form or in audio-visual form or in electronic form including through websites, mobile applications, weblinks, Instagram posts or any other posts on the social media as would result in the infringement of Plaintiff’s copyright. ii) The Defendant Nos.15 and 16 shall take down the infringing mobile applications from their respective platforms. For the said purpose, the links may be communicated to the Defendant Nos. 15 and 16. iii) Insofar as the Defendant No.17 - Godaddy.com LLC is concerned, the said DNR shall immediately block and suspend the domain name/website ‘www.bhagavatam.in’. iv) In addition, Defendant Nos.15 to 17 shall communicate to the Plaintiff the details of the persons/individuals/entities who may be running these accounts/mobile applications/websites including the details relating to credit card payments, phone CS(COMM) 657/2023 number, e-mail addresses, postal addresses, if any. v) Defendant No.18 to 26 are directed to block access to the above mentioned infringing websites/other platforms. vi) Defendant Nos.27 and 28 are directed to issue blocking orders in respect of all the infringing links/URLs/websites.
46. The original books produced by the ld. Counsel for the Plaintiff shall be placed in a trunk and be preserved in the Registry of this Court.
47. Compliance of Order XXXIX Rule 3 is permitted to be carried out within one week through e-mail to all the Defendants.
48. A copy of this order be communicated to Mr. Harish V. Shankar, ld. CGSC.
49. List before the Court on 12th March, 2024.
PRATHIBA M. SINGH JUDGE SEPTEMBER 21, 2023 mr/kt CS(COMM) 657/2023
27 Sri Brahma Samhita 28 Teachings of Lord Caitanya 29 The Hare Krsna Challenge 30 sword of knowledge 31 Narada-Bhakti-Sutra 32 Civilization and Transcendence
53 Selected Verses from the Vedic Scriptures The Stories of Krsna (The Supreme Personality of Godhead) ( In 4 Vol.) Srimad Bhagavatam Sets (18 Vol.)
19 Civilization and Transcendence 20 On the way to Krsna 21 Chant & be happy Krsna, The Supreme Personality of Godhead 23 Life Comes from Life
39 Sri Chaitanya Charitamrta (9 Volume set) Perfect Questions Perfect Answers (Purna Prashna Purna Uttar) Srimad Bhagavatam Sets (18 Vol.)
3 Sri Caitanya-Caritamrta Madhya Lila Vol 2 4 Sri Caitanya-Caritamrta Antya Lila Malayalam S No Description Beginners Guide to Krsna Consciousness 2 Beyond Birth and Death
10 Punjabi 1 Total 333 English Titles Language Certificate Date 1 A beginner's guide to krishna Consciousness ENGLISH L-13910/94 27.01.1994
27 Journey Of Self Discovery ENGLISH L-14002/94 25.03.1994 28 Krishna Book 3 Vol. (Volume One) ENGLISH L-35933/2010 09.08.2010
99 Srimad Bhagavatam Canto 7 - The Science Of God Part 1 ENGLISH L-40891/2012 06.08.2012 100 Srimad Bhagavatam Canto 7 - The Science Of God Part 2 ENGLISH L-40888/2012 06.08.2012 101 Srimad Bhagavatam Canto 7 - The Science Of God Part 3 ENGLISH L-39528/2011 21.12.2011 102 Srimad Bhagavatam Canto 8-Withdrawl Of The Cosmic Creation Part 1 ENGLISH L-40890/2012 06.08.2012 103 Srimad Bhagavatam Canto 8-Withdrawl Of The Cosmic Creation Part 2 ENGLISH L-40889/2012 06.08.2012 104 Srimad Bhagavatam Canto 8-Withdrawl Of The Cosmic Creation Part 3 ENGLISH L-38800/2011 21.07.2011 105 Srimad Bhagavatam Canto 9 - Liberation Part 1 ENGLISH L-38863/2011 27.07.2011 106 Srimad Bhagavatam Canto 9 - Liberation Part 2 ENGLISH L-50066/2013 07.06.2013 107 Srimad Bhagavatam Canto 9 - Liberation Part 3 ENGLISH L-41342/2013 31.05.2013 108 Srimad Bhagavatam Canto 9 - Liberation Part 4 ENGLISH L-39586/2012 21.02.2012 109 Teachings Of Lord Chaitanya ENGLISH L-14115/94 12.05.1994 110 Teachings Of Lord Kapila ENGLISH L-35927/2010 09.08.2010 111 Teachings Of Queen Kunti ENGLISH L-37194/2011 18.01.2011 112 Teachings Of Queen Kunti ENGLISH L-13992/94 25.03.1994 113 The Stories Of Krsna 1 Vol. (Volume 1) ENGLISH L-59673/2014 18.09.2014 114 The Stories Of Krsna 1 Vol. (Volume 2} ENGLISH L-59672/2014 18.09.2014 115 The Stories Of Krsna 1 Vol. (Volume 3) ENGLISH L-59671/2014 18.09.2014 116 The Stories Of Krsna 1 Vol. (Volume 4} ENGLISH L-59670/2014 18.09.2014 117 The Sward Of Knowledge ENGLISH' L-13901/94 21.01.1994 118 Topmost Yoga System ENGLISH L-14105/94 12.05.1994 119 Transcendental Teachings Of Prahlada Maharaja ENGLISH L-35921/2010 09.08.2010 HINDI Titles Language Certificate Date 1 Atma Sakshatkar ka Vigyan (S.S.R.) HINDI L-13907/94 27.01.1994
2 Atmaniveshan Ki Yatra HINDI L-16518/97 01.08.1997 3 Beyond illution & Doubt HINDI L-72427/2018 16.01.2018 CS(COMM) 657/2023
18 Janma Mrutyu Se Pare (B.B.D.) HINDI L-14198/94 26.08.1994 19 Jivan Ka Strot Jivan (Lifes Comes From Life) HINDI L-13920/94 18.02.1994
20 Kapildev ki Shikshamrit HINDI L-14110/94 07.11.1994 21 Krishna Bhakti Anupam Bhaint (Matchless Gift) HINDI L-14111/94 12.05.1994
35 Yoga Ki Purnata (Perfection Of Yoga) HINDI L-13890/94 21.01.1994 MARATHI Titles language Certificate Date 1 Atma Sakshatkarache Vidnyan (S.S.R.) MARATHI L-13987/94 25.03.1994
2 Bhagavad-Gita As It Is MARATHI L-13903/94 21.01.1994 3 Devhutiputra Bhagavan Kapildevanche updesh MARATHI L-59699/2014 19.09.2014
22 Yogachi Purnata (Perfection Of Yoga) MARATHI L-14094/94 12.05.1994 Gujarati Titles Language Certificate Date 1 Anya Grahan Ni Sarai Yatra (Easy Journey) GUJARATI L-13897/94 21.01.1994
3 Bhagavad-Gita As It Is GUJARATI L-13906/94 21.01.1994 Bhagavan Sri Chaitanya Mahaprabhu Ka Shikshamrita (Teachings Of Lord GUJARATI L-14091/94 12.05.1994 4 Caitanya)
16 Dharma GUJARATI L-59604/2014 16.09.2014 17 Hare Krishna Yug GUJARATI L-14096/94 12.05.1994 18 lsopanishad GUJARATI L-13898/94 21.01.1994 19 Jivan Nu Mui Chhe Jivan (Life Comes From Life) GUJARATI L-13896/94 21.01.1994
39 Yogani Purnata (Perfection Of Yoga) GUJARATI L-13894/94 21.01.1994 Tamil Titles Language Certificate Date 1 Beginners Guide To K.C. TAMIL L-59574/2014 15.09.2014
TAMIL L-59573/2014 15.09.2014
10 Introduction To Bhagavad Gita TAMIL L-59560/2014 15.09.2014 11 lsopanishad TAMIL L-59619/2014 16.06.2014 12 Krishna Book (Eco) (Hb) TAMIL L-59639/2014 17.09.2014
33 Srimad Bhagavatam Canto 2 TAMIL L-59569/2014 15.09.2014 34 Srimad Bhagavatam Canto 3.[1] TAMIL L-59695/2014 19.09.2014
45 Teachings Of Queen Kunti TAMIL L-59566/2014 15.09.2014 46 Top Most Yoga System TAMIL L-59640/2014 17.09.2014 Kannada Titles Language Certificate Date 1 Atmanveshaneya Payana KANNADA L-23016/2005 04.05.2005
6 Dari Deepa Avarobbare KANNADA L- 41073/2012 28.08.2012 7 Harinamava Nenedare KANNADA L-24472/2005 20.05.2005 8 ltara Lookagalige sulaba Payana KANNADA L- 24434/2005 19.05.2005
11 Krishna Pragnege arohana KANNADA L-24435/2005 19.05.2005 12 Krishna Ptagne Sreshtama Yogapaddati KANNADA L-24445/2005 19.05.2005
17 Purva Paschima Sangama KANNADA L-41256/2012 06.09.2012 18 S.S.R. (The Science Of Self-Realization) KANNADA L-22773/2005 25.04.2005
21 Teachings Of Queen Kunti KANNADA L-22777/2005 25.04.2005 22 Vidyartigaligagi Geeta Sandesha KANNADA L-24439/2005 19.05.2005
23 Vishwaa Ella Nagara Garamagalalli KANNADA L-40948/2012 22.08.2012 Bengali Titles Language Certificate Date 1 Adarsh Prashna Adarsh Uttar BENGALI L-72853/2018 30.01.2018
7 Harekrishna Andolan BENGALI L-72855/2018 30.01.2018 8 Janmo Mritur Porpoare (Jog Siddhi) BENGALI L-72412/2018 16.01.2018 CS(COMM) 657/2023
13 Kunti Debir Shikha BENGALI L-73237/2018 12.02.2018 14 MUKUNDA MALA STOTRA (BENGALI) BENGALI L-72482/2018 17.01.2018 15 NAROD BHAKTI SUTRA (BENGALI) BENGALI L-75496/2018 22.05.2018
20 Prakratir Niyom BENGALI L-72856/2018 30.01.2018 21 Shri Chaitanya Mahaprabhi Tar Jeebon O Shikha BENGALI L-72483/2018 17.01.2018
25 Sri Chaitanya Mahaprabhu Tar Jiboni O Shikha BENGALI L-72857/2018 30.01.2018 26 SRI ISOPANISAD (BENGALI) BENGALI L-72484/2018 17.01.2018
12 Srimad Bhagavatam Canto 12 TELUGU L-63982/2016 16.06.2016 13 Srimad Bhagavatam Canto 4.[2] TELUGU L-73822/2018 01.03.2018
16 Srimad Bhagavatam Canto 9 TELUGU L-63983/2016 16.06.2016 17 Transcendental Teachings of Prahlad Maharaj TELUGU L-63968/2016 14.06.2016 Oriya Titles language Certificate Date 1 Bhagvad Gita Maulika Rupa Re Oriya L-26740/2006 03.07.2006