INTRODUCTION

In today’s day and age of digital era, access to every religious text is easy and available at just a click. With a quick search, anyone can find religious scriptures online. Religious texts are no longer confined to temples, mosques or churches. These texts are mostly free, but are often available to access across a paywall, and are sometimes wrapped in copyright notices.  These religious texts are more than just literature they serve as spiritual guide to many, in India and outside. This blog revolves around how modern copyright works and the extend till which copyright laws in India covers copyright of religious texts.

The original religious texts, many of which are more than thousands of years old, are usually in public domain. However, the newer versions, especially those with contemporary language, commentary, or digital formatting, often fall under legal protection. In cases where copyright is infringed meaning a protected work is used without proper authorization the law provides both civil and criminal remedies.

Religious scriptures are seen by many as divine, eternal, and meant to be freely shared for the betterment of humanity. However, the copyright law extends to protect the originality, authorship and intellectual effort of the scriptures.

COPYRIGHT LAW IN INDIA

Copyright law in India is primarily governed by the Copyright Act of 1957, which outlines the rights of creators and the protection of their intellectual property. The central aim of this law is to encourage creativity and innovation by granting creators exclusive legal rights over the use of their original works.

The law grants copyright holders several exclusive rights. These include the right to reproduce the work, distribute copies, perform it publicly, communicate it to the public through various media, and create adaptations or translations. In addition to economic rights, the law also recognizes moral rights, which allow the author to claim authorship of the work and to object to any distortion or modification that could harm their reputation.

The duration of copyright protection in India varies based on the nature of the work. For literary, musical, dramatic, and artistic works, copyright remains in effect for the lifetime of the author plus an additional 60 years after their death. In contrast, for works like cinematograph films and sound recordings, the protection lasts for 60 years from the date of publication, regardless of the creator's lifespan.

The law also includes a set of limitations known as “fair dealing” provisions. These allow the use of copyrighted material without prior permission in specific circumstances, such as for private or personal use, research, criticism, review, reporting current events, and educational activities. These exceptions are designed to promote access to information and freedom of expression while respecting the rights of creators.

In cases where copyright is infringed meaning a protected work is used without proper authorization the law provides both civil and criminal remedies. Civil remedies may include injunctions, monetary compensation, or seizure of infringing copies. Criminal penalties can be more severe, with imprisonment of up to three years and or fines, depending on the seriousness of the offense.

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COPYRIGHT OF RELIGIOUS TEXTS IN INDIA- A BRIEF REVIEW

In India, ancient religious scriptures such as the Vedas, the Bible, the Qur’an, and the Guru Granth Sahib are typically considered part of the public domain, meaning they are not protected by copyright because of their age and collective heritage. These texts are seen as sacred and timeless, meant for universal access rather than private ownership.

However, when individuals or organizations create modern translations, commentaries, or digital versions of these texts, those specific versions can qualify for copyright protection under Indian law. The Copyright Act, 1957, safeguards original literary work, which includes translations and interpretations that involve intellectual effort and creativity. This protection allows creators to control how their work is used and distributed.

BHAKTIVEDANTA BOOK TRUST CASE- A LEGAL PRECEDENT

Bhaktivedanta Book Trust, the plaintiff is a religious organisation founded by His Divine Grace A.C. Bhaktivedanta Swami Prabhupada. He was a renowned spiritual leader, scholar and author of several religious scriptures and translations of several original scriptures. He also established the International Society of Krishna Consciousness. Swami Prapbhupad had given the copyright rights of his works to the plaintiff in his lifetime.  

The plaintiff wanted to impart the religious teachings of the copyrighted work through its own medium of religious institutions or the internet.

The plaintiff moved to court alleging that several defendants were reproducing the copyrighted original as well as translated works of the plaintiff through websites, mobile application and Instagram accounts.

The defendants raised a fundamental objection by questioning whether Srila Prabhupada, having taken sanyas (religious renunciation), was legally permitted to own or transfer copyright in the first place.

DELHI HIGH COURTS STAND IN THE CASE

The Delhi High Court said that original holy scriptures or original work on religion and spirituality should be under public domain. These original works do not come under the protection of Section 3 of the Copyright Act. However, the translations and interpretation of such religious texts or texts on religion that are original work of the person shall be protected under this section. The Copyright Act only protects the original parts of such translated or interpreted texts or works.

CONCLUSION

The intersection of copyright law and religious texts is not just a legal matter—it is a cultural and spiritual dialogue that touches upon access, authority, tradition, and innovation. While ancient scriptures belong to the shared spiritual heritage of humanity, their modern interpretations and representations are often treated as intellectual property under current laws, including those in India. This legal framework allows publishers and translators to protect their work, but it also brings with it a host of ethical, moral, and accessibility-related challenges.

However, there are several scriptures and other literary works that have been passed on to us since generations. It is in the favour of humanity that such original texts and work of religious literature be out there in the public domain for the access of everyone.

AUTHOR- Bhavpreet Singh Soni

CO AUTHOR- Smriti Rai