Delhi High Court: No Copyright Infringement in Golden Temple Broadcasts Without Commercialization

• Delhi High Court refused to stop private channel from broadcasting Gurbani from Golden Temple.
• SGPC claimed copyright in broadcast of Gurbani, but court's prima facie opinion suggests otherwise.
• Court ruled that broadcasting Gurbani without commercialization may not be copyright infringement.
• Case has significant implications for lawyers advising clients on broadcasting rights.

It is a literary cum musical work. You are reciting the Gurbani by way of musical performance. There is a literary work called Guru Granth Sahib which you sing by way of musical work. Therefore, you are a literary and a musical work which, if used for bona fide religious ceremony, is not an infringement.

The Delhi High Court has refused to pass any interim orders on a plea filed by Shiromani Gurdwara Parbandhak Committee (SGPC) to stop a private television channel from broadcasting or rebroadcasting Gurbani from the Golden Temple. The SGPC, which manages the Golden Temple, claimed that they hold the copyright in the broadcast of the Gurbani and that Galactic Television's 10-second delayed broadcast is violating their rights.

The court's decision has significant implications for lawyers advising clients on broadcasting rights. If a private channel broadcasts Gurbani from the Golden Temple without commercialization, it may not amount to copyright infringement, even with a delay.

The case revolves around the copyright status of the Guru Granth Sahib, which is considered a literary work. The SGPC argued that they hold the copyright in the broadcast of the Gurbani from the Golden Temple. However, the court's prima facie opinion suggests that if the broadcast is used for genuine religious ceremonies without commercialization, it may not be considered copyright infringement.

The court's remark that 'it is a literary cum musical work' highlights the complex nature of copyright law in India. The ruling has sparked debate among legal experts about the interpretation of Indian copyright law and its application to religious broadcasts.

The Delhi High Court's decision has far-reaching implications for private channels broadcasting Gurbani from the Golden Temple. If a channel can broadcast Gurbani without commercialization, it may set a precedent for other religious institutions and broadcasters. The ruling also highlights the need for clarity in Indian copyright law regarding the use of sacred texts and musical compositions in religious ceremonies.

The case is likely to have significant practical implications for lawyers advising clients on broadcasting rights. They will need to consider the court's ruling that broadcasting Gurbani from the Golden Temple without commercialization may not amount to copyright infringement.

Lawyers advising clients on broadcasting rights may need to consider the Delhi High Court's ruling that broadcasting Gurbani from the Golden Temple, even with a delay, may not amount to copyright infringement if used for genuine religious ceremonies without commercialization.

Source: Original reporting via [Source Not Specified]