New Delhi, Aug 14 (PTI) The Delhi High Court on Friday refused to restrain a private channel from broadcasting the recital of Gurbani at the Golden Temple in Amritsar.
Justice Anup J Bhambhani declined to give an interim relief at this stage on a lawsuit by the Shiromani Gurdwara Parbandhak Committee (SGPC).
SGPC, the apex gurdwara body, submitted that it held the copyright in the recital of Gurbani at the Golden Temple, which was broadcast live on its YouTube channel as well as another TV channel.
It was SGPC’s grievance that Galactic Television was telecasting the recital in violation of its broadcasting rights, albeit with a delay of a few seconds.
“It is a literary-cum-musical work. You are reciting the Gurbani by way of a musical performance. There is a literary work called Guru Granth Sahib, which you sing by way of a musical work. Therefore, a literary and a musical work, which, if used for bona fide religious ceremony, is not an infringement,” the court remarked.
“This court is not inclined to pass any ad interim order at this stage,” it added.
Section 52 (1)(za) of the Copyright Act states that the “performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the central government or the state government or any local authority” would not amount to infringement of copyright.
The senior counsel for Galactic Television contended that it was not a case of violation of any intellectual property as there was no monetisation.
The court asked the TV channel to file its reply to SGPC’s application seeking interim relief, and listed the case for further hearing on September 24.
It also issued summons on the private channel on the lawsuit. PTI ADS ZMN
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