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Denies Interim Relief to SGPC in Gurbani Copyright Dispute Over Golden Temple
The on Friday declined to grant interim relief to the in its suit against a private television channel broadcasting Gurbani from the Golden Temple in Amritsar. Justice Anup Jairam Bhambhani, presiding over the matter, gave a opinion that the broadcast of Gurbani for a genuine religious ceremony, without commercialisation, may not amount to .
The bench refused to pass any against , which had been rebroadcasting the live telecast of Gurbani from Sri Harmandir Sahib with a 10-second delay. The court directed the defendant to file its reply to the application and listed the matter for further hearing on .
Background of the Dispute
The SGPC, the apex body responsible for the management of the Golden Temple, along with broadcaster , approached the alleging that Galactic Television was infringing its copyright by broadcasting and rebroadcasting Gurbani from the shrine. The committee claimed it holds exclusive copyright over the live feed of Gurbani from the Golden Temple, which it streams on its own YouTube channel and through . The private channel’s rebroadcast, according to the SGPC, violated its exclusive rights and amounted to commercial exploitation of religious content.
Galactic Television, however, contended that its broadcast was not commercial in nature and that the Gurbani and kirtan being streamed from the Golden Temple were not subject to copyright protection. The channel’s senior counsel argued that the broadcast fell within the exemption provisions of the , specifically under Section 52(1)(z)(a) and Section 52(1)(l), which permit the use of a literary or musical work in a bonafide religious ceremony.
Court’s Observations
During the hearing, Justice Bhambhani made significant preliminary remarks on the legal character of the Guru Granth Sahib. He observed that the scripture qualifies as a literary work, and its recitation through kirtan constitutes a musical performance. The court stated:
“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 religious ceremony, is not an infringement.”
The bench agreed with Galactic Television’s submission that its broadcast may be covered by the exemptions under Section 52(1)(z)(a) and . These provisions carve out exceptions for the use of copyrighted material in religious contexts, provided the use is not for commercial gain.
Based on this reasoning, Justice Bhambhani concluded: “In view thereof, this Court is not inclined to pass any at this stage.”
Copyright Exemptions Under Scrutiny
lists a series of acts that do not constitute infringement of copyright. Sub-section (1)(z)(a) generally exempts the communication of a literary, dramatic, or musical work to the public during a religious ceremony, while sub-section (1)(l) exempts the performance of such works in the course of a genuine religious observance. The court’s reliance on these provisions indicates a strong view that the broadcast of Gurbani from the Golden Temple, even if recorded and rebroadcast with a slight delay, qualifies as a religious ceremony rather than a commercial broadcast.
However, the court’s observations are at the interim stage and do not finally determine the copyright dispute. The SGPC, through senior advocate , argued that Galactic Television’s actions did not constitute and that the 10-second delay was merely a technical manoeuvre to circumvent copyright. The SGPC maintained that the broadcast was not a live ceremony but a delayed rebroadcast that fell outside the purview of the exemptions.
Arguments of the Parties
Senior advocate , representing Galactic Television, countered that his client was not commercialising the broadcast. He argued that there is no copyright in the Gurbani or kirtan as such, since these are sacred texts and hymns that belong to the . Even if copyright could exist in the broadcast, Patwalia submitted that the use fell squarely within the statutory exemptions designed to protect religious practices.
The bench agreed with the defence’s position at this stage, but left all legal questions open for argument at the next hearing. The court has directed the defendant to file its written response to the application, and the matter will be heard further on .
Implications for Religious Broadcasts
This case carries significant implications for the intersection of copyright law and religious practice. If the court ultimately holds that the broadcast of Gurbani from a religious site is exempt from when used for religious purposes, it could set a precedent for other religious texts and rituals. Temples, gurdwaras, mosques, and churches that stream prayers, sermons, and ceremonies may find their broadcasts similarly protected under the Section 52 exemptions.
Conversely, the SGPC’s argument highlights the tension between the exclusive control that religious bodies seek over the dissemination of sacred content and the public’s interest in accessing that content. The outcome of the case will likely impact how courts balance copyright protection with the freedom to practice and share religious observances.
Legal practitioners in the field of intellectual property will be watching closely, as the judgment may clarify the scope of the religious ceremony exemption under Indian copyright law. The court’s refusal to grant interim relief suggests that it is not inclined to treat religious broadcasts as per se infringing, but the final determination awaits a full hearing.
What Lies Ahead
The matter is scheduled for hearing on , when the defendants will present their formal response. The court may then decide whether to grant or refuse the sought by the SGPC. In the meantime, Galactic Television continues to broadcast Gurbani from the Golden Temple, subject to the court’s future order.
For the SGPC, the denial of interim relief is a setback, but it is only an interim stage. The committee will have an opportunity to present stronger evidence on the commercial nature of the defendant’s broadcast and the extent of its copyright in the live feed. The debate over whether a 10-second delay transforms a religious ceremony into a commercial product will be central to the hearing.
As the legal community awaits the next round of arguments, the ’s preliminary observations have already sparked discussion about the limits of copyright protection over sacred works. The case underscores the need for nuanced interpretation of statutory exemptions when religious and commercial interests collide.
Conclusion
The ’s refusal to grant interim relief in the SGPC vs Galactic Television case reflects a careful, balancing of copyright rights against religious exemptions. By recognising the Guru Granth Sahib as a literary and musical work and signalling that its use in a religious ceremony may be exempt, the court has opened the door for a broader understanding of fair use in religious contexts. The final verdict will be crucial for religious bodies, broadcasters, and copyright holders alike, as it will shape the legal landscape for the digital transmission of sacred content in India.
