Nobody Has Copyright On Teachings Written In Holy Books Like 'Quran': Delhi Court Dismisses Suit With ₹50K Cost

A Delhi Court has dismissed a suit of copyright infringement filed over publication of a book titled "Islamic Studies" with a cost of Rs. 50,000 observing that nobody can have copyright on the teachings which are written in the Holy Books Quran and Hadees or other Islamic books.

District Judge (Commercial) Sanjeev Kumar Aggarwal of Tis Hazari Courts was of the view:

"Some contents are bound to be similar as teaching given in the Holy Books Quran and Hadees and other religious text related to Islam religion are bound to be same in all books which are about teaching on Islam. In my view, nobody can have copyright on these teachings which are written in the Holy Books Quran and Hadees or other Islamic books."

The suit was filed by Islamic Book Service (P) Ltd., a publisher and exporter of Islamic books situated in city's Daryaganj, claiming that Maulvi Abdul Aziz, as the owner and author of literary work titled "Islami Taleemat" series of books part I to VIII, had assigned its copyright to the company unconditionally and also handed over the manuscript of the work against consideration.

It was the plaintiff's case that the book "Studies in Islam" Grade one to Grade eight was being published by it exclusively and continuously since 1992 and the same is sold on extensive scale in Delhi as well as abroad.

The plaintiff company alleged that in May 2018, it came to know that the defendant, one Abdur Rauf Najeeb Bakali, started publishing the literary work of Maulvi Abdul Aziz in the name and style of "Islamic Studies Grade I to Grade 5".

It was thus claimed by plaintiff company that the defendant had misrepresented the contents of the said books and literary work of Maulvi Abdul Aziz. It was also claimed that the tradename and copyright of the plaintiff in respect of identical books and its contents was used in an illegal manner, thereby infringing copyright of plaintiff company.

The case of the plaintiff was that the defendant infringed its copyrights in "Studies in Islam" by publishing book "Islamic Studies."

Alleging that the defendant was trying to cheat the purchasers by putting them into a belief that they were buying the genuine books published by the plaintiff written by Maulvi Abdul Aziz, a permanent and mandatory injunction was sought against defendant from publishing, selling and distributing the said books.

The plaintiff also sought the defendant to furnish an undertaking that he will not use the similar and identical copyright, along with damages of Rs. 10 lacs and decree for rendition of accounts.

The defendant on the other hand denied that "Islami Taleemat" was a literary work of Maulvi Abdul Aziz and that he assigned copyright of the same to the plaintiff.

It was also denied that the plaintiff company had been continuously publishing 'Studies in Islam' since 1992 or that same has been sold at extensive scale in India and outside India.

The Court was of the view that without specific assignment of the copyright of "Islamic Studies Grade1 to Grade VIII" in favour of plaintiff company, it had no locus standi to file the suit for violation of copyright by the defendant.

While examining as to whether the defendant had copied contents from book "Studies in Islam grade I" in its book "Islamic Studies", the Court observed thus:

"The entire book of Studies in Islam grade I and Islamic Studies grade I to Grade V was placed during evidence. No comparison of the books of plaintiff and defendant was given to show either in the plaint or in the evidence of PW1 so that it could be said that the defendant has copied the plaintiff book and thus infringed the copyright work of book 'Studies in Islam'."

Rejecting the argument put forth by plaintiff's counsel that the name of both the books 'Islamic Studies' and 'Studies in Islam' were almost similar as it contained words 'Islam' and 'Studies', the Court said:

"In my view there cannot be any copyrights on word "Islam or studies". The name of the plaintiff's book is 'Studies in Islam" whereas the name of the defendant's book is 'Islamic studies'. The colour printing of the cover page of both the books is also quite different."

While noting that the book "Islamic Studies" was also written by Maulvi Abdul Aziz who also wrote plaintiff's book "Studies in Islam", the Court was of the view that the same cannot be infringement of copyrights.

"Undoubtedly defendant has also not produced any assignment deed/ or license that Maulvi Abdul Aziz permitted defendant to publish book "Islamic Studies.". However, even if I presume that the defendant has not been assigned copy right in literary work "Islamic Studies" by Maulvi Abdul Aziz and defendant is publishing the books without his prior authority from him, it is Maulvi Abdul Aziz who can take action against the defendant and not the plaintiff or if the same is not written by Maulvi Abdul Aziz even then only he can take sue and plaintiff," the Court said.

The Court thus held that the plaintiff company "miserably failed" to prove that it had any copyright over the book 'Islamic Studies' or that the defendant had committed any infringement of copyright of plaintiff's book by publishing the book 'Islamic Studies'.

"I held that plaintiff is not entitled for any relief and the suit of the plaintiff is hereby dismissed with cost of Rs. 50,000/­ which the plaintiff shall pay to the defendant for the fees and expenses incurred by him," the Court ordered.

Case Title: Islamic Book Service Vs. Abdur Rauf Najeeb Bakali

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