Calcutta High Court
Ayachak Ashrama & Ors vs Youtube India & Ors on 27 January, 2025
Author: Ravi Krishan Kapur
Bench: Ravi Krishan Kapur
ODC-17
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
IA GA-COM/1/2025
IP-COM/9/2025
Ayachak Ashrama & Ors.
Vs.
Youtube India & Ors.
Before:
The Hon'ble Justice RAVI KRISHAN KAPUR
Date: 27th January, 2025
For the petitioner :Mr. Rudraman Bhattacharyya, Senior Advocate
Mr. Sarasij Dasgupta, Advocate
Mr. Suvaneel Das, Advocate
Mr. Aditya Mondal, Advocate
Mr. Jibantaraj Dan Roy, Advocate
This Court: This is a suit is for infringement of copyright of the works of
Samabeta Upasana, Hari Om Kirtan, and Swarupananda Sangeet over
which the petitioners claim exclusive rights.
The petitioner no.1 is a Trust registered under the Indian Trusts Act
1882, formed on the principles of AYACHAK which means 'one who never
begs' and followers the ideology of "Nayamatma Balahinen Labhya
Bhikshayam Naiba Naiba Cha" meaning self-realisation is beyond the
scope of the weak nor can it be achieved through begging.
The petitioner nos.2 to 4 are the trustees of the petitioner no.1 and are
authorised to control and manage the works, affairs and management of
the Trust.
The petitioner no.5 is a registered society engaged in providing selfless
service for the welfare of the world.
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Briefly, the petitioner nos.1 and 5 were established by His Divine
Grace Sri Sri Swami Swarupananda Paramhansa Dev also known as Sri
Sri Babamoni (the Saint). Thereafter, multiversity was established for
students to learn the value of self-realisation and Brahamacharyya.
Several songs and six books containing around 1250 songs were written
by the Saint in Bengali language which are commonly known as
Swarupananda Sangeet. The Saint was also the author of several books
which contained lectures known as Swarupananda Sahitya. One of His
significant works from the pre independence era was a book "Karmer
Pothe".
Pursuant to the above teachings, the disciples of the Ayachak Ashram
pray to the Omkar Bigraha instead of idols, pictures and other symbols of
Gods and Goddesses. The works, hymns and mantras composed by the
Saint are also chanted in rhythm in Samabeta Upasana and can be
attended by anyone from any religion having strong faith in such practise.
To spread the works of the Saint, the petitioners have also caused to
be published, produced and recorded songs composed by the Saint in the
form of books, cassettes, albums, long playing records, vinyl, discs etc.
In order to protect their intellectual property rights, the petitioners
had on 5 September 2017 obtained copyright registration bearing
registration no 68307/2017 pertaining to the Holy book "Mandir" which is
a compilation of 247 songs of the Saint and have also obtained copyright
registration of the "Akhanda Samhita" in 24 parts.
On 10 December 2024, the petitioners became aware of the of the
unauthorised uploads of the literary works, musicals and sound
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recordings of the Saint on the domain of the respondent nos.1, 3, 4 and 5
by unidentified internet users and channels impleaded as the defendant
nos.6 to 119 infringing the copyright and thereby causing financial loss to
the petitioners.
Subsequently, the petitioners were also made aware of the several
Facebook pages, Facebook profiles and private groups which had been
unauthorizedly created in the name of the Saint wherein the contents,
songs, lyrics, quotes of the Saint have been illegally uploaded without any
permission or license or consent from the petitioners on the platform of
the respondent no.4. Thereafter, on 6 January 2025 the petitioners were
also informed of several other deceptively similar social media pages
unlawfully using the petitioner society’s protected contents, trade dress
and design and have made copies and replication of the genuine copyright
protected works of the petitioners.
It is alleged that the respondents have uploaded the works without
any prior consent from the petitioners. It is also alleged that the
petitioners have the sole right to produce, publish, use, broadcast, and
display throughout the world both within and outside the jurisdiction. It
is also contended that the petitioners are the owners of the musical works
and the underlying literary, musical works and sound recordings and
possess all other rights contained in the compositions published and
produced by the petitioners since inception which are inter-alia preserved
under section 14(1) (a) of the Copyright Act,1957. It is also contended that
the petitioners have the sole and exclusive right to grant license to anyone
at their discretion for the purpose of copying, public performance,
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displaying and broadcasting the above musical works, through any mode
or medium.
The petitioners contend that since accepting alms and donations are
against the principles of the petitioner, the commercial exploitations of the
works of the Saint are a primary source of income for them. In such
circumstances, infringement of the copyright belonging to the petitioners
would financially cripple the petitioners. The petitioners contend that the
operations and functions of the petitioners are carried out through the
Official website and social media pages being www.ayachakashrama.com
and Facebook page “AYACHAK ASHRAM” respectively and all credentials
and information relating to the petitioners are stored in the same and are
accessible to the public at large. Each and every component available on
the website and page, materials exhibited, and various literary works as
shown are proprietary in nature. The petitioners have conceived of the
trade dress, web page and design of the website and social media page
and the same requires protection.
With the passage of time, the petitioners in association with Saregama
India Limited (previously known as the Gramaphone Company of India
Limited) has produced several music albums and recordings of Samabeda
Upasana, Hari Om Kirtan and Swarupananda Sangeet which has been
widely distributed amongst the disciples and devotees throughout the
world. The petitioners also rely on several communications regarding the
recordings and manufacture of such cassettes and invoices for the period
between 1996 to 2006.
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The petitioners have also made huge investments to organize, manage
and produce the contents and literary works of the Saint and for
restoration of the same.
Infringement of such contents and proprietary information does not
only affect the original contents and the rights of the petitioners but also
interferes with the goodwill earned by the petitioners over the years.
In view of the above, the petitioner nos. 1 and 5 being the owners of
copyright with respect to literary, musical and sound recording and all
other rights of the musical works of the Saint, the impugned acts of
unlawfully uploading the clippings of the above songs in various websites
is prima facie infringement of the copyright which exclusively vests with
the petitioners.
As such, the petitioners have been able to demonstrate a strong prima
facie case on merits, the balance of convenience and irreparable injury is
also in favour of orders being passed as prayed for herein.
Accordingly, there shall be an ad interim order as follows:
(a) An order of temporary injunction restraining the respondent nos. 7 to
119 and such other websites and/or social media pages and/or
accounts and/or profiles and/or groups, which are discovered during
the course of the proceedings to have been engaging in using the
PETITIONERS’ exclusive rights in respect of “Samabeta Upasana”, “Hari
Om Kirtan” and “Swarupananda Sangeet their owners, partners,
proprietors, officers, servants, employees, and all others in capacity of
principal or agent acting for and on their behalf, or anyone claiming
through, by or under it, from using any domain name similar and/or
identical to the domain name and/or copy right protected contents of the
PETITIONERS, being www.ayachakashrama.com and Facebook Page
AYACHAYAK ASHARAM or their website and/or social media page
and/or account and/or profile and/or group or the contents thereof, in
any manner whatsoever;
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(b) An order be made directing the Ministry of Electronics and Information
Technology, Government of India, i.e, the Respondent no. 5 to block any
website and/or social media page to and/or account and/or profile
and/or group using the domain name www.ayachakashrama.com and
Facebook Page AYACHAYAK ASHARAM in any combination, or any
websites and/or social media pages and/or accounts and/or profiles
and/or groups or any domain name deceptively similar to the
petitioners’ domain name, by any person, either identified or
unidentified, whenever found to be in existence;
Let this matter appear on 20 February 2025.
In the meantime, the petitioners are also directed to serve a copy of
this order on the respondent nos.1 to 6 and file an Affidavit of Service on
the returnable date.
(Ravi Krishan Kapur, J.)
J.Das/R.K.Pal