Copyrighting Ancient Texts: The Case of BORI and the Mahabharata

Introduction

The issue of whether ancient texts can be copyrighted is a nuanced one. Bhandarkar Oriental Research Institute (BORI) is an example that highlights the complexity of this debate. In this article, we explore the copyrighting process used by BORI for its electronic version of the Mahabharata and the legal and ethical considerations involved.

Can Ancient Texts Be Copyrighted?

Firstly, it is important to establish that ancient texts themselves are generally considered to be in the public domain. Traditional texts, like the Mahabharata, are considered to be of the public sphere and are not subject to copyright protection because they are too old and widely disseminated. However, the compiled and edited versions of ancient texts, regardless of how old they are, can indeed be copyrighted. This protection is granted to the creators who produce new interpretations, critical editions, or translations.

BORI and the Mahabharata

BORI did not copyright the entirety of the ancient text of the Mahabharata. Instead, they copyrighted the product of their scholars' painstaking efforts. In a remarkable process, BORI scholars meticulously read through approximately 1,300 scripts of the Mahabharata. They then compiled a version that included only those verses present in majority of the scripts, removing those that seemed to be later additions or creative interpolations. Their objective was to produce a narrative that is as close as possible to the original versions, which are unfortunately lost to time.

Why Copyrighting Is Important

Copyrighting the work of BORI's scholars is crucial for several reasons. It protects the intellectual property rights of the institution and its contributors. It ensures that the detailed and extensive research and analysis they have undertaken is not plagiarized or freely replicated by others. By copyrighting their work, BORI can control how their meticulously compiled and edited version of the Mahabharata is used, thereby preserving the integrity of the scholarly effort.

Post-Compilation and Publication

Once the compilation was complete, BORI released their version of the Mahabharata electronically. They took great care to ensure that the work was not solely for private use but could also be shared and studied. The fact that Penguin Publishing, the Clay Series, and the Murty Classical Library of India have also released English translations underscores the value and significance of this work. Each of these publishers has their own editorial processes and licenses, which can impact the copyright status of the published works.

Legal and Ethical Considerations

The act of copyrighting a compilation of an ancient text is a complex legal and ethical endeavor. While ancient texts themselves are not entitled to copyright protection, any new version, translation, or critical edition that incorporates original research, analysis, or creative input can indeed be copyrighted. This copyright is designed to protect the creators' intellectual labor and creativity. The ethical consideration is to ensure that the copyright is not misused to prevent others from accessing or studying the text in its new form while still respecting the original work's place in the public domain.

Conclusion

In conclusion, while the original ancient texts of the Mahabharata are in the public domain, the work of BORI in compiling and editing these texts is protected by copyright. This copyright protects the intellectual labor of the scholars and the value of the painstaking work undertaken. It is a delicate balance between protecting innovation and ensuring that cultural heritage remains accessible.

References

1. Vasu, D. (2023). Understanding Copyright for Ancient Texts. Journal of Cultural Heritage Studies, 10(2), 45-52.