Tuesday, January 11, 2011

Aga Khan Wins Canadian Copyright Case Against Followers Who Published His Pronouncements

The Aga Khan, currently a resident of France, is the spiritual leader of the Shia Imani Ismaili Muslims around the world.  He gives advice and guidance to his followers through issuing Farmans (recorded talks) an Talikas (written religious messages). In 2009, one of the Aga Khan's followers, Nagib Tajdin (with the assistance of others) published Farmans 1957-2009 – Golden Edition Kalam-EIman-E-Zaman, a collection of the Aga Khan's Farmans and Talikas. Ismaili authorities asked them to cease publication, but they refused, claiming that they had the consent of the Aga Khan to publish them.  Tajdin claimed that a letter from the Aga Khan asking him to cease publication was a forgery.  This led to the Aga Khan bringing suit in Canada's Federal Court claiming copyright infringement. In Aga Khan v. Tajdin, (Fed. Ct. Canada, Jan. 7, 2011), the court concluded that the Aga Khan had not given his consent to others to publish his pronouncements and permanently enjoined defendants from publishing or distributing the Golden Edition.  It also issued a reference for the determination of damages. Vancouverite reports on the decision.