Introduction
Astrology- especially the Vedic astrology (Jyotisha) practiced in India- connects mathematics, mythology, and spirituality into a unique intellectual endeavour. An astrologer begins with exact astronomical calculations: the positions of planets and stars at a person’s birth. These raw facts, however, are just the starting point. The astrologer then weaves interpretive creativity around those facts, using rich mythological archetypes and personal insight to craft a narrative about an individual’s life. For example, the planet Saturn (Shani), known from ancient texts as a strict karmic disciplinarian, might be interpreted as bringing challenges and lessons when it appears in a certain house of a birth chart. Similarly, Jupiter (Guru), the wise teacher in mythology, might be read as bestowing growth and knowledge in a horoscope. In this way, Vedic astrological readings blend precise data with imaginative storytelling, creating personalized guidance or predictions. Because of this distinctive combination of mathematical precision and creative myth-making, a strong argument can be made that these astrological interpretations constitute original works of authorship rather than mere recitations of tradition, and could therefore qualify for copyright protection as literary or artistic works. However, it must be noted that this proposition has not yet been judicially tested in India.
The Creative Foundations of Vedic Astrology
Vedic astrologers engage in a complex interpretive process that reflects substantial skill, labor, and judgment. They must calculate an individual’s natal chart using the exact time, date, and place of birth – a purely mathematical procedure governed by astronomy. While the resulting planetary positions and celestial facts are uncopyrightable facts, what comes next is highly creative. The astrologer interprets what those planetary positions mean for the person in question, often crafting a detailed, personalized narrative. For instance, Mars (Mangal) placed in the fourth house of a birth chart could be expressed as indicating passionate domestic energy or potential unrest at home, tying together the planet’s mythological identity as the warrior god with its specific location in the chart. An experienced astrologer doesn’t stop at one isolated factor; they consider the interplay of all planets across the chart’s twelve houses, the influence of divisional charts (vargas), and the timing of planetary periods (dashas). The final reading is essentially a “bespoke story” about the individual’s character and future, synthesized from many data points and the astrologer’s expert understanding.
Such astrological writings could fall into the category of “original literary works” under Section 13 of the Indian Copyright Act, 1957, which protects original literary, dramatic, artistic, and musical works (also see here). The narrative produced – whether it’s a detailed personal horoscope or a daily zodiac prediction – is an original expression authored by the astrologer. Online astrology platforms like AstroTalk illustrate this creativity in practice. AstroTalk and similar services publish daily horoscopes and personalized readings with visually engaging layouts, using zodiac symbols, color-coded charts, and user-friendly interfaces. These design elements and narrative styles transform what could be a dry tabulation of planetary data into an attractive, polished work of content. The horoscope becomes not just an interpretation but an experience for the reader, much like an illustrated story or a well-designed infographic. A traditional birth chart (Kundali) itself can also be presented in creative ways – for example, with intricate geometric patterns, stylized symbols for planets and signs, and artistic color schemes – making it a work of graphic art in addition to a scientific diagram. The reliance on rich mythology further adds depth to these works. Astrologers often draw on ancient legends to explain modern lives: a reading of the shadow planet Rahu in the tenth house might invoke the myth of the demon Svarbhanu (whose decapitation by Vishnu gave rise to Rahu and Ketu) and translate that myth into a contemporary tale of ambition and illusion tailored to the client’s life. In essence, the astrologer is reinterpreting classical myths in a personal context, much like a novelist adapting a legend into a modern story. This interpretive storytelling, layered on top of factual planetary data, demonstrates a level of creativity and originality that is arguably equivalent to other copyrighted works.
Legal Parallels and Case Law Support
The idea of protecting astrological readings under copyright law finds support in existing legal principles. Copyright law around the world draws a line between uncopyrightable facts and protectable expression. This line is evident in multiple landmark cases. For example, in the United States case Feist Publications, Inc. v. Rural Telephone Service Co. (1991), the Supreme Court held that merely listing facts (like names in a phonebook) is not enough for copyright – there must be a “minimal degree of creativity” in how those facts are selected or arranged. In other words, sweat of the brow or effort alone doesn’t create a copyrightable work; there has to be some creative spark. Applying this to astrology, the bare astronomical data (planet X is in Y position) is a fact. But the selection, coordination, and arrangement of those facts into a coherent astrological narrative – choosing which details to emphasize, which myths to invoke, and how to phrase the predictions – can satisfy that creativity threshold. A well-crafted astrological report that combines planetary data with mythological context and the astrologer’s interpretive commentary is analogous to a creative compilation, much like a map or database that’s organized in an original way can be protected.
Courts have also recognized that presenting data with analysis involves originality. In Mason v. Montgomery Data, Inc. (5th Cir. 1992), a U.S. court acknowledged that while raw data (such as meteorological or geographic data) is not copyrightable on its own, the creative manner of presenting and explaining that data – including elements like charts, graphics, or written analysis – is protectable expression. By the same logic, an astrologer’s artistic charts and written interpretations are more than just data output; they are an authored presentation of facts imbued with the astrologer’s personal insight. Indian law, too, supports this view. Indian courts historically followed the English “skill, labor, and judgment” doctrine for originality, and have increasingly emphasized the need for creativity. In Eastern Book Company v. Navin J. Desai (2001), for instance, the court upheld that a work showing original arrangement or presentation of material could be protected, recognizing the author’s skill and judgment in creating something new out of existing facts. In that case, the court acknowledged that even though the underlying legal texts were in the public domain, the publisher’s selection and arrangement (like headnotes, summaries, etc.) involved sufficient originality. This approach was later refined in Eastern Book Company v. D.B. Modak (2008), where the Supreme Court explicitly moved beyond the “sweat of the brow” standard and adopted a “modicum of creativity” test, influenced by the U.S. Supreme Court’s decision in Feist Publications v. Rural Telephone Service Co.. Under this framework, mere labour or investment of effort is insufficient; instead, the work must demonstrate at least a minimal degree of creativity to qualify for copyright protection. This resonates with the situation of astrology: the underlying principles (planetary meanings, traditional lore) are public domain or common knowledge, but an individual astrologer’s particular expression and arrangement of those elements can be original.
Counterarguments: Originality vs. Tradition
One obvious challenge to this push for copyrighting astrological readings is the question of originality given the traditional nature of astrology. Astrology by design relies on a shared body of knowledge passed down through generations. If two well-trained Vedic astrologers analyze the same birth chart, there is a high chance they will come up with similar core interpretations. For instance, the placement of Saturn (Shani) in the 10th house of a chart traditionally signifies themes of discipline, delayed success, and heavy responsibility in one’s career. These meanings are taught in classic astrology texts and are not the unique invention of any one astrologer. Thus, critics might argue that astrological readings lack the novelty or originality that copyright law demands, since much of the content is derived from common lore and established interpretations.
However, copyright law does not require absolute novelty or uniqueness in the way patent law might. The standard is one of independent creation and a minimal degree of creativity. Under the doctrine of independent creation, even if two works turn out similarly, each author can have a valid copyright if they created their work independently (and not by copying the other). In other words, if Astrologer A and Astrologer B both write very similar paragraphs about Saturn in the 10th house, neither infringes the other’s copyright as long as they each arrived at those expressions on their own, drawing from the common pool of astrological knowledge. Copyright only prohibits copying someone else’s expression; it does not penalize authors for thinking alike or following the same inspiration. This is an important safeguard in the astrological context, because it ensures that protecting one astrologer’s writings won’t silence others who are simply using the same age-old principles. As courts have noted, identical or highly similar works can legally coexist if created independently. In practice, this means general statements like “Saturn in the 10th house indicates delays in career advancement” could appear in many astrologers’ works without issue – these are standard ideas or facts of the trade. What copyright would protect is the particular expression an astrologer uses beyond the basic idea. For example, if one astrologer writes a flowing, story-like analysis of Saturn’s impact, complete with unique metaphors or client-specific advice, and another astrologer verbatim copies that entire written passage into their own report, the latter would be infringing. But if the second astrologer merely states the same astrological principle in their own words, that’s not infringement. The focus is on protecting the form of expression, not the underlying astrological facts or theories.
Additionally, the fear that granting copyright will lead to monopolization of common astrological concepts is mitigated by the idea-expression dichotomy in copyright law. This principle says that ideas, procedures, systems, or common concepts cannot be owned by anyone (they are free for all to use); only the specific expression of those ideas can be owned. Thus, the general idea that “Rahu in the tenth house can indicate obsessive ambitions” is an idea (or at most a fact of astrological tradition) – not protectable. But a beautifully written narrative comparing a person’s Rahu influence to, say, a well-known mythological story, framed in the astrologer’s unique language, is protectable expression. By applying this doctrine, courts can avoid any conflict between protecting astrologers and preserving the shared traditions of astrology. They would look at whether an alleged infringer took the creative elements of another’s work (e.g. copying exact phrasing, a unique chart graphic, or an original explanatory analogy) as opposed to just using common interpretations that everyone in the field uses. While astrology draws from a shared body of knowledge, the doctrine of merger reminds us that protection is reserved for expressions where there is room for creativity. A rote statement like “Saturn delays success” may not be protectable due to the merger of idea and expression. However, a richly narrated, metaphor-laden reading drawing on epic mythology and personal storytelling crosses into protectable creative territory.
Conclusion
Astrological readings in the Vedic tradition occupy a fascinating space between the ancient and the contemporary, the scientific and the artistic. On one hand, they are rooted in centuries-old texts and mathematical calculations; on the other, each reading is a one-of-a-kind narrative crafted by the astrologer. In many ways, an astrologer functions like an author, editor, and artist combined – calculating data, interpreting meanings, and presenting a coherent piece of work to an audience. By recognizing these outputs as copyrightable, the law would be acknowledging that creativity. Such recognition could professionalize the field further and encourage astrologers to produce higher quality, original content, knowing that their intellectual property is protected. It would also deter wholesale copying and give astrologers and astrology platforms legal tools to defend their work, which is increasingly important in an era of digital content and online services.
Crucially, extending copyright to this domain does not stifle the practice of astrology or the sharing of astrological ideas. Instead, it protects the unique expression each astrologer brings to the table. Just as two chefs can use the same recipe but write very different cookbooks (each protected in its expression), two astrologers can use the same classical chart interpretation rules yet produce distinct written readings, each worthy of protection. Copyright law, both in India and abroad, has always evolved to encompass new forms of creative expression. Vedic astrological readings, with their blend of scientific data and creative mythological narrative, represent a form of expression that is at once traditional and novel. Embracing them under the umbrella of copyright would underscore the principle that wherever there is originality and authorship – even in the stars – the law is ready to shine its protection on it.
Authored By: Mr. Sanjith Gurikar
Mr. Sanjith Gurikar is a final year BA LLB Student at PES University specializing in Intellectual Property Rights. He has completed certifications in copyright and patent law from institutions such as HKUST and the University of Pennsylvania. He has also been recognized for legal writing and moot court achievements, including the Best Memorial Award at the MS Ramaiah National Moot Court Competition.
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