The Delhi High Court recently caught media attention when it summoned the Instagram account, People of India (POI), over a copyright infringement lawsuit filed by Humans of Bombay (HOB). The controversy surrounds the remarkable similarities in their storytelling approach, leading HOB to claim that POI plagiarised their content. This legal tussle underscores essential legal concepts related to copyright infringement, injunctions, and passing off.
Key Terms in Copyright Infringement Disputes
Copyright is the legal protection extended to creators of tangible creative works such as literature, drama, music, and art, including makers of cinematograph films and sound recordings. The Copyright Act of 1957, reinforced by the Copyright (Amendment) Rules 2021, protects these creations as intellectual property. However, it’s worth noting that copyright safeguards expressions, not ideas. Copyright owners can take legal recourse against infringements, including seeking remedies like injunctions, damages, and accounts.
Injunctions: A Legal Tool for Copyright Owners
In the ongoing HOB versus POI case, HOB has sought an injunction to stop POI from infringing their copyrighted content further. An injunction is a court order usually requiring someone to cease a particular action. While securing an injunction does not guarantee instant rectification of misuse, it remains a potent legal instrument for copyright owners.
Defining Copyright Infringement
Copyright infringement happens when a copyrighted work is used without the owner’s consent, especially if a significant portion of the work is reproduced. In the HOB-POI dispute, the court noted a “‘substantial imitation” of HOB’s work by POI. What qualifies as “substantial” can differ from case to case – it usually depends on the quality of the copied content rather than the quantity. Even replicating a catchy phrase from another’s work can be deemed an infringement.
Understanding Passing Off
Passing off is a form of unfair trade competition wherein one party tries to gain from the reputation of another in a specific trade or business. The Supreme Court, in the Cadila Healthcare Limited vs. Cadila Pharmaceuticals Limited case, 2001, declared passing off involves deceiving consumers regarding the nature, character, or performance of products or services associated with competing traders. To prove a passing off claim, there must be evidence of deception or harm to the original owner’s goodwill and reputation.
The Position of Artificial Intelligence under Copyright Law
The legal status of Artificial Intelligence under copyright law is still evolving and remains a topic of interest for legal scholars and practitioners alike.
Insight into the UPSC Civil Services Examination’s Previous Year Question on Copyright Laws
In the 2019 UPSC Civil Services Examination, the following question was posed:
Consider these statements:
– According to the Indian Patents Act, a biological process to create a seed can be patented in India.
– In India, there is no Intellectual Property Appellate Board.
– Plant varieties are not eligible to be patented in India.
Which of these statements is/are correct? The answer is: Plant varieties are not eligible to be patented in India. The explanation being:
– Section 3(J) of the Indian Patent Act excludes from patentability plants and animals in whole or any part thereof other than microorganisms, including seeds, varieties, and species, and essentially biological processes for production or propagation of plants and animals.
– The Intellectual Property Appellate Board (IPAB), established in 2003, hears and decides appeals against decisions of the registrar under the Indian Trademarks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999.
– Plant variety protection provides legal protection of a plant variety to a breeder in the form of Plant Breeder’s Rights (PBRs). In India, the Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001, is a sui generis system that aims to provide for the establishment of an effective system for the protection of plant varieties and the rights of plant breeders and farmers. A sui generis system is an alternative to the patent system.
Understanding these vital aspects of copyright laws can help in comprehending the relevance of the HOB vs. POI case and its implications on content creation in the digital age.
