In a recent legal battle that has caught the attention of many, Humans of Bombay (HOB) has approached the Delhi High Court, seeking action against People of India (POI) for alleged copyright infringement. HOB, a popular storytelling platform with over 2.7 million followers on Instagram, claims that POI has copied its works, leading to a legal showdown. In this article, we will delve into the details of this case, the concept of copyright infringement, and when it applies.
The Battle Unfolds
HOB operates a storytelling platform where individuals’ stories are shared through interviews, write-ups, and posts. They put significant effort into researching and approaching subjects to narrate their life stories. These narratives are then transformed into audio-video content and posted on their website and social media platforms.
POI, on the other hand, operates a similar platform on Instagram, boasting around 1.5 million followers. HOB alleges that POI has replicated several images and videos from their platforms without authorization. Consequently, HOB sought a court order directing POI to remove all of HOB’s works used directly or indirectly.
Copyright Infringement and Passing Off
This legal dispute centers around the concepts of “copyright infringement” and “passing off.”
Understanding Copyright Infringement
Copyright refers to the legal rights granted to creators of various works, including literary, dramatic, musical, and artistic creations, as well as cinematograph films and sound recordings. These rights encompass reproduction, public communication, adaptation, and translation of a work. Essentially, copyright protects the intellectual property of creators.
In HOB’s plea, they argued that POI had created a portal or service identical to theirs, leading to “substantial imitation.” However, what constitutes substantial imitation can vary from case to case. In many instances, it involves the quality of the copying rather than the quantity. For example, even copying a short, catchy phrase from a song can be considered infringement.
To establish copyright infringement, a substantial part of the copyrighted work must be used without authorization. In such cases, the copyright owner can take legal action, seeking remedies like injunctions, damages, and accounts. An injunction is an official court order to prevent someone from engaging in certain actions.
The Issue of Passing Off
Apart from copyright infringement, HOB’s plea also asserts “passing off and unfair competition.” This arises from the similarities between the infringing content and HOB’s own work. HOB claims that POI knowingly and deliberately published content that is identical or substantially similar to their own, attempting to capitalize on HOB’s established goodwill.
Passing off occurs when a brand’s logo or product is imitated in a way that can deceive consumers. While the infringing products don’t need to be identical, there must be a similarity in the nature, character, and performance of the goods or services. This concept was established by the Supreme Court in the Cadila Healthcare Limited vs. Cadila Pharmaceuticals Limited case in 2001.
To establish passing off, one must prove deception, misrepresentation, or harm to the reputation of the original mark’s owner. It involves unfair trade competition, where one party seeks to benefit from the reputation built by another in a particular trade or business.
Legal Proceedings and Future Steps
On September 18, Justice Prathiba Singh issued summons and notice to POI Social Media Private Limited. The court directed HOB’s counsel to file an affidavit within a week regarding the Delhi High Court’s jurisdiction in the case. The next hearing on October 11 will consider HOB’s application for interim relief.
While an injunction can act as a deterrent, it doesn’t guarantee the immediate correction of all instances of misuse. HOB may need to issue separate takedown orders to online intermediaries, such as Google, to remove infringed works.
Conclusion
The case of Humans of Bombay vs. People of India highlights the importance of protecting creative works and intellectual property. Copyright infringement and passing off are serious legal issues that creators and businesses must address to safeguard their content and reputation.
If you have any questions about copyright infringement, passing off, or legal proceedings in such cases, please feel free to read our FAQs below.
FAQs
- What is the difference between copyright infringement and passing off?
- Copyright infringement involves the unauthorized use of a substantial part of a copyrighted work. Passing off, on the other hand, occurs when there is deception, misrepresentation, or harm to the reputation of a brand or mark due to similarities with another’s work or brand.
- What remedies can a copyright owner seek in cases of infringement?
- Copyright owners can seek remedies such as injunctions, damages, and accounts. An injunction is a court order to prevent further infringement.
- How can I protect my creative work from copyright infringement?
- To protect your creative work, consider registering it with the relevant copyright authorities. Additionally, monitor the use of your work and take legal action if infringement occurs.
- Is passing off applicable only to trademarks and logos?
- Passing off can extend beyond trademarks and logos. It can apply to any situation where there is deception or misrepresentation leading to harm to the reputation of a business or individual.
- What steps should I take if I believe my copyright has been infringed?
- If you believe your copyright has been infringed, consult with legal counsel to understand your options. You may need to send cease-and-desist letters or seek legal action to protect your rights.
