A few weeks ago, the Indian photoblog Humans of Bombay approached the Delhi High Court seeking an injunction to prevent People of India, an Instagram storytelling platform, from using their content. HOB alleged copyright infringement and stated that POI had copied a couple of their online content. After HOB released a statement, Humans of New York creator Brandon Stanton called them out and stated that HOB cannot hold POI hostage for suing POI for something he has forgiven them for. Basically, Humans of Bombay was inspired by Humans of New York and People of India posts similar content as HOB.
However, the case went to court and it recently had its hearing. HOB alleged that POI completely replicated its business model and a large number of pictures and videos were replicated by them and posted on social media.
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But here’s what the court observed:
1. There cannot be any monopoly in running a storytelling platform, reported Live Law. Humans of Bombay is not a “unique platform” and other platforms with a similar idea are being operated.
2. Ideas cannot be copyrighted. However, if the “expression of idea” i.e. the way in which a particular story is expressed is copied, then it would be a case of infringement of copyright.
3. If a subject shares a particular image or video with a storytelling platform, it cannot be covered by copyright unless a platform has commissioned the photo, reported Moneycontrol.
4. If a subject shares the same images with two different storytelling platforms, it cannot be copyrighted.
In the end, both parties agreed to not replicate each other’s photos, videos, “literary work and creative expression”.
What are your thoughts about this case?