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Can’t monopolise storytelling as an idea: HC in Humans of Bombay case

By, New Delhi
Oct 12, 2023 06:46 AM IST

The Delhi high court on Wednesday said that storytelling platforms “Humans of Bombay” and “People of India” cannot use each other’s copyrighted material but added that there can be no copyright claim for an individual’s private photos shared on either platform

The Delhi high court on Wednesday said that storytelling platforms “Humans of Bombay” and “People of India” cannot use each other’s copyrighted material but added that there can be no copyright claim for an individual’s private photos shared on either platform.

Humans of Bombay and People of India cannot use each other’s copyrighted material, rules Delhi high court. (HT Archive)
Humans of Bombay and People of India cannot use each other’s copyrighted material, rules Delhi high court. (HT Archive)

Emphasising that all platforms should adopt their own creative expression to communicate and disseminate their stories, justice Prathiba Singh ordered that both parties are prohibited from sharing each other’s original commissioned pictures, authored articles, and the specific manner and expression in which images are presented.

However, the court clarified that if a person voluntarily shares the same picture with both parties, it does not amount to a copyright claim. “In so far as the individual’s or subject’s own private photographs from their own private collection is concerned, there can be no copyright claim by either of the platforms,” it ordered.

“It is a settled legal position that there is no copyright in an idea, but if the expression of idea is copied, the same would constitute infringement of copyright. But all platforms ought to adopt their own creative expressions to communicate and disseminate the said stories. The copying of identical images and literary content and the manner in which stories depicted would be exclusive to the platforms. If photos are commissioned or videos produced by the platform (POI or HOB), the copyright would vest in the respective platform and they would be cinematographic works,” the court order stated.

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