Associated Broadcasting Company Limited Prevails Against Google LLC and Others in Landmark Copyright Case
In a landmark judgment, the Delhi High Court ruled in favor of Associated Broadcasting Company Limited (ABCL), the parent company of TV9, in a copyright infringement case against Google LLC and other parties. The Court declared that the use of portions of cinematographic works depicting natural events and global security threats by news broadcasters is permissible under the doctrine of fair dealing and does not constitute copyright infringement.
The plaintiff, ABCL, sought an injunction against several defendants, including Google LLC, to prevent them from issuing groundless threats of copyright infringement. The defendants had issued copyright strike notices against videos uploaded by ABCL on its YouTube channels, claiming infringement of copyrighted works. These works included footage of natural calamities and global security events.
The Court found that the defendants failed to appear or present a defense, leading to an ex parte decision. Judge Tejas Karia noted that the defendants did not furnish proof of ownership or authorship of the claimed copyrighted works. The Court emphasized that no copyright exists in mere facts, ideas, or news, and that such content is inherently public domain material.
Citing Section 52(1)(a)(iii) of the Copyright Act, the Court ruled that the usage of these works by ABCL was protected as fair dealing for the purpose of reporting current events and affairs. The judgment highlighted that the footage used was minimal and integrated into larger, transformative news reports, thus falling under the doctrine of de minimis.
Further, the Court examined the alleged groundless threats under Section 60 of the Act, which provides remedies against baseless claims of legal proceedings. The defendants' failure to substantiate their claims or pursue meaningful legal action rendered their threats groundless.
The Court issued an injunction restraining the defendants from issuing further copyright infringement threats and declared that ABCL's usage of the footage did not amount to infringement. The judgment sets a precedent for news broadcasters, affirming their right to use copyrighted footage under fair use provisions for reporting purposes.
Bottom Line:
Copyright law - Use of portions of cinematographic works depicting natural events and current affairs by a news broadcaster for reporting is permissible under the doctrine of fair dealing and de minimis use, and does not constitute copyright infringement.
Statutory provision(s): Copyright Act, 1957, Sections 52(1)(a)(iii), 60
Associated Broadcasting Company Limited v. Google LLC, (Delhi) : Law Finder Doc id # 2860160
