Trivial copyright offences not worth prosecuting

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Allowing an appeal in India TV Independent News Service Pvt Ltd & Ors v Yashraj Films Pvt Ltd, a two-judge division bench of Delhi High Court recently ruled that trivial infractions, such as where a short audio clip is played in the background of an advertisement, cannot be seen as copyright violations.

Copyright_coloured_lilacThe court noted that copyright invites the maximum trivial violations, as compared to other areas of the law. It held that trivial violations should preferably be adjudicated upon with reference to the legal maxim de minimis non curat lex, which translates to, the law does not concern itself with trifles.

The dispute between Yash Raj Films and India TV centred on alleged copyright violation in two instances: where five words from a popular song that Yash Raj Films had copyright over were used in the background of an advertisement on India TV; and where a singer who had lent her voice to the recording of songs that Yash Raj Films had copyright over had sung parts of the songs during a talk show on India TV.

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The update of court judgments is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.

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