• UGI USER
  • Nov 26, 2023
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COURT SCRUTINIZING COPYRIGHT FOR STREET ART

Why in the News?

  • The Delhi High Court is set to examine whether street art, specifically murals in public spaces, qualifies for copyright protection. 
  • This follows a legal dispute initiated by St+Art India Foundation and Mexican muralist Paola Delfin Gaytan, asserting their copyright over the mural titled ‘Humanity.’
Source: The Hindu

 Advertising Controversy

  • In February, Acko General Insurance, in an advertising campaign, utilized an image of the ‘Humanity’ mural on a public building in Mumbai.
  • St+Art and Gaytan objected, issuing a legal notice to Acko, urging the removal of the hoarding and associated social media posts.

Acko’s Defense:

  • Acko responded, claiming “fair use” and contending that since the mural is permanently located in a public space, its use doesn’t constitute copyright infringement.
  • The insurance company argued that the artwork is accessible to the public.

Legal Proceedings:

  • Disagreeing with Acko’s stance, St+Art and Gaytan approached the High Court, asserting their copyright ownership and emphasizing Acko’s commercial use of ‘Humanity.’
  • The court, in a November 10 order, recognized the hoarding as an advertisement.

Court’s Directive:

  • The Delhi High Court has directed Acko to take down all online content related to the mural and is slated to hear the case in February next year.
  • The legal examination could have broader implications for the intersection of street art, public spaces, and copyright protection.