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.