38.6c New Delhi, India, Sunday, June 16, 2024
Judiciary

Delhi HC Seeks Responses from Meta and Backgrid USA on TV Today's Suit Over Harper's Bazaar India Instagram Suspension

By Jhanak Singh      23 May, 2024 04:04 PM      0 Comments
Delhi HC Seeks Responses from Meta and Backgrid USA on TV Todays Suit Over Harpers Bazaar India Instagram Suspension

New Delhi: The Delhi High Court on Wednesday sought responses from Meta and US-based celebrity news agency Backgrid USA regarding a suit filed by TV Today seeking the restoration of Harper's Bazaar India's Instagram page.

Justice Anish Dayal issued notice and scheduled the next hearing for July 9. 

However, the Court stated that it could not issue ad hoc directions in the case.

"We can’t pass an ad hoc order in this matter. We do not want to tread on the legal right in an ad hoc manner," the Court said.

The Court also noted that Harper's Bazaar cannot claim complete innocence in the matter.

"You cannot say you have not committed any sin. You can say I did not know it was a sin."

Advocate Hrishikesh Baruah, representing Harper’s Bazaar, informed the Court that their Instagram page has nearly 7,000 posts, of which only three were found to be infringing, yet the entire account was suspended.

Baruah mentioned that they had attempted to negotiate with Backgrid to withdraw their copyright strikes, but Backgrid demanded "extortionist prices" for the photographs.

Advocate Tejas Karia, representing Meta, argued that the action against Harper’s Bazaar was in accordance with the IT Rules and Meta’s policy. Karia stated that notices were issued to Harper’s Bazaar before their account was taken down.

“There is clear provision in the IT Rules for take down of the handles in case of copyright violation. Rule 3(1) says due diligence by the intermediary and an intermediary has the right to remove the copyrighted content. I have right under the Rules to terminate his account which I have exercised,” he said.

Backgrid had made three copyright strikes against Harper's Bazaar India for allegedly using fifteen Halloween pictures without authorization.

After the Harper's Bazaar India Instagram page was suspended due to these strikes, TV Today initially filed a plea against Meta (which owns Instagram) before the High Court.

The High Court advised TV Today to approach the Grievance Appellate Committee (GAC) constituted under the Information Technology Rules for relief.

The GAC upheld Meta's decision to suspend the Harper's Bazaar India Instagram page.

Following this, TV Today filed a case against Backgrid before the Delhi High Court.

On May 21, the Court was informed that Harper’s Bazaar had sourced fifteen photographs from fan pages and posted them on their platform, leading to a copyright strike by Backgrid, which resulted in the page's suspension.

TV Today argued that the use of the photographs constitutes fair use, but Backgrid demanded nearly USD 2,000 for each picture to revoke their strikes, even though they charge much less for normal use.

[Case Title: TV Today Network Limited & Anr v Backgrid USA Inc & Ors].



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

'Without documentary proof, Waqf Board can't lay claim over any property' 'Without documentary proof, Waqf Board can't lay claim over any property'

In 2012, the Anjuman Committee addressed a letter to the Chairman of the Waqf Board stating there is a wall and Chabutrah (platform) on a 'Tiranga Ki Qalandari Masjid’ where in olden times laborers used to offer prayers.

Delhi High Court Sets Aside Arbitral Tribunal's Award Against NHAI in Highway Project Delay Case [Read Judgment] Delhi High Court Sets Aside Arbitral Tribunal's Award Against NHAI in Highway Project Delay Case [Read Judgment]

The Delhi High Court sets aside an Arbitral Tribunal's award favoring IRB Pathankot Amritsar Toll Road Ltd over a delay in a highway project. The court finds that the tribunal did not address the essential dispute of whether the National Highways Authority of India (NHAI) was in material default, rendering the award invalid.

Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order] Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order]

A Delhi court refuses to stay the defamation case filed by Union Cabinet minister Gajendra Singh Shekhawat against Rajasthan Chief Minister Ashok Gehlot. The court declined to stay the summons and sets a hearing date for August 19.

Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case

Delhi High Court is set to begin day-to-day hearings from August 28 for appeals by CBI and ED against acquittals in the 2G spectrum allocation case, expressing displeasure over adjournment requests. The case involves former telecom minister A Raja and business entities. Learn about the proceedings and details of the case.

TRENDING NEWS

india-tv-journalist-rajat-sharma-sues-congress-leaders-for-defamation
Trending Judiciary
India TV journalist Rajat Sharma sues Congress leaders for defamation

Veteran journalist Rajat Sharma sues Congress leaders for defamation in Delhi HC, alleging tweets damaged his 40-year reputation. Justice Krishna reserves order.

15 June, 2024 12:09 PM
miscreants-scribble-ram-on-goat-headed-for-bakri-eid-sacrifice-gau-gyan-foundation-demands-action
Trending Crime, Police And Law
Miscreants scribble "Ram" on goat headed for Bakri Eid sacrifice, 'Gau Gyan Foundation' demands action

Miscreants scribble 'Ram' on goat headed for Bakri Eid sacrifice in Mumbai, animal welfare organization Gau Gyan Foundation demands police action for hurting religious sentiments.

15 June, 2024 05:49 PM

TOP STORIES

madras-hc-directs-tn-puducherry-to-implement-lawyers-welfare-schemes-and-ensure-minimum-pay-for-junior-advocates
Trending Judiciary
Madras HC directs TN, Puducherry to implement Lawyers' Welfare Schemes and ensure minimum pay for junior advocates [Read Order]

Madras HC directs TN and Puducherry to implement lawyers' welfare schemes and ensure minimum stipends for junior advocates, addressing delays and exploitation concerns.

10 June, 2024 12:03 PM
supreme-court-extends-time-for-aap-to-vacate-office-premises-by-aug-10
Trending Judiciary
Supreme Court extends time for AAP to vacate office premises by Aug 10

SC extends AAP's deadline to vacate office till Aug 10, allowing more time for transition despite no alternative space being provided.

10 June, 2024 12:24 PM
delhi-hc-rejects-plea-of-isis-terrorist-who-planned-haridwar-kumbh-mela-terror-attacks
Trending Judiciary
Delhi HC rejects plea of ISIS terrorist who planned Haridwar Kumbh Mela terror attacks [Read Judgment]

Delhi High Court refuses relief for Haridwar Kumbh Mela attack planner ISIS terrorist Mohsin Ibrahim Sayyed.

10 June, 2024 01:31 PM
cant-pass-order-on-the-basis-of-newspaper-reports-sc-castigates-delhi-govt-on-failure-to-remove-defects-in-wp-on-water-issue
Trending Judiciary
'Can't pass order on the basis of newspaper reports,' SC castigates Delhi govt on failure to remove defects in WP on water issue

'Can't pass order on the basis of newspaper reports,' SC castigates Delhi govt on failure to remove defects in WP on water issue

10 June, 2024 01:37 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email