Delhi High Court held that small amounts of usage of songs in a programme by India TV does not amount to copyright infringement
BestMediaInfo Bureau | Delhi | August 22, 2012
In an ongoing legal dispute between India TV and Yash Raj Films, the Division Bench of Delhi High Court consisting of Justice Pradeep Nandrajog and Justice Manmohan Singh has delivered a breakthrough judgment in favor of India TV .The honourable court has yesterday held that small amounts of usage of songs in a programme by India TV does not amount to copyright infringement.
The Delhi High court was dealing with a dispute involving India TV and Yashraj Films where the High Court has said that use of five words of the song ‘Kajrare’, “Mera Chen vain sab ujhda” in a promo for a consumer affairs program telecast on India TV and singing a portion of the song “Salaam Namaste” in a one hour programme “INDIA BEATS” of India TV by Vasundara Das whose life was being reviewed, amounts to Fair Use, as the same is DE MINIMIS i.e., very little usage compared to the whole programme.
In light of the judgment, MD & CEO India TV, Ritu Dhawan said,” The ruling itself is a victory for the channel and Media Houses alike and places their right of 'Fair Use' at the forefront”
Prathiba Singh, renowned Intellectual Property lawyer appearing for India TV in the High Court said", the court has protected the rights of artists and creators on one hand and news channels on the other. The court has held that if every form of usage of even small bits is infringement then creativity would be stultified."