The HOB and POI Uproar
Adv Triveni Singal
IP Attorney | US IP Paralegal | Brand & IP Asset Protection | Anti-counterfieting
Copyright pertains to the expression rather than the concept/idea.
The renowned "Humans of Bombay" has filed a lawsuit against "People of India" for alleged copyright infringement. They assert that the defendant has replicated their content, materials, literary works, films, and creative expressions disseminated across various social media platforms.
The Plaintiff has presented instances of imitation in the defendant's work, one of which I have displayed below.
A cursory examination of these instances prima facie suggests a substantial degree of imitation, with some even featuring identical images. Consequently, a notice has been dispatched to the Defendants.
From an intellectual property (IP) standpoint, it is justifiable that the court has accepted this plaint and issued notice to the Defendants, affording them the opportunity to formulate their defense and present their perspective on the matter.
It is worth emphasizing that copyright safeguards the specific expression of a work, rather than the underlying idea. The replication of similar storylines and accompanying images does indicate a potential element of bad faith. After all, "People of India" should possess a wealth of original content given their extensive repository of stories to draw from.
The fundamental concept of conducting research, engaging with individuals, and publishing their stories on online platforms is not shielded by copyright and is open for anyone to undertake. Nonetheless, the manner in which information is presented, along with supporting literature, images, and audio-visual components, is undoubtedly safeguarded.
The question of whether the Defendants have infringed upon the Plaintiff's intellectual property is a matter for the future, with resolution contingent upon the Defendants' forthcoming defense.
Nonetheless, it remains a pertinent question from an IP pov.