Section 52 of the Copyright Act, 1957

Source: Delhi High Court

Why in News?

A bench of Justice Pratibha M Singh heard plea of St+art India Foundation related to Copyright Infringement of its mural “Humanity”.

• The Delhi High Court gave this judgment in the case of St+art India Foundation & Anr. v. Acko General Insurance.

What is the Background of St+art India Foundation & Anr. v. Acko General Insurance Case?

• The Plaintiffs’ case is that they are involved in urban regeneration by incorporating artistic works to make urban cities and spaces more interesting and artistic.
• The Plaintiffs claims their name ‘St+Art’ suggests that they play an instrumental role in embedding artistic elements in the streets of India.
• According to the Plaintiffs, the Defendant has reproduced its mural for commercial benefit.
• In February and March 2023, the Plaintiffs issued a legal notice calling upon the Defendant to remove the said hoarding.
• Additionally, they called upon the Defendant to take down the related Instagram posts and other online media posts.
• The Defendant claimed that it is exempt from infringement in view of Section 52(i)(t) and 52(i)(u) of the Copyright Act, 1957.
• However, as per the judgment the Plaintiff contented that the said mural, despite being in a public space, is temporary and not permanently situated.
• As per the Plaintiffs, Section 52(1)(t) of the Copyright Act, 1957 is limited to works such as paintings, drawings, engravings, or photographs of sculptures or other artistic works under a different subclause.
  • The mural in question is a painting, falling under a separate category, and thus, the provision under Section 52(1)(t) of the Copyright Act, 1957 does not apply.

What was the Court’s Observation?

• The Delhi HC observed that “It is directed that the Defendant shall take down the said listings within 72 hours”.

What is Section 52 of the Copyright Act, 1957?

• Section 52 provides for certain exemptions from copyright infringement. Some of the exemptions include:
  • Fair Use:
    • The use of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research is considered fair use and may not be considered infringement.
  • Reproduction for Personal Use:
    • Making a single copy of a literary, dramatic, musical, or artistic work for personal use (not being a computer program) is generally exempted.
  • Performance by Amateurs:
    • The performance of a literary, dramatic, or musical work by amateurs, where the performance is given to a non-paying audience or where the proceeds are applied to charitable or educational purposes, is exempted.
  • Reproduction or Publication of Certain Works:
    • The reproduction or publication of certain works for the purpose of judicial proceedings, or for the purpose of reporting of current events, is exempted.
  • Recording of Broadcasts:
    • The making of sound recordings of a broadcast for private or domestic use is exempted.

What Legal Provision is Involved?

Section 52 (t) & (u) of the Copyright Act, 1957:

(t) the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work falling under sub-clause (iii) of clause (c) of section 2, if such work is permanently situate in a public place or any premises to which the public has access;

(u) the inclusion in a cinematograph film of—

(i) any artistic work permanently situate in a public place or any premises to which the public has access; or

(ii) any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film.