The
Delhi High Court on Wednesday said storytelling platforms Humans of Bombay and
People of India cannot copy each other’s copyrighted material but ruled that
there is “no copyright on an idea”.
Justice
Prathiba M Singh said that if the “expression” of an idea was imitated or
copied it would qualify for copyright infringement.
“Both
the platforms, that is Humans of Bombay and People of India, shall refrain from
using each other’s copyrighted works that is, commissioned photographs,
literary works such as interviews and original pieces written by their own
authors, any videos that have been commissioned by themselves and the manner of
presentation that has been adopted by the platforms in respect of a particular
subject or individual,” the court said.
It
added that as far as an individual’s own photographs from their own private
collection were concerned, there could be no copyright claim by either of the
platforms.
Humans
of Bombay is a storytelling platform that features photo blogs of people living
in Mumbai; it was started in 2014 by Karishma Mehta, inspired by photographer
Brandon Stanton’s Humans of New York that was four years older.
Humans
of Bombay had sued People of India for appropriating its films, literary works,
unique format of storytelling, creative expression and presentation of
storyboard.
The
court, while hearing the case in September, had sent a summons to People of
India asking it to file a response.
After
media reports of the case surfaced, Stanton stepped in and posted on X(formerly
Twitter), “I've stayed quiet on the appropriation of my work because I think
@HumansOfBombay shares important stories, even if they've monetized far past
anything I'd feel comfortable doing on HONY. But you can't be suing people for
what I've forgiven you for.”
This
sparked a huge reaction from netizens and several accounts pointed out that HoB
had itself copied the idea of storytelling from HoNY. Some accounts also dug up
Mehta’s old videos in which she said that she had just stumbled upon the idea
of HoB out of the blue.
HoNY’s
Stanton also said he admired the Humans of Amsterdam project(with the same storytelling
format as HoNY) because its creator does not treat people's stories as 'the
front end of a business'.
HoB
hit back that day on X saying, "Perhaps, before jumping the gun on this
matter, you ought to have equipped yourself with information about the case.”
After
this Stanton released a statement saying, “I cannot provide an informed opinion
on the intricacies of copyright law, but I do have an opinion on what it means
to be an artist….But, when art begins with a profit motive, it ceases to become
art.”
PoI
in its response on Wednesday argued in court that HoB could not claim copyright
over the concept of a storytelling platform because both platforms(HoB and PoI)
were inspired by the HoNY model.
The
Court, however, said that the main issue was not who had the original idea but
whether either party had copied each other’s content. PoI had also claimed that
HoB had copied some of their images.
PoI
also said that when subjects(people whose stories are told) themselves had sent
them their images, a case of copyright infringement could not be claimed by
HoB.
The
Court said that while there is no monopoly in running a story-telling platform,
all platforms ought to adopt their own creative expression to tell their
stories.
"If
any photographs are commissioned, the copyright in the said photographs would
vest in the platform. Similarly, if any videos are produced, the copyright in
the said videos would vest in the platform themselves and they would qualify as
cinematograph works," the court stated.
After
the case, Mehta released a statement saying, “Humans of Bombay is a business;
that's something we have never hidden. While some may choose to monetize
stories through mediums like books and subscription platforms, we have chosen
to do it primarily through meaningful campaigns with partner brands. To this
date, what motivates me and my team to work extremely hard is our love for
storytelling - because we've witnessed how the stories we've told over the last
10 years have had a lasting cultural impact."