Today, On 30th May, The Delhi High Court directed Meta to restore the Instagram account of Harper’s Bazaar India. The account suspended due to three copyright strikes issued by Backgrid USA, a celebrity news agency. The court’s order emphasizes the importance of following due process before such suspensions.
New Delhi: The Delhi High Court ordered the restoration of the Instagram page of Harper’s Bazaar India, which, suspended following copyright strikes by the US-based celebrity news agency Backgrid USA. The court’s decision came after TV Today, the parent company of Harper’s Bazaar India, and Backgrid reached a consensus on the issue, with Backgrid stating,
“It would not have any objections to the restoration of the page”
The Division Bench of Justices Vibhu Bakhru and Tara Vitasta Ganju passed the order, clarifying that,
“It is an interim order and does not preclude the parties from pursuing their rights in other pending proceedings.”
The court’s decision highlights the importance of finding amicable solutions in copyright disputes, particularly when it involves the restoration of online platforms that are crucial for business operation.
TV Today, a media conglomerate, filed an appeal against a single-judge’s order that had merely issued notices on its interim relief application, without passing any interim order, on May 22.
Separately, the photography agency Backgrid made three copyright strikes against Harper’s Bazaar India for allegedly using fifteen Halloween pictures without authorization. As a result, the Harper’s Bazaar India Instagram page suspended due to these strikes.
Initially, TV Today filed a plea against Meta (the parent company of Instagram) before the High Court, in response to the suspension of the Harper’s Bazaar India Instagram page.
As the plea being deliberated, the High Court advised TV Today to seek relief from the Grievance Appellate Committee (GAC) established under the Information Technology Rules. Subsequently, the GAC affirmed Meta’s decision to suspend the Harper’s Bazaar India Instagram page.
In response, TV Today initiated legal action against Backgrid in the Delhi High Court. During proceedings on May 21, it revealed that Harper’s Bazaar reposted fifteen photographs from fan pages onto their platform, but Backgrid issued a copyright strike, resulting in the suspension of the page.
TV Today contended that their utilization of the photographs constituted fair use. However, Backgrid demanded nearly US Dollar 2,000 for each picture to rescind their strikes, despite typically charging much less for standard usage.
For TV Today, the legal team consisted of Senior Advocate Rajiv Nayyar, along with advocates Hrishikesh Baruah, Anurag Mishra, and Kumar Kshitij.
Read Also: TV Today vs US Company in Delhi HC | Copyright Strikes Against Instagram Page
Backgrid USA represented by Advocates Pravin Anand, Vaishali Mittal, and S Chamola.
The legal team for Meta included Advocates Tejas Karia, Varun Pathak, Amee Rawa, Vibhuti Vasisth, and Tejpal Singh Rathore.
The Union of India represented through Central Government Standing Counsel (CGSC) Nidhi Raman, as well as advocates Zubin Singh and Yashaswi SK Chocksey.