Humans Of Bombay Controversy: Delhi HC Says Platforms Cannot Use Each Other's Copyrighted Work But No Copyright Over 'Ideas'

The Delhi High Court on Wednesday said that both social media platforms Humans of Bombay and People of India could not use each other's copyrighted material. The court argued that while there is no copyright in an idea, if the expression of the idea was copied, it could constitute copyright infringement.

Humans of Bombay filed a lawsuit against a similar online storytelling portal called 'People of India' over copyright infringement, which many criticised as 'hypocritical'.  People of India had used images and videos from its platform without permission, the Mumbai-based platform alleged. 

PoI also argued that HoB could not claim copyright over the concept of a storytelling platform and that both platforms were inspired by the model established by Humans of New York. The court emphasized that the key issue was not who originated the idea, but whether either party had copied the other's specific content, such as images, according to a report by Bar and Bench. 

Noting there cannot be a 'monopoly' over running a story-telling platform, the court stated that all platforms ought to adopt their own creative expression to communicate and disseminate their stories. "If photos are commissioned or videos produced by the platform (POI or Humans of Bombay), the copyright would be vested in the respective platform and they would be cinematograph works," it added, as per Bar and Bench. 

The court further directed both platforms to refrain from using each other's copyrighted work, including commissioned photos, original stories, videos commissioned by themselves, and their manner of expression. 

After the court gave its order, HOB Founder Karishma Mehta issued a statement saying that while they have always been grateful and inspired by HONY, their legal case was about 'substantial imitation'. "We're extremely grateful to the Delhi High Court, as they have upheld our contentions and passed a permanent injunction, restraining the defendant from plagiarizing our literary works and creative expressions," Karishma said.

The controversy made headlines for a few days after Humans of New York founder Brandon Stanton also joined in in calling out the Indian platform. Stanton said he welcomed anyone using the concept "to express something true and beautiful about their community" but did not identify with anyone using it "to create a certain lifestyle for themselves" -- taking a dig at HOB that offers clients the opportunity to be featured on its posts in return for a fee.

Karishma today said she was at the receiving end of bullying and a slew of personal attacks, including death and rape threats towards her, her team, and her family. "While we did not expect to be vilified to this extent, it will not deter us from continuing to tell important stories that change the
narrative, and sometimes, even change lives," she said.