India TV wins case against Yash Raj Films for ‘fair use’ of “Kajra Re’ etc on news shows

22 Aug,2012

By Ananya Saha

 

In an ongoing legal dispute between India TV and Yash Raj Films, the Division Bench of Delhi High Court consisting of Justice Pradeep Nandrajog and Justice Manmohan Singh has delivered a breakthrough judgment in favour of India TV. The honourable court has held that small amount of usage of songs in a programme by India TV does not amount to ‘copyright infringement’.

 

The Delhi High court was dealing with a dispute involving India TV and Yashraj Films. The High Court has said that use of five words of the song ‘Kajrare’, ‘Mera chain vain sab ujda’ in a promo for a consumer affairs program telecast on India TV and singing a portion of the song ‘Salaam Namaste’ in a one-hour programme ‘India Beats’ of India TV by Vasundhara Das whose life was being reviewed, amounts to ‘fair use’, as the same is de minimis, that is, very little usage compared to the whole programme.

 

India TV MD & CEO Ritu Dhawan said, “The ruling itself is a victory for the channel and media houses alike, and places their right of ‘fair use’ at the forefront.”

 

Prathiba Singh, intellectual property lawyer appearing for India TV, said, “The court has protected the rights of artists and creators on one hand and news channels on the other. The court has held that if every form of usage of even small bits is infringement, then creativity would be stifled.”

 

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