A recent copyright case in the Delhi court has been dealing with an interesting question of whether street art or murals in public spaces can be copyrighted? St+Art India Foundation – a non-profit organization investing in incorporating art in urban spaces– has filed a lawsuit against a company called Acko General Insurance for using fellow artist Paola Delfin’s mural in its advertisements. While the former claimed copyright and moral rights over the artwork, the insurance company said that placing the mural in a public space exempts it from copyright infringement.
The non-profit alleged that Acko used the mural for commercial benefits in a hoarding and multiple social media posts, violating the organisation’s copyright. However, the insurance company in a letter sent to St+Art Foundation on April 3, 2023, argued that Section 52(1)(t) of the Copyright Act, 1957 allows artistic work permanently placed in public areas to be used by anyone under fair use.
In this video, MediaNama journalist Vallari Sanzgiri highlights key points of discussion in the case that set it apart from usual copyright cases.
Watch the video to know more:
Also Read: