ANI’s Copyright Lawsuit Against YouTubers: Delhi Court to Settle Fair Use Boundaries

ANI has alleged that several YouTubers have released new videos that include clips and news footage owned by ANI without seeking permission or obtaining media licenses. ANI’s case hinges on allegations of straightforward copyright infringement, and has sought an order of the court for content removal and damages. At the same time, a lot of creators have expressed that their only option to mitigate repeat strikes and channel bans, is to purchase annual licenses from ANI which are prohibitive.

Issue:

The primary issue is whether the extent of limited use of news footage and clips by the YouTubers, which was primarily for commentary, criticism or transformational purposes, qualifies as infringement of copyright law or as permissible dealing under Indian copyright law as fair dealing/fair use.
Judgement
In its copyright infringement case against YouTubers, the Delhi Court is deciding whether the use of ANI’s news video clips without clearance is in violation of copyright or qualifies as fair use. ANI asserts that the YouTubers used ANI’s copyrighted video without authorization and is seeking injunctions, takedowns, and damages. The YouTubers contend that their use is permissible under fair dealing for commentary and criticism. The Courts decision will delineate the bounds or scope of copyright protections for the digital online news media and encroachment of fair use in India, balancing the copyright protection of new media firms against the interests of creators’ freedom of expression. The case is still being pursued, and no final judgement has been rendered yet.

Reason:

ANI’s position is that their news content – including the broadcast footage and graphics as a whole – is their exclusive intellectual property and that any upload or reuse – no matter what the purpose – without the appropriate license is theft. The YouTubers and a few organizations representing digital rights counter that using small clips of the videos for transformative purposes like commentary or critique should be protected by fair dealing provisions, and abusing copyright law and YouTube’s strike system to demand expensive licenses inhibits online expression and press freedom. The Delhi Court will determine the extent to which a news agency like ANI may use copyright law to limit the reuse or commentary of its news on digital platforms, and how Indian copyright law balances favouring copyright protection for publishers with balancing the wider needs of new media creators, and the fundamental right of public to critique national speeches.