Delhi High Court Directs Acko General Insurance To Take Down Social Media Posts Using St+art India’s ‘Humanity’ Mural

The Delhi High Court has directed insurance company Acko General Insurance to take down its social media posts using a mural titled “Humanity” in a copyright infringement suit filed by St+art India, an organization that works on art projects in public spaces.

As the insurance company agreed to take down the social media posts and other online postings using the mural, Justice Prathiba M Singh said:

“…accordingly, it is directed that the Defendant shall take down the said listings within 72 hours. Specific URLs displaying the said mural on the Defendant’s posts, if any, may also be communicated to the Defendant by the Plaintiffs. The above order shall be without prejudice to the rights and contentions of both parties.”

St+art India, in its suit, claimed that it has the copyright of the artistic work under Section 2(c)(i) and Section 13(1)(a) of the Copyright Act, 1957. The organization also asserted moral rights over the work as recognised in Section 57 of the enactment.

As per the suit, the mural was created by an artist in collaboration with St+art India under an agreement, for which admittedly no rights have been licensed to any third parties.

It was alleged that the insurance company had used the moral in an advertisement by way of a hoarding and social media posts for its commercial benefit.

The counsel appearing for the insurance company submitted that the legal notices issued by the plaintiff organization had led to a resolution of dispute, after which it did not expect any further litigation. It was also submitted that the hoarding itself had been removed.

Issuing summons in the suit, Justice Singh observed that the hoarding incorporating the mural is clearly an advertisement and that though the insurance company had confirmed its removal, it still continued to remain on online platforms.

The court observed that the issue as to whether the insurance company’s conduct would constitute fair dealing or not under the Copyright Act, 1957, requires adjudication.

“There is no doubt in the present case that the advertisement of the Defendant reproduced the mural. There could not have been a presumption that the same was a public domain work that could be used in the manner as the Defendant has done. The same is not for a mere public messaging but for an advertisement – albeit, with a social cause. The use being for a commercial purpose by the Defendant, the question whether the same qualifies as fair dealing or fair use, would require to be examined,” the court said.

Furthermore, the court clarified that it had not made an opinion on the legal issues in the matter and that the order was passed at an ad-interim stage, considering the submissions made on behalf of the insurance company.

The matter will now be heard on February 02, 2024.

Counsel for Plaintiffs: Pravin Anand, Mr. Dhruv Anand, Ms. Udita Patro, Ms. Sampurnaa Sanyal and Ms. Nimrat Singh, Advocates

Counsel for Defendant: Peeyoosh Kalra, Ms V. Mohini and Ms. Aarti Aggarwal, Advocates

Title: ST+ART INDIA FOUNDATION & ANR. v. ACKO GENERAL INSURANCE

Citation: 2023 LiveLaw (Del) 1127

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