India's intellectual property (IP) landscape, particularly in copyright law, remains relatively nascent compared to more established jurisdictions. Despite significant legislative advancements, the country's jurisprudence on copyright is continually evolving. The Indian Copyright Act of 1957, though comprehensive, often lags behind, in comparison to the dynamic nature of global copyright issues and jurisprudence. One such issue garnering attention in India is the application of the principle of de minimis in copyright law. Originating from the jurisprudence of the United States and Europe, this concept is derived from the Latin maxim 'De Minimis Non-Curat Lex', which implies that the law does not concern itself with trivial matters. This essentially means that matters which are too insignificant do not warrant any judicial intervention.
Over the past decade, while many countries are still grappling around the principle of de minimis, India has been proactive in its application in copyright related disputes, which can be evidenced through various judgments.
The first application of this principle was witnessed in the matter between India TV Independent News Service Pvt. Ltd & Ors. v. Yashraj Films Private Limited. The plaintiff (Yashraj Films Private Limited) alleged that the defendants (India TV Independent News Service Pvt. Ltd & Ors) had copied the first line of the popular Bollywood song "Kajra Re Kajra Re" in an advertisement. The Delhi High Court noted that the principle of de minimis as a defence under copyright law was "not well illuminated" in India, as it had only been previously applied as a defence in other legal sectors. Upon scrutinizing the matter, the Delhi High Court determined that the use of the song by the defendant did not constitute infringement but rather fell under the concept of de minimis, owing to the minimal use of the song and the lack of intent to infringe the copyright of the plaintiff. The Division Bench of the Delhi High Court laid down 5 principles that would stand as a test to draw the defence of de minimis, namely:
i) the size and type of the harm;
ii) the cost of adjudication;
iii) the purpose of the violated legal obligation;
iv) the effect on the legal rights of third parties;
v) the intent of the wrongdoer.
Similarly, in a suit filed by Saregama India Ltd. against Viacom 18 Motion Pictures & Ors. seeking injunction against the usage of the famous line from the evergreen song "Mere Sapno Ki Rani..." which was recited for an approximate duration of seven seconds, in their film "Special 26", the Calcutta High Court placed reliance on the India TV case elucidating the principle of de minimis. Justice IP Mukerji stated that since the words were merely recited without the use of the song's melody, copyright infringement could not be claimed over a phrase that was common nation-wide. While disposing the application, Justice IP Mukerji affirmed "Let us assume that the rendition of those four words was infringement of the plaintiff's copyright in the lyrics. It has no impact, no effect, and causes no loses to anybody. It is trifling. It is minimal. I would ignore it applying this principle".
As India's creative industries continue to flourish, striking a balance between protecting IP and fostering freedom of expression and creativity has become increasingly vital. The progressive inclusion of the de minimis principle in Indian copyright law signifies a positive shift towards aligning with international standards. It reflects a nuanced understanding of the complexities inherent in cases of copyright infringement. By adopting a pragmatic approach, Indian courts have demonstrated their commitment to ensuring that minor, insignificant and trifling uses of copyrighted material do not become the subject of unnecessary litigation. This approach not only alleviates the burden on the judicial system but also supports a more balanced and equitable legal framework.
Moreover, the incorporation of the de minimis principle encourages creativity and innovation by safeguarding creators against frivolous claims. It recognizes that not all uses of copyrighted material warrant legal action, especially when the impact is negligible. This understanding is crucial for fostering an environment where artistic expression and commercial interests can coexist harmoniously. As India continues to develop its IP landscape, learning from international paradigms and refining the application of principles like de minimis will be essential. By doing so, India can strengthen its copyright jurisprudence, ensuring it remains robust, fair, and conducive to the growth of its creative industries.
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