Is ‘fair use’ really fair to artists under Indian copyright law?

Can media organisations use the work of independent artists without credit or payment? Does it not amount to a violation of an artist’s copyright?

In recent years, several independent photographers, filmmakers and writers have accused mainstream media organisations of using their photographs, videos and writings without proper attribution, and sometimes even presenting them as their own content.

The issue came into sharp focus in December when Emmy-nominated filmmaker and photographer Ronny Sen filed a civil suit against Zee News seeking Rs 18 crore in damages. He accused the channel of a deliberate act of copyright infringement, alleging it had used his exclusive cinematographic work documenting the transport of cheetahs from Africa to India without authorisation.

A commercial court in Kolkata admitted the suit and will hear the matter.

Sen told Scroll that what had happened was “quite outrageous”. He alleged that Zee didn’t only “steal the work but have claimed it as exclusive and suggested that only they had access to it”.

Zee News did not respond to Scroll’s email seeking a response to the allegation.

Sen said that he hopes that “courts will do something so that the rights of photographers like me can be secured”.

For Sen, this was not an isolated incident involving Zee News. He has pointed out that, as far back as 2014, one...

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