Delhi High Court orders Meta to restore Instagram page of Harper's Bazaar India

The Delhi High Court on Thursday ordered the restoration of the Instagram page of TV Today-owned Harper’s Bazaar India which was suspended following copyright strikes by US-based celebrity news agency Backgrid USA [TV Today Network Limited & Anr v Backgrid USA Inc & Ors]. .A Division Bench of Justices Vibhu Bakhru and Tara Vitasta Ganju passed the order after TV Today and Backgrid reached a consensus and the latter stated that it would not have issues if the page is restored. The Court clarified that it is disposing of the plea on these terms and that it is an interim order. The Bench added that order will not preclude the parties from agitating their rights in other pending proceedings.As per the consent agreement, TV today acknowledged Backgrid’s copyright in the pictures and said that it has already removed the infringing pictures. TV Today stated that it will not engage in copyright violation for any future material belonging to Backgrid and if any breach is brought to its notice, the same shall be removed in 24 hours. .In case of a future breach, Backgrid reserved its rights to take legal action against the Plaintiff’s group, either by way of a suit or a counterclaim or a complaint before the relevant online intermediary in the USA or elsewhere, for injunctive relief and/or damages..The Court passed the order on an appeal filed by TV Today against a single-judge’s order which had merely issued notices on the media conglomerate's interim relief application on May 22, while refusing to pass any interim order..Backgrid had made three copyright strikes against Harper's Bazaar India for allegedly using fifteen Halloween pictures without authorisation.After the Harper's Bazaar India Instagram page was suspended on account of these strikes, TV Today had initially filed a plea against Meta (which owns Instagram) before the High Court.While considering this plea, the High Court told TV Today to approach the Grievance Appellate Committee (GAC) constituted under Information Technology Rules for relief.The GAC has since upheld Meta's decision to suspend the Harper's Bazaar India Instagram page..Following this, TV Today filed a case against Backgrid before the Delhi High Court.On May 21, the Court was told that Harper’s Bazaar pulled out fifteen photographs from fan pages and put them on their platform but Backgrid made a copyright strike which led to suspension of its page.TV Today claimed that the use of the photographs falls under fair use but Backgrid was asking for nearly US$ 2,000 of each of the pictures to revoke their strikes even though they charge much less for normal use..Senior Advocate Rajiv Nayyar along with advocates Hrishikesh Baruah, Anurag Mishra and Kumar Kshitij appeared for TV Today.Advocates Pravin Anand, Vaishali Mittal and S Chamola represented Backgrid USA.Advocates Tejas Karia, Varun Pathak, Amee Rawa, Vibhuti Vasisth and Tejpal Singh Rathore appeared for Meta. Union of India was represented through Central Government Standing Counsel (CGSC) Nidhi Raman as well as advocates Zubin Singh and Yashaswi SK Chocksey.