The Delhi High Court is considering whether street art, such as murals in public spaces, is protected by copyright law.
Delhi High Court is taking whether street art, for instance
This means that the artist who created the mural has the exclusive right to reproduce, distribute, perform, display, and create derivative works based on the mural.
Acko Faces Copyright Claim over Mural Usage
In response to Acko General Insurance’s use of a photograph of the mural ‘Humanity’ in its advertising campaign, St+Art India Foundation and the mural’s creator, Paola Delfin Gaytan, issued a legal notice demanding the removal of the hoarding and social media posts containing the image. Acko maintained that their use of the mural did not constitute copyright infringement.
St+Art India and Muralist Challenge Acko’s “Fair Use” Defense
Acko General Insurance defended its use of the ‘Humanity’ mural in its advertising campaign by claiming it constituted “fair use” as the artwork is permanently located in a public space. However, St+Art India Foundation and muralist Paola Delfin Gaytan disputed this claim and filed a petition with the Delhi High Court challenging Acko’s decision. St+Art India, recognized for creating the largest mural in India on the MTNL building in Mumbai, the tallest mural of Maatma Gandhi at the Delhi police headquarters, and projects like the ‘Lodhi Public Art District’, joined forces with Ms. Gaytan to oppose Acko’s appropriation of the artwork.
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St+Art and Gaytan Assert Copyright Ownership, Challenge Acko’s Commercial Use
St+Art India Foundation and muralist Paola Delfin Gaytan maintained their ownership of the copyright to the ‘Humanity’ mural and asserted that Acko’s use of the artwork in its advertisement was solely for commercial gain. The Delhi High Court, in its November 10 order, acknowledged the commercial nature of the hoarding, which has since been removed. The court scheduled a hearing for the case in February 2024 and directed Acko to remove all online content related to the mural.
