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Time of India
7 days ago
- Politics
- Time of India
ANI versus Mohak Mangal reignites the debate of ‘fair dealing' in copyright infringement
HighlightsYouTuber Mohak Mangal accused Asian News International of extortion, claiming they demanded INR 50 lakh to retract copyright strikes on his videos analyzing news content, which he argued fell under fair use. Other creators, including a political commentator identified as Sumit, have also reported similar experiences with Asian News International, alleging they were pressured to pay substantial amounts to resolve copyright claims. The debate over copyright enforcement highlights the ambiguity of fair dealing provisions in India's Copyright Act, leading to challenges for content creators navigating the evolving digital landscape. ' ANI pressured me, saying that if I didn't pay INR 50 lakh, my channel would be deleted,' said YouTuber Mohak Mangal. The claim followed two copyright strikes by Asian News International (ANI) against Mangal, one for using a 10–11-second clip in his video analysing the R.G. Kar rape case, and another for incorporating a 9-second ANI clip in his video on Operation Sindoor featuring Defence Minister Rajnath Singh . Mangal added that ANI extorted up to INR 50 lakh from another creator as well. Citing media reports, he mentioned that Sumit (name changed in the report), who built a following as a political commentator, received more than three copyright strikes by ANI and paid INR 15-20 lakh to resolve the copyright claim. In return, ANI lifted the copyright strikes and granted Sumit a one-year access to its audiovisual and written news content, the report noted. A YouTube creator who goes by the name Thugesh reported that he received a copyright strike and was asked to pay INR 15 lakh for using a 2-second clip in his video. According to YouTube's policy, if a channel receives three copyright strikes, it is frozen pending review. After receiving two copyright strikes, Mangal published a video on his YouTube channel claiming that ANI asked for INR 48 lakh plus GST to retract the strikes or else the channel will be 'deleted.' Mangal perceives this attempt by ANI as extortion under the guise of a copyright strike, despite his video falling under the fair use policy. With more than 5.3 million views on Mangal's YouTube video, support is pouring in favour of Mangal and creators are calling ANI's actions 'daylight robbery.' This fire caught more flames when Member of Parliament Saket Gokhale, in a post shared on X, articulated, 'Use of copyright strikes in order to extract high payments from independent creators even in cases of "fair dealing" (as it is called in India) of news agency content is a form of quasi privately-imposed censorship aided by a govt which favors one news agency over another.' But, before you berate ANI, let's take a look at what the law has to say about fair dealing. Fair dealing under Section 52 of India's Copyright Act, 1957 permits 'limited' use for criticism, commentary, or education. This provision serves as an exception to copyright infringement , recognising that certain uses of protected content serve the public interest or creative expression without unduly harming the rights of the original creator. Unlike U.S. fair use laws, which use a four-factor test (purpose, nature, amount, and market effect), India's fair dealing is less defined, leading to ambiguity in enforcement. Indian courts assess fair dealing based on the specific context, making it challenging for creators to predict outcomes. YouTube's Content ID system operates globally and often misses the nuances in India's fair dealing provisions. YouTube's Content ID technology, an automated digital fingerprinting system, scans every uploaded video against a database of copyrighted material provided by rights holders, facilitating efficient copyright enforcement. This technology offers mutual benefits for creators and rights holders. Creators can avoid copyright strikes and ensure compliance with copyright laws, while original content creators can automatically claim, monetise, block, or track videos containing their material. However, the system sometimes struggles with the nuances of fair use policies. For instance, reporting a public lecture is not considered copyright infringement under Indian law. Yet, YouTube's Content ID system, operating within the framework of Indian law, grants 'original creators' of content the rights to block or monetise YouTube videos containing their content, creating a legal grey area. Let's examine a few examples to gain a clearer understanding of how copyright cases function. In October 2021, Newslaundry's YouTube channel was frozen after Aaj Tak filed copyright notices over Newslaundry's critique videos that included Aaj Tak clips and made fun of their anchors' on their reportage. Soon after, TV Today Network (which owns Aaj Tak) sued Newslaundry in the Delhi High Court, alleging copyright infringement and defamation, demanding the takedown of YouTube videos and INR 2 crore in damages. The Delhi High Court declined to grant an interim injunction (an official order), recognising that commentary on TV broadcasts is protected as free speech and fair use must be decided at trial. Newslaundry's videos are still online. Moreover, in the Prasar Bharati versus Abhisar Sharma (a journalist and YouTuber) case in 2023, the public broadcaster, which runs Doordarshan and Sansad TV, sent Sharma YouTube copyright claims on at least two of his news commentary videos. The claims didn't strike the channel but demonetised those videos (redirecting ad revenue to the claimant). This sparked a debate, since many consider parliamentary proceedings as public information not subject to restrictive copyright, and the move as censorship, noting that Parliament footage was intended to be freely accessible. Prasar Bharati officials quickly responded that the agency never intentionally issues copyright takedowns on public service content and suggested the claims may have been automated or erroneous. Shifting focus to another copyright case, in the ANI (and Others) versus OpenAI case, major Indian media houses, including ANI, claimed that OpenAI scraped and used their data without a licence to train its AI models. The suit argued that OpenAI's data scraping and storage of ANI's copyrighted reports to train its AI models constitute infringement, and even claimed that ChatGPT sometimes generates ANI articles or cites 'fake' ANI stories, harming its reputation. OpenAI responded that it has ceased using ANI's site in training and that its use of publicly available content is protected by fair use principles. The court in initial hearings had issued notice to OpenAI to respond to the claims. For now, OpenAI has put ANI's content on an internal 'do not train' list to halt ongoing use. Let's take a look at the case of Civic Chandran versus Ammini Amma (1996), which is one of the earliest and most important Indian legal decisions on the subject of fair dealing in copyright law, especially in the context of criticism and commentary. This case started when a playwright named Civic Chandran wrote a new drama that was meant to be a counter-response to an existing play written by Ammini Amma. The original play was called Ningalenne Communistakki (You Made Me a Communist), which was a famous political drama supporting communist ideology. Civic Chandran's new play, titled Ningal Are Communistakki (Whom Did You Make a Communist?), used some parts of the original play in its script and performance. However, the purpose of his play was to criticise and challenge the original ideas, especially how the ideology was portrayed. Ammini Amma, the author of the original drama, went to court claiming that Civic Chandran had copied significant parts of her work and violated her copyright. She argued that even if the intention was to critique her play, he could not legally use portions of it without her permission. The case went to the Kerala High Court. The key legal issue was whether this act of copying came under the exception of fair dealing for criticism, which is allowed by the law. The court ruled in favour of Civic Chandran. It said that his use of parts of the original play was not copyright infringement because he used them to critique and comment on the original ideas, which is allowed under the fair dealing clause of the Indian Copyright Act. This was a landmark decision because it was the first time an Indian court clearly said that fair dealing covers criticism, even if the new work borrows substantially from the original. In the years that followed, this judgment has been cited in other cases involving media, literature, and online content to support fair use in criticism and commentary. Traditional intellectual property laws presume a clear distinction between producers and consumers, but YouTube's ecosystem thrives on transformative content, such as commentary, remixes and analysis, that blurs these boundaries.
India Gazette
27-05-2025
- Sport
- India Gazette
Nottwil World Para Athletics Grand Prix 2025: Sumit Antil strikes gold in Men's Javelin F64 category
Nottwil [Switzerland], May 27 (ANI): India's ace javelin star and double Paralympic gold medallist Sumit Antil added another accolade to his name by taking the top spot in the Men's Javelin F64 category in the Nottwil World Para Athletics Grand Prix 2025. Sumit sent the javelin to a distance of 72.35m to take the gold and stand at the top of the podium. Sumit, who defended his gold in the Paris Paralympics 2024, delivered his best in the fifth round. 'Double #Paralympics Gold medallist Sumit Antil picked top spot in Men's Javelin F64 category with a throw of 72.35m at Nottwil World #ParaAthletics Grand Prix 2025. Super proud of you Sumit!' SAI Media wrote on X on Tuesday. He kicked off the contest with a foul throw in the first and followed it up with a 67.80m throw in his second. He breached the 70m mark for the first time in the contest with a 71.29m attempt. The fixture continued, and he dropped the gold medal-winning throw in the penultimate round. Before Sumit's heroics, Gurjar Mahendra shattered the world record in the Javelin F42 category with a sensational throw of 61.17 meters, claiming gold and etching his name in para-sporting history. India's Pingane Mina Vilas secured a treble in the F57 category, clinching gold medals in discus (16.13m), shot put (4.29m), and javelin (10.56m)--a rare and commendable sweep across all her events. Among the standout performers was Bhuvi Agarwal, who struck gold in both the long jump T20 with a leap of 4.15m and the 400m T20, clocking an impressive 1:12.23s. Her athleticism and composure under pressure continued to mark her as a rising star in Indian para-athletics. Multi-event talent Perumalsamy Santhanakumar added to India's medal tally with gold in the long jump T46 (5.71m) and the 400 meters T46 (57.44 seconds), along with a silver in the 100 meters T46, showcasing his versatility on both track and field. In the same sprint category, Moorthy Pragadeeshwara Raja earned a silver in the 400-meter T11 (1:01.59) and a bronze in the 100-meter T11, demonstrating consistency and determination. Veteran thrower Ravi Rangoli brought home double gold in the F40 category, excelling in both shot put (9.78m) and javelin (34.58m). Reflecting on the historic campaign, Devendra Jhajharia, Chairperson of the Paralympic Committee of India (PCI), expressed his pride in the team's achievements. 'Breaking a world record is a monumental feat, and to see our athletes achieve this on the international stage fills us with immense pride. The performance in Nottwil showcases the exceptional depth and potential of Indian para-athletics. These athletes are not just winning medals--they're inspiring a nation and redefining what's possible,' Jhajharia said as quoted from PCI. (ANI)
Business Standard
26-05-2025
- Business
- Business Standard
Awfis elevates Sumit Lakhani as CEO
Awfis Space Solutions announced the elevation of Sumit Lakhani as Chief Executive Officer (CEO). This strategic leadership transition marks a significant milestone in the company's growth journey and is designed to further strengthen its operational focus and execution capabilities. As CEO, Sumit will focus on P&L, daily operations, and customer-centric initiatives along with sales, marketing, and supply acquisition. Amit Ramani as Founder and Chairman & Managing Director, will continue to be at the helm, provide overarching strategic direction, ensuring Awfis stays at the forefront of innovation and long-term value creation. His focus will be on company growth, new business initiatives, Awfis Transform (Design and Build), as well as overseeing core enabling functions such as Finance, HR, Legal, and Administration. Amit's leadership will guide the next phase of expansion, capital efficiency, and multi-line diversification, anchoring Awfis as a future-ready enterprise.
Time of India
22-05-2025
- Time of India
Out to party, man beaten to death
Lucknow: A 30-year-old man, who was out to celebrate with friends the marriage of his elder brother, died on Wednesday late night after being brutally assaulted by a group of unidentified assailants in Aashiana area on Wednesday late night. The deceased was identified as Sumit Singh , a native of Bhojpur, Bihar, who resided in Vrindavan Colony, Sector-7 in Lucknow with his elder brother Amit Singh, mother Aarti, and sister Annu. Sumit was engaged in a transport business operating out of Transport Nagar. According to police, Sumit was invited to a party by his friend Roshan. Around 8.45 pm, Roshan informed the family that a group of unidentified assailants armed with sticks attacked Sumit, fracturing his skull, before throwing him into a roadside drain near New Gadora LDA Colony in the Aashiana area. Despite medical intervention, he succumbed to his injuries late on Tuesday night. Sumit's father, Manoj Kumar Singh, serves in the Indian Army as Lance Naik and is currently posted in Kolkata. "Following the incident, Sumit's elder brother Amit Singh lodged a complaint with Aashiana Police, based on which a case has been registered under BNS 115(2) (attempt to commit a serious offence), 352 (punishment for assault or use of criminal force), and 351(3) (using force intentionally)," said Pankaj Kumar Singh, additional DCP, east zone.
Time of India
22-05-2025
- Time of India
2 held for murder in Bokaro district
Bokaro: Two persons were arrested on Thursday in connection with the murder of one Sumit Kumar Mahto, whose body was found in Telidih Basti under Pindrajora police station on Tuesday. "Investigations revealed that a monetary dispute of Rs 12 lakh led to the brutal killing. Sumit had taken the amount from the accused to run a brick kiln, with a condition to pay Rs 2 extra per brick if the repayment was delayed," said Manoj Swargiyari, SP Bokaro. Sumit was strangled with a towel as part of the premeditated plan. The SP said, "Two accused persons have been arrested, while others are still at large. The police have seized a bike, towel, coconut rope, and mobile phone used in the crime, and raids are on to catch the remaining culprits." tnn Bokaro: Two persons were arrested on Thursday in connection with the murder of one Sumit Kumar Mahto, whose body was found in Telidih Basti under Pindrajora police station on Tuesday. "Investigations revealed that a monetary dispute of Rs 12 lakh led to the brutal killing. Sumit had taken the amount from the accused to run a brick kiln, with a condition to pay Rs 2 extra per brick if the repayment was delayed," said Manoj Swargiyari, SP Bokaro. Sumit was strangled with a towel as part of the premeditated plan. The SP said, "Two accused persons have been arrested, while others are still at large. The police have seized a bike, towel, coconut rope, and mobile phone used in the crime, and raids are on to catch the remaining culprits." tnn
