The Madras High Court held that prolonged acquiescence can undermine copyright claims, even where ownership is clear. In TCRC v. Ganga Rudraiah, the Court dismissed claims over film BTS photos due to failure to act promptly.
Acquiescence Limits Copyright Enforcement: Madras HC
In TCRC v. Ganga Rudraiah, the Madras High Court dismissed a copyright infringement claim over behind-the-scenes (BTS) photographs from the film 'Aval Appadithan,' ruling that the plaintiff's prolonged inaction constituted acquiescence. The dispute involved ownership of photos taken during production, with the defendant asserting rights under Section 17(b) of the Copyright Act, 1957, as the person who undertook the arrangement for the photograph’s creation.
The Court found that while the plaintiff may have had initial ownership claims, their delay in asserting rights—despite knowing of the defendant’s public use—amounted to implied consent. The judgment stressed that silence over years, especially when the use was open and commercial, eroded the basis for equitable relief. Consideration was also lacking for any alleged transfer, weakening the plaintiff’s position further.
Where a copyright owner sits idly by while another exploits the work, equity cannot be invoked to recover rights at a later stage.
The ruling underscores the importance of timely enforcement in copyright matters. Practitioners should advise clients to monitor third-party usage and act swiftly, as delays may be fatal to future claims. Informal arrangements, especially in creative industries, must be documented to avoid disputes rooted in unclear ownership. This case may influence how courts treat unwritten collaborations in film, music, and digital content.
Citations
- Section 17(b), Copyright Act, 1957
