Delhi High Court quizzes Meta over Instagram feature being misused to violate copyright

The Delhi High Court today raised concerns that a feature on social media platform Instagram could be used as a tool to violate the copyrights of original content creators [Dr Vikas Divyakirti vs Meta Platforms]..Addressing counsel representing Meta (which owns Instagram) Justice Anup Jairam Bhambhani noted that this feature allows Instagram users to make changes to reels posted by others, and re-upload a modified version."Tell me Mr Pathak (Meta's counsel), you have a feature on Instagram that you can pick up a video, paste it and make it your own video. For example, someone is cooking a recipe, you can take the whole video and add yourself cooking as per the recipe and run it on your own handle," the Court observed. The Court stated that this Instagram feature allows manipulation and enables copyright infringement."You are allowing manipulation. It is a tool for copyright violation. Does your platform permit this? It is proof of copyright violation. It is a mischievous feature you have got there. These are powerful tools you are creating; then you give these to a ghost. You don't know who is going to use these tools. In our country today, if one has to own a gun they will be put to whole (application and approval process)…This is worse than a gun," Justice Bhambhani stated..Advocate Varun Pathak, representing Meta, stated that he will look into the concerns raised by the Court. The Court was possibly referring to Instagram's “remix” feature, which allows users to create a new reel using an existing public reel or video. This feature lets users add their own recorded or pre-recorded video alongside the original content, allowing them to respond to, recreate or demonstrate something shown in the original video while posting the remix on their own Instagram handle. The original creator and content remain identifiable as part of the remix..Concerns about the possible misuse of such features were raised by the Court today while hearing a suit filed by educator and founder of Drishti IAS coaching centre, Vikas Divyakirti, who has sought the protection of his personality rights..Divyakirti has also alleged that his copyrights and moral rights have been violated through his impersonation on fake social media profiles, deepfakes and fake endorsements.Senior Advocate Diya Kapur appeared for the educator today. She highlighted instances of manipulation and copyright infringement of Divyakirti's lectures. She stated that the copyright infringers selectively use parts of Divyakirti's lectures to allege that he is Hindu-phobic and anti-Brahmin. She also flagged instances where Divyakirti's image was used in deepfake videos, including for a betting advertisement..Advocate Varun Pathak appearing for Meta, meanwhile, stated that the remedies under the Information Technology Act and Rules could be availed by Divyakirti."The forum (under IT Act) is overburdened and far less efficient, nothing happens in that in forum. And I am not claiming a violation of the IT act. I am claiming that there is a constitutional right in court. I also have a proprietary right," Kapur replied. .A discussion on how the misuse of copyright strike mechanisms affect original creators also ensued. Kapur accused social media platforms of "playing God" by taking arbitrary decisions to suspend social media accounts, without first examining whether a copyright violation complaint is genuine. "Nobody can shut down anybody’s business, the government cannot shut down my business under Article 19. But these intermediaries are playing God. They are deciding whose account is going to be there, whose is not. Then they are suspended. Where do they get the power to suspend accounts?" Kapur argued.Pathak refuted these allegations, adding that it is not feasible to expect social media intermediaries to constantly keep a close watch in such matters."We are not playing God; this is automated. If everything they say is implemented, then I will go. We will be like China, everything will be monitored," he said.The Court, meanwhile, agreed that copyright strikes sometimes have unfair consequences."The person who makes fake copyright strikes succeeds immediately but the person on whom the strike is made has to go through a whole (process to get their account or content restored)," the judge said. .The Court proceeded to grant Divyakirti interim relief by directing the takedown of certain deepfake videos, among other weblinks.Further, the Court has directed the social media intermediaries to share the basic subscriber information and the IP logs of the persons uploading infringing content online..The Bench also declined to include Divyakirti's suit in a batch of three matters (filed by Vivek Oberoi, Janhvi Kapoor and Aaradhya Bachchan) in which the Court is slated to etch the contours of personality rights. The suit was filed by advocate Sumeer Sodhi..[Read live reporting]