Our Associate, Vishesh Kumar discusses "De Minimis in
Copyright Law – Trivial or Proceed to Trial"
In the digital era where almost everyone is a vlogger or an
influencer, where does one draw the line between an actual case of
copyright infringement or an 'infringement' too trivial to
even act against?
For further clarity, consider this situation. You are walking
past the most stunning paintings known to mankind constantly
vlogging the experience for your "followers". All this
while being blissfully unaware that you are communicating another
person's artistic work to the public at large which, when
scrutinized through the lens of the relevant statute, constitutes
copyright infringement. But would it make sense, in terms of
business, public relations, costs, etc., for the copyright
holder to go after you when the act is so trivial or insignificant
to act against?
