Srinagar, March 5 (IANS) Noted Kashmiri poet and film maker Fayaz Dilbar has decided to sue a US-based NGO for using his poem without any permission thereby violating the copyright act and the intellectual property protection laws.
“I was shocked to see one of my poems published in my collection of poems ‘Haarnis Taapas Andar’ (In the middle of hot summer Sun) in 2004 being used without any credit or permission by a US-based NGO ‘Funkar International’.
“I saw this poem of mine among a collection compiled as an album with proclaimed copyright of the said NGO being put up on the web by ‘Spotify’ and ‘JioSaavn’. These are two digital marketplaces,” Fayaz Dilbar told IANS.
He said to cover up the violation of both intellectual property law and the copyright act, the cover of the album does not display my poem while all other songs are displayed on the cover.
“Perhaps the NGO owner does not know that the famous Kashmiri poet and Jnanpith award winner, late Rehman Rahi has written the foreword of my poetic collection in 2004. I have already engaged an advocate and I will sue the NGO in the Delhi High Court. Ironically the NGO claims to promote Kashmir’s folk music, cuisine and traditional art forms,” he said.
“Can culture be promoted through plagiarism? The digital marketplaces like Spotify and JioSaavn probably purchase content without verifying the origin and ownership.”
He said that Spotify is a Swedish audio streaming and media service provider that has digital operations around the world. JioSaavn is an Indian multilingual music streaming service that houses 80 million songs in almost all of India’s spoken languages.
Legal experts say that the poet has a strong case since India is a signatory to the WTO’s Agreement on Trade Related Aspects of Intellectual Property Rights and the government of India has adopted the IPR policy in May 2016. The policy protects patents, copyrights, trademarks and trade secrets.
