The foundation principle of law anywhere in short may be considered as, ‘Nothing is an offence until the intention (mens rea) is known, taking into account -> right vs right || right vs wrong || wrong vs wrong in any given circumstances.’ Wordings of my definition differ, but never its principle of working. As long as its context is justifiable & prudent, even if it’s beyond the in verbatim written jurisprudence. So, same goes for IP.
Recently, a social media intermediary cum publisher (which it always denied being one), blocked account of a prominent individual on copyright infringement issue stating that it shared a copyrighted content, a visual display of song, with some personal casual comment.
If we look beyond exclusive rights of copyright owner bequeathed by any law (as explained in my previous blogs), &, further look beyond the definitions of fair use defined in sections alike S. 107 in U.S. or S. 52 in India etc., then nothing should be considered as an offence if an individual shares a content with personal comment (crediting the owner) of non-commercial nature & furthermore that neither mutilate distort morph the original content, nor the rights (including moral rights) of its Owner. IF my said definition is taken into account, then nothing seems to have been infringed, with such sharing. Alas, if it was all done on political ideological grounds, the way how already demeaned Tech behaving in the last few years.
© Pranav Chaturvedi
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