Explained: Why Congress’ Twitter handles have been blocked over KGF music

The Congress’ Bharat Jodo Yatra, which began in Kanyakumari on 7 September and now entered Maharashtra, has been making news as Rahul Gandhi and other Congress leaders traverse the 3,570-km-long yatra. Through the yatra, the party and Rahul, in particular, has been meeting with locals and connecting with them — which is clearly displayed on their social media handles.

However, the yatra has now been hit with controversy after a Bengaluru court on Monday ordered the temporary blocking of the Congress party and its mass mobilisation campaign Bharat Jodo Yatra on Twitter over a copyright infringement.

Also read: Why ‘Bharat Jodo Yatra’ is a result of Congress buying its own propaganda

What’s the copyright violation case filed against the Congress? What happens next? We examine and give you the answers.

The copyright violation

The Bengaluru court’s action of blocking @INCIndia and @BharatJodo on Twitter until 21 November — the next hearing — comes on the complaint filed by MRT Music, a Bengaluru-based music label, against Congress leaders Rahul Gandhi, Supriya Srinate and Jairam Ramesh for copyright infringement.

In its complaint filed at Yashwanthpur police station under the provisions of Copyright Act, the Information Technology Act and the Indian Penal Code on 4 November, the music company said it invested huge sums of money to acquire the rights of the songs of super-hit film KGF 2 in Hindi.

MRT Music alleges that the party picked up songs from the movie without seeking its permission and has used them to create marketing videos of the Bharat Jodo Yatra, featuring Rahul Gandhi.

Narsimhan Sampath, representing MRT Music, was quoted as saying that the Congress had unlawfully downloaded and synchronised and broadcast the songs pertaining to the movie KGF – Chapter 2 in Hindi and portraying it to be owned by the INC.

“These unlawful actions committed by a national political party reflects their blatant disregard to the rule of law and the rights of private individuals and entities while they are conducting this Bharath Jodo Yatra to seek an opportunity to govern the county and frame legislation for protecting the rights of the common man and businesses,” said a note released by MRT Music’s counsel.

Sampath was added saying that the complaint was filed only to enforce its statutory rights and “has no intentions to tarnish the image of any political party.”

What did the court say

On 7 November in its hearing, a civil court in Bengaluru directed Twitter to block the handles of @INCIndia and @BharatJodo until the date of the next hearing — 21 November.

Additional City Civil Judge Lathakumari M also directed Twitter to remove and take down three tweets which were posted from Congress party’s main handle @INCIndia.

The court observed, “Plaintiff has specifically produced CD showing the side by side file i.e., original version of his copyrighted work with that of the illegally synchronised version.

“These prima facie materials available before this court at this stage establishes that if same is encouraged plaintiff who is in the business of acquiring cinematography films, songs, music albums etc, will be put to irreparable injury and further same leads to encouraging the piracy at large.”

The court also agreed to MRT Music’s request to appoint a commissioner to inspect and conduct an electronic audit of the Congress’ and the Bharat Jodo Yatra’s Twitter, Instagram, YouTube and Facebook accounts.

“This court is convinced that object of granting an injunction would be defeated by delay if commissioner is not appointed to make local inspection,” the order stated. “Accordingly, SN Venkateshmurthy, district system administrator of computer section, commercial court, Bengaluru is appointed as local commissioner to visit the defendants 1 to 3 website, conduct electronic audit and preserve the infringing materials available in the above social media and prepare inventory of the same and store the same in this court’s system and separate CD,” reported Bar & Bench.

Congress speaks

The Congress in its response to the suit and court actions said it would pursue all legal remedies at their disposal.

On its official Twitter handle, the Congress wrote, “We have read on social media about an adverse order from a Bengaluru court against INC & BJY SM handles. We were neither made aware of nor present at court proceedings. No copy of the order has been received. We are pursuing all the legal remedies at our disposal.”

We have read on social media about an adverse order from a Bengaluru court against INC & BJY SM handles.

We were neither made aware of nor present at court proceedings. No copy of the order has been received.

We are pursuing all the legal remedies at our disposal.

— Congress (@INCIndia) November 7, 2022

Other copyright violations

The Congress and Rahul Gandhi aren’t the first to be embroiled in a copyright violation case. In the past, politicians in the United States and elsewhere have been hauled for copyright infringements.

Former US President Donald Trump has felt the heat several times, with Twitter removing a number of his videos over copyright complaints.

In October 2019, the social network had removed Trump’s video that had sampled Nickelback’s song, Photograph, pursuant to a takedown request by Warner Music Group. Twitter also pulled down a Trump 2020 campaign video that used parts of the score for the Batman movie The Dark Knight Rises.

In August 2020, Neil Young had filed a copyright infringement lawsuit against President Donald Trump’s campaign. Young had claimed that the Trump campaign used his songs Rockin’ in the Free World and Devil’s Sidewalk at campaign rallies without permission or licence.

Trump’s predecessor Barack Obama had also found himself in the middle of a copyright infringement case, which was settled in 2011.

Street artist Fairey used the photo, taken by Mannie Garcia, when he created his Hope artwork during Obama’s 2008 presidential campaign.

Fairey sued the Associated Press in 2009, seeking a declaration he did not violate its copyright with his iconic image.

AP then counter-sued, saying he did through his uncredited and uncompensated use of its picture.

Even Prime Minister Narendra Modi has been accused of copyright infringement. In 2014, the prime minister had posted an image of a chain of diyas. Bimal Nepal, a Boston-based photographer however, said Modi stole his photograph and used it without permission or attribution.

With inputs from agencies

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