Cokeś allegation on Haskar of copyright violation and consequently attempting to have the billboard removed is a clear attempt of a large corporation to use copyright as a tool of censorship against any campaign which harms its market interests.
Though the billboard rightly depicts the sentiments and concerns of rural populations in southern states, the question whether the billboard infringes upon the copyright of Coke remains to be determined. The billboard being placed in one of the busiest streets of Chennai with Haskarś signature at its bottom is in a manner an advertisement for Haskarś art. An advertisement for an artwork may be and art in itself, but remains an advertisement which is done for commercial ends. I am merely thinking aloud, but whether Haskarś campaign would succeed or not largely depends upon how the matter may be argued before the court. Anivar On 13/07/05, your SAVAD <[EMAIL PROTECTED]> wrote: > Coca-Cola Threatens Top Indian Photographer with Lawsuit > > > For Immediate Release > July 12, 2005 > London (July 12, 2005): The Hindustan Coca-Cola Beverages Private > Limited, a subsidiary of the Atlanta based Coca-Cola company, has > threatened Mr. Sharad Haksar, one of India's celebrated photographers, > with a lawsuit. > > Mr. Haksar, a leading international photographer and winner of the > 2005 Cannes Silver Lion, has placed a large billboard in one of > Chennai's busiest areas - one of India's largest cities - with his own > "work (which) is solely an expression of creativity." > > The billboard features the ubiquitous red Coca-Cola wall painting, > commonly found across India. Directly preceding the Coca-Cola ad, and > part of the billboard, is a dry water hand-pump, with empty vessels > waiting to be filled up with water - a common scene in India, > particularly in Chennai. The image can be viewed at > http://www.indiaresource.org/news/2005/1077.html > > On July 11, 2005, the law firm of Daniel & Gladys, who represent > Coca-Cola's Indian subsidiary, sent a letter to Mr. Haksar threatening > him with serious legal actions unless the billboard was replaced > 'unconditionally and immediately'. Coca-Cola would seek Indian Rupees > 2 million (US$ 45,000) for "incalculable damage to the goodwill and > reputation" of Coca-Cola, and also sought an 'unconditional apology in > writing'. > > Mr. Haksar said, "I have no intentions of issuing any apology. > Because I have not committed anything wrong. If Coke pursues this > legal course, my lawyers shall take appropriate counter action." > > Mr. Haksar's billboard highlights the severe water shortages being > experienced by communities that live around Coca-Cola's bottling > plants across India. A community close to Chennai, in Gangaikondan, > has already held large protests - protesting against an upcoming > Coca-Cola plant. In the neighboring state of Kerala, in the village of > Plachimada, Coca-Cola has been unable to open its bottling facility > for the last 16 months - because the community will not allow it to. > > Coca-Cola is in serious trouble in India. A massive rural movement > has emerged to hold the company accountable for creating water > shortages and polluting the remaining water and soil. > > "We appreciate Mr. Haksar's efforts and we condemn Coca-Cola's > attempts to silence a public discourse on the issues," said Amit > Srivastava of the international campaigning organization, India > Resource Center. The campaign continues to receive tremendous public > support internationally and has put the Coca-Cola company on the > defensive. > > The recently held Live - 8 concerts pulled out with negotiations with > Coca-Cola over sponsorships because of public opposition, spearheaded > by the India Resource Center. Coca-Cola was also banned from the Make > Poverty History March as a result, on July 2, 2005, a march of close > to 300,000 people in Edinburgh in Scotland. > > Mr. Haksar's work can be viewed at www.sharadhaksar.com > > For more information, visit www.IndiaResource.org > > > -------------------------------------------------------------------------------------------------------- > "If we fight, we may not always win, but if we don't fight, we will > surely lose." > ------------------------------------------------------------------------------------------------------ > > > SAVAD RAHMAN > subeditor,MADHYAMAM daily, > pooppalam, perinthalmanna,kerala, > india > cell:(91)-9846085873 > > >
