In a very interesting case, the Delhi High Court has discussed the rule of Diplomatic Immunity. The facts were that an Annual Day event was organised by the plaintiffs and the second defendant- daughter of the Ambassador of Ecuador recommended the second defendant to be hired as a photographer to take photographs of the event which included different Yoga-asans, props for tackling health issues etc. As per the terms of agreement all the activities of the defendants were supposed to be under the guidance of the first defendant and the photographs were to be delivered to the plaintiffs.But the photos were delivered directly to the second defendants who refused to hand over them to the plaintiffs.
The Delhi High Court held that as per the provisions of Section 17 of The Copyrights Act, the person on whose instance the photographs are taken is the real owner of those photographs. It was argued that the defendant could not be held liable because it enjoyed Diplomatic Immunity. But the Court said that although as per the provisions of Vienna Convention on Diplomatic Relations, 1961 the family members of the Diplomat enjoyed immunity, it is also subject to some exceptions and professional activity is one such exception. Consequently, the second defendant was restrained through an injunction as this was a clear infringement of the Plaintiff’s copyright.