Author Dibya Das, who writes under the pen name Kollorob, invoked the Right to Information (RTI) Act with the central public information officer (CPIO) of the department of consumer affairs, seeking details on an ongoing copyright infringement case and alleged irregularities concerning legal documentation.
For the background, the author has published two books, MukhtaAnshya: Freeing the Thoughts and Ten Tales of Ten Stories, through BFC Publication, a self-publishing service based in Lucknow, Uttar Pradesh.
Mr Das, referring to his works in the RTI application, stated that both the books were released in 2021 in hardcopy and digital formats, with valid ISBNs and author copyrights. However, he alleges that BFC Publication has allegedly compromised the security and value of his creative works. Under section 48 of the Copyright Act, Mr Das has stated that the publisher did not provide a valid ISBN.
Mr Das registered a case of copyright infringement with competition commission of India (CCI) on 23 August 2023 by paying a registration fee of Rs1,877, including goods and service tax (GST).
He invoked Section 6 of the RTI Act with the department of consumer affairs, requesting the following documents:
- Copies of documents pertaining to his registration which he had reportedly drafted with a Rs50 stamp paper on 13 September 2023, and later sent via registered post on 9 November 2023.
- Copy of a recorded call with the CCI legal team, where officials allegedly stated that his case did not fall under the consumer forum and instead belonged to a commercial jurisdiction.
- Details of advocate Akash Messy, regarding his qualifications, mark-sheets, etc, who allegedly did not take the right legal stance.
During the second appeal hearing on 24 February 2025 before central information commissioner Heeralal Samariya, the Bar Council of Delhi (the RTI application was forwarded by the CCI) informed Mr Das that the documents he sought in his RTI request could not be provided, as all actions against advocate Messy had already been withdrawn. This decision closed any pending or potential proceedings related to the advocate’s alleged submission of fraudulent credentials.
The CPIO of CCI insisted that the remaining information has been provided to Mr Das.
CIC Samariya also concluded that “After reviewing the records and examining the facts of the case, it has been observed that the appellant's queries were appropriately addressed by the concerned public information officer (PIO). The response provided is self-explanatory, and the information permitted under the provisions of the RTI Act has been duly supplied. Given these circumstances, no further intervention by the Commission is warranted in this matter under the RTI Act.’’
The RTI request highlights the helplessness of authors when it comes to their own copyright protection and intellectual property protection in the self-publishing industry.
(Vinita Deshmukh is consulting editor of Moneylife. She is also the convener of the Pune Metro Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman Award for Rural Reporting, which she won twice in 1998 and 2005 and the Chameli Devi Jain Award for outstanding media person for her investigation series on Dow Chemicals. She co-authored the book "To The Last Bullet - The Inspiring Story of A Braveheart - Ashok Kamte" with Vinita Kamte and is the author of "The Mighty Fall".)