Youth files first ‘IT-related copyright case'

MUSCAT — A picture of a young Omani IT expert that seems to have been inadvertently used by a training institute for its promotional material has become the cause for what looks set to be Oman's first-ever IT-related copyright case, informed sources told the Times of Oman yesterday.

While this seems to be a case that has obviously been blown out of proportion, things have reached to a stage where both parties are at loggerheads with each other and now the matter looks set to be decided only by the court, the sources said.

Tariq Hilal Al Barwani, 24, has filed before the Muscat primary court a whopping RO50,000 copyright case against a top training institute, the sources added.

However, it is not clear whether this would be considered as a copyright case, although that is the manner in which it has been filed.

The institute in question — Khimji Training Institute (KTI) LLC — happened to use Tariq's image in their training promotional materials that were distributed in the recent Trainex (exhibition) in Oman and through its other outlets, it is alleged. It is also alleged that they had faxed it to many others without Tariq’s permission or prior knowledge.

However, KTI has issued a statement that only around 125 leaflets were distributed and that they stopped further printing as well as distribution of the same immediately upon notification of the same.

Also, they have claimed that the picture, which was taken from Tariq’s website, www.tariq.net, did not have any disclaimers stating that it was copyright material. They further added that it was a picture in the “public domain”.

Apparently, the original was a photograph, which was used by MediaCom, a monthly update (newsletter, volume 2-7, 1999) on United Media Services (a top media and communications company here) where Tariq used to work. Tariq had also posted this photo in his website www.tariq.net

The whole issue was brought to Tariq’s notice when Oman Training Institute (OTI) cancelled the agreement that they had with him. He had a nearly four months training contract with OTI and they cancelled the deal when they saw this leaflet with Tariq’s image on it. According to the deal, Tariq was to teach at OTI, almost a repeat of the previous year’s training arrangements they had. The groundwork was already done by OTI, three months in advance, but this seems to have been spoilt by the promotional leaflet, it was alleged.

Emma Berceles, OTI’s director of studies said she was devastated when she saw the promotional leaflet with Tariq’s image on it. “I lost complete faith in Tariq. Tariq had promised to teach at OTI for the full summer. We had taken him as a result of the big success we had during last year’s course.

“I made all the arrangements and promotions but saw the prospective students retreating from joining the classes.

“The reason was that they were joining KTI as Tariq was teaching there.

“We have not only lost business, but we were quite embarrassed too,” Emma noted. According to the arrangement Tariq had with OTI, he would be obtaining 50 per cent of the total amount that the course would bring in. And because of this, Tariq lost all of that, it was claimed.

Tariq, who is here on vacation from Canada, where he is doing a computer course in Acadia University, immediately demanded a full explanation (which was done through his father) from the institute concerned, which was duly obliged. The institute sent a written apology letter. They confirmed that Tariq did not have an agreement with their institute and they did not authorise them to make use of his images in their promotional materials. However, the apology came too late to salvage the damage caused, insiders say.

Tariq promptly filed a case in the Muscat primary court, through Oman’s top law firm, Denton Wilde Sapte. His claim is RO50,000, for the financial loss as well as damage to integrity caused by the institute. It is understood that Tariq has promised to donate a portion of the amount, which he has claimed, to schools here. The portion would go in purchasing computers, which Tariq feels would enhance the IT skills of students and thereby also enable them to know more about the copyright law.

However, KTI has issued a statement noting that not only was the picture that they used a blurred and unrecognisable one, it was a picture of a public event and not property of Tariq.

“The said picture has only been used as a watermark. It has a number of people, other than Tariq with faces, which are very blurred, vague and unrecognisable.

“The picture taken from the website is actually of a public event and not proprietary to Tariq and has been used only as a background filler.”

The statement added that, “there is no mention on Tariq’s website, prohibiting reprinting or use of pictures that in any event belong to the public domain.

“Also, Tariq uses the name of KTI and explicitly links himself with it, in his promotional website.

“Despite this, upon notification (of the usage of the image), KTI immediately stopped the distribution of the leaflet.”

They also explained how this had happened: “The use of the picture, however, came about through a simple process. The person working in-house on the leaflet searched the websites thrown up by Google.com in response to Khimji Training Institute and came across one with this legend (since Tariq has mentioned on his website that he is conducting seminars and lectures in Khimji Training Institute):

“New Page 1

…Conducting seminars and lectures on IT matters at various institutions eg. Indian School, Muscat College, Khimji Training Institute, Muscat Private School and … www.tariq.net/english/archive.htm - 17k - Cached - Similar pages

{More results from www.tariq.net)

“On clicking upon it, the first picture showed up was the one in question, which he thought would be appropriate as a background watermark since it has a number of people in it. The picture in no way adds any promotional value to the product offerings of KTI.

“KTI, therefore, has reason to deny any alleged consequence purportedly resulting from the leaflet in question.

“Accordingly, KTI will vigorously defend any legal claim brought against it, and would doubtless have no option in such circumstances but to reluctantly assert a substantive counter-claim,” the statement said. 

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