Summary
The Bombay High Court has granted a dynamic injunction in a copyright infringement case brought by the producers of the web series Scam 1992: The Harshad Mehta Story. The court found that 32 Instagram account holders and unidentified parties had illegally shared parts of the series to promote their own businesses, violating the rights of the producer, Applause Entertainment Private Limited. The court ordered the removal of the infringing posts and directed Instagram's parent company, Meta Platforms Inc, to disclose information about the offending accounts.
Introduction
BananaIP is pleased to report on a recent copyright infringement case that has captured the attention of the entertainment industry. In a legal battle initiated by the producers of the highly acclaimed web series, Scam 1992: The Harshad Mehta Story, the Bombay High Court has issued a significant ruling. The court granted a dynamic injunction against 32 Instagram account holders and unknown parties, commonly referred to as John Doe defendants. This article provides an overview of the case and its implications for intellectual property rights in the digital age.
Background
The copyright infringement suit was filed by the esteemed production company, Applause Entertainment Private Limited. Applause alleged that the defendants, who operated Instagram accounts, unlawfully shared segments and clips of the audio-visual content from the web series. These unauthorized actions were aimed at promoting the defendants’ own business activities, thereby violating the proprietary rights of Applause.
Court Proceedings
In response to Applause’s claims, Justice Manish Pitale of the Bombay High Court granted an ex-parte relief of dynamic injunction. This unique form of injunction empowers the copyright holder to approach the courts to extend the main injunction order against all mirror websites that may access the infringing website.
Applause’s Legal Battle
The legal battle began in December 2022 when Applause first discovered certain Instagram accounts utilizing portions of the web series to bolster their businesses or promote their accounts for financial gain. In an effort to protect their intellectual property, the production house promptly filed a complaint against these accounts. Unfortunately, Applause received no response from Instagram, and the account holders continued infringing on Applause’s proprietary rights.
The situation escalated in March 2023 when Applause identified additional social media handles engaging in similar infringing activities. Despite bringing this matter to the attention of Meta Platforms Inc, the parent company of Instagram, Applause faced a delayed response. Meta Platforms initially disputed Applause’s ownership of the copyright in the series, causing further complications in resolving the issue.
Court’s Verdict and Remedies
In light of the evidence presented, the Bombay High Court handed down a ruling that restrains the defendants from further infringing upon Applause’s exclusive copyright in relation to the web series. Furthermore, Meta Platforms Inc was directed to remove, delete, or take down all infringing posts from Instagram. In addition, Meta Platforms is obligated to disclose to Applause all relevant particulars concerning these Instagram handles.
Conclusion
The recent copyright infringement case involving Scam 1992: The Harshad Mehta Story highlights the importance of protecting intellectual property rights in the digital era. The Bombay High Court’s granting of a dynamic injunction signifies a significant step forward in safeguarding the rights of content creators and producers. As technology continues to evolve, it is crucial for social media platforms and individuals to respect and uphold copyright laws. This ruling serves as a reminder that unauthorized use of copyrighted material can lead to legal consequences and emphasizes the need for robust enforcement measures to combat online infringement.
Read the full judgement here.
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Disclaimers
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