Copyright infringement: Bombay High Court directs removal of pirated copies of the Film "Janhit Mein Jaari"

Copyright infringement: Bombay High Court directs removal of pirated copies of the Film "Janhit Mein Jaari"

The Court passed a John Doe order against unknown entities to restrain the circulation of infringing links of copyrighted works.

The Bombay High Court recently passed a John Doe order directing police assistance in removing and deleting infringing links of the film "Janhit Mein Jaari" in a copyright infringement case filed by Bhanushali Studios Ltd.

The present suit was filed against an application 'Telegram' and another unknown entity on which infringing links of the Film were circulated.

It is stated by Plaintiff that a complaint was filed in the police station upon which the links on the application Telegram had become inactive.

The single-judge bench of Justice Riyaz Chagla granted an intern relief against the unknown entity for removing unauthorized links and pirated copies from their website.

Having pirated copies online would affect any potential deal with OTT platforms since subscribers would be hesitant to subscribe for a Film that is already available on the internet for free, as stated by the Plaintiff.

The Court took note that the unknown entity had no license or authority to make available the copy of the Film to the Public.

Placing reliance on the case Shemaroo Entertainment Ltd. Vs. Gujarath Telelink Pvt. Ltd. & Ors and Red Chillies Entertainment Pvt. Ltd. Vs. M/s Hathway Sonali Om Crystal Cable Pvt. Ltd. Anr, the court held that:

"prima facie view that the infringing links set out in Exh. C to the Plaint infringes the copyright of the Plaintiffs in the subject film and therefore, ad-interim relief is necessary to be passed"

The Court passed a mandatory injunction directing the unknown entity by themselves, their servants, agents, licensees, franchisees, partners, proprietors, and/or otherwise howsoever to remove and delete the infringing links with immediate effect.

The Court also stated that the Plaintiffs are at the liberty to apply in the event they find any more infringing links to the Film.

Telegram has thereby been removed as a party to suit and the matter is listed for compliance on June 2022.

The Film starring Nushratt Bharuccha follows the journey of a woman to sell condoms in a small village in Madhya Pradesh amidst the social taboo around the topic. The Film was released on 10 June 2022 on 600 screens in India.