Delhi High Court Protects Copyrighted Content with Innovative ‘Dynamic+ Injunction
In a recent ruling, Justice Prathiba M. Singh of the Delhi High Court granted an ex-parte ad-interim injunction in favour
Delhi High Court Protects Copyrighted Content with Innovative ‘Dynamic+ Injunction
In a recent ruling, Justice Prathiba M. Singh of the Delhi High Court granted an ex-parte ad-interim injunction in favour of major content creators Universal, Warner Bros, Netflix, Paramount Pictures, and Disney, protecting their copyrighted works from rampant distribution on unauthorised websites.
Building upon its precedent-setting judgment in Universal City Studios LLC. & Ors. v. Dotmovies.baby & Ors., the Court extended the scope of protection by issuing a ‘Dynamic+ injunction’, safeguarding the copyright holders’ existing content along with their future creations.
The Court expressed its conviction that granting a ‘Dynamic+ injunction’, similar to the one imposed in Universal City Studios LLC. & Ors. (supra), is the most appropriate course of action. Without such an injunction, pirated content will persist, causing significant harm to the Plaintiffs’ economic interests and moral rights.
In the landmark case of Universal City v. Dotmovies.baby, the Court recognised the urgent need for effective injunctions to safeguard copyrighted content from the immediacy of rogue websites. Consequently, a ‘Dynamic+ injunction’ was granted, extending protection not only to existing works but also to future creations of the plaintiffs, ensuring comprehensive copyright protection against rogue websites.
The Court observed that the plaintiffs produce and distribute large volumes of original creative content, including films, TV series, motion pictures, etc.
“The content consisting of films, TV series, shows, etc. is itself dynamic in nature and the reproduction, hosting, uploading, streaming, downloading, broadcasting, telecasting or making available of this content in an unauthorised manner is, apart from constituting infringement of Copyright also resulting in enormous monetary loss to the Plaintiffs,” Justice Singh stated.
Expressing deep concern over the rampant unauthorised access to the plaintiffs’ copyrighted content on rogue websites, the Court delved into the factors enabling the proliferation of such illicit platforms.
The Court noted that the ease with which domain names can be registered, coupled with the privacy protection offered by domain registrars, empowers the owners and operators of these rogue websites to conceal their identities and evade accountability.
Furthermore, the absence of monetary penalties or compensation mechanisms due to the privacy protections afforded by domain registrars effectively grants these rogue operators immunity from legal repercussions, enabling them to continue their illicit activities without fear of consequences.
Justice Singh acknowledged the persistent nature of rogue websites, noting that some of the impugned websites were simply rebranded versions of previously blocked sites.
The Court cited the precedent-setting case of UTV Software Communication Ltd. and Ors v. 1337x.to and Ors, where Justice Manmohan observed the rapid proliferation of mirror websites, emphasising their ability to replicate the content and functionality of rogue websites within a matter of minutes.
The plaintiffs’ counsel informed the court that the Delhi High Court’s decisive actions against piracy were having a significant impact, with domain name registrars (DNRs) proactively locking or suspending domain names associated with rogue websites, prompting a shift among consumers towards legitimate content platforms.
Advocates Saikrishna Rajagopal, Suhasini Raina, R. Ramya, Mehr Sidhu, and Raghav Goyal represented the plaintiffs in the court.