Delhi High Court restrains 18 Rogue websites from streaming "Brahmastra Part One: Shiva"

Delhi High Court restrains 18 Rogue websites from streaming "Brahmastra Part One: Shiva"

The Delhi High Court has restrained 18 rogue websites from streaming or hosting the upcoming Bollywood movie "Brahmastra Part One: Shiva" scheduled to be released on September 9.

The single judge bench comprising of Justice Jyoti Singh also directed the Department of Telecommunications and Ministry of Electronics and Information Technology to issues necessary notifications calling upon various Internet Service Providers to block access to the websites in question.

"There is no gain saying that piracy has to be curbed and needs to be dealt with a heavy hand and injunction against screening of copyrighted content by rogue websites ought to be granted," the Court observed.

The suit was filed by Star India Private Limited, as the co producer of the movie, arguing that the film, being a work of visual recording including sound recordings, qualified as a 'cinematograph film' under sec. 2(f) of the Copyright Act and that any third party interfering with the exclusive rights, without Star India's permission, would be deemed to infringe its copyright.

Prima facie agreeing with Star India's submission, the Court was of the opinion that if the rogue websites communicate the film on any platform, simultaneously with the theatrical release of the film or in its close proximity, it would severely impact its interest and will also erode the value of the film.

"…. in my view, Plaintiff has made out a prima facie case for grant of ex parte ad-interim relief. Balance of convenience lies in favour of the Plaintiff and it is likely to suffer irreparable harm in case the injunction, as prayed for, is not granted," the Court observed.

Granting ex parte ad interim relief to Star India Private Limited, the Court directed Star India to comply with the provisions of Order 39 Rule 3 CPC within a period of one week.