Bombay High Court Granted ‘Dynamic Injunction’ Against 32 Instagram Accounts in Copyright Suit by Makers of Scam 1992
Bombay High Court Granted ‘Dynamic Injunction’ Against 32 Instagram Accounts in Copyright Suit by Makers of Scam 1992
The Bombay High Court has passed an order imposing ‘dynamic injunction’ against 32 Instagram account holders and John Doe (unknown parties) in a copyright infringement suit filed by the makers of the web series Scam 1992: The Harshad Mehta Story.
The single Judge Justice Manish Pitale 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 copyright infringement suit was filed by the esteemed production company, Applause Entertainment Private Limited (Applicant/Plaintiff).
Applause alleged that the Respondents/Defendants- Meta Platforms Inc. and others, 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.
According to the plaintiff, in December, 2022, 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.
However, in light of the evidence presented, the Bombay High Court ordered the Meta Platforms Inc. to remove, delete, or take down all infringing posts from Instagram. In addition, Meta Platforms was directed to disclose to Applause all relevant particulars concerning these Instagram handles.
“There are sufficient documents placed on record to demonstrate that a strong prima facie case is made out by the plaintiff in its favor, as regards its copyright in the aforesaid web series. The nature of documents placed on record do show that the said web series can be watched only on the aforesaid OTT platform SonyLIV, as per the terms and conditions insisted upon by the said OTT platform. Any other form of communication or broadcast of the said web series or any part thereof, would amount to violation of the copyright in the said web series, which prima facie appears to be in favor of the plaintiff,” reckoned the Court.
Thus, the Court was convinced that a strong prima facie was made out by the plaintiff for grant of such ex-parte ad-interim reliefs.
Therefore, in response to Applause’s claims, 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.
