Delhi High Court Rules Wholesale Copy of ANI Videos by RSY News Not Fair Dealing

The Delhi High Court has delivered a decisive victory for news agency ANI Media Pvt. Ltd., granting a summary judgment that permanently restrains RSY News from reproducing ANI's copyrighted video works. Justice Purushaindra Kumar Kaurav held that the wholesale copying of news videos cannot be shielded by the 'fair dealing' exception under copyright law, especially when the copied material directly substitutes the original content.

The case centred on twelve infringing videos uploaded across four YouTube channels operated by RSY News— RSY News , RSY News UP , RSY News Delhi , and RSY News Bihar —between August and October 2024. These videos reproduced, in whole or substantial part, ten original ANI works, including exclusive interviews with MPs Saayoni Ghosh and Ravneet Singh Bittu, political strategist Prashant Kishor, Chief Minister Nayab Singh Saini, and spiritual leader Swami Jagadguru Rambhadracharya, as well as footage of Arvind Kejriwal's roadshow and Dr. S. Jaishankar boarding an aircraft.

Wholesale Copying: Not Fair Dealing

ANI argued that it owned the copyright in the videos as 'cinematograph films' under Section 2(f) of the Copyright Act, 1957, and that RSY News had reproduced them without licence, infringing its exclusive rights under Section 14(d). The court noted that frame-by-frame comparisons showed ANI's logo remained visible on microphones and graphics, with RSY News' mark merely superimposed—and some frames even carried the legend 'Source: ANI'.

The only defence ever advanced by RSY News—a purported licence from Swami Entertainment Pvt. Ltd., claimed in counter-notifications to YouTube—was dismissed as "fanciful and not real". The defendant, though served, never appeared or filed a written statement, and was proceeded against ex parte.

Justice Kaurav unequivocally rejected any fair dealing claim:

"Nor can the use be regarded as fair dealing for the reporting of current events under Section 52(1)(a)(iii) of the Copyright Act . The wholesale reproduction of ten videos operates as a substitute for the plaintiff's works."

The court emphasised that in ten of the twelve videos, the reproduction was either entire or virtually so; one infringing video lifted a continuous block of over five minutes from ANI's exclusive interview with Prashant Kishor. Crucially, the third infringing video was published on the same day ANI had made the original available only to its subscribers via a secure syndicated feed, nearly two months before it appeared on YouTube—demonstrating that RSY News had accessed the content through unauthorised means.

Summary Judgment: No Real Prospect of Defence

Applying the grounds under Order XIII-A of the Code of Civil Procedure, 1908 , and Rule 27 of the Delhi High Court Intellectual Property Rights Division Rules, 2022, the court found that RSY News had " no real prospect of successfully defending the claim " and that no oral evidence was required. The unrebutted plaint and documentary evidence—including dates, timestamps, and video comparisons—established infringement without any triable issue .

The court also confirmed the earlier interim directions against Google LLC (which operates YouTube) to take down, block, and disable access to the twelve identified infringing URLs. Google, impleaded as an intermediary, did not contest the infringement but stated it would comply with any court order.

Injunction Granted, Damages Declined

The decree permanently restrains RSY News, its proprietors, partners, directors, and agents from reproducing, uploading, publishing, or distributing ANI's copyrighted works without authorisation. RSY News must remove the infringing videos and any other infringing content from its YouTube channels.

However, the court declined ANI's prayers seeking Rs. 2 crore in damages and a direction for RSY News to publish a public acknowledgment of the infringement. ANI had earlier given up its request to have the YouTube channels deleted.

The suit, along with pending applications, stands disposed of. The judgment reinforces that the 'fair dealing' exception does not shield wholesale copying in the news industry, and that digital platforms cannot rely on unverified licence claims to avoid liability.