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DELHI HIGH COURT
PRATHIBA M.SINGH
Star India Pvt. Ltd. – Appellant
Versus
Moviesghar.art – Respondent
| Table of Content |
|---|
| 1. copyright ownership and protection (Para 2 , 3 , 4) |
| 2. preliminary injunction granted to protect copyrights (Para 5 , 6) |
| 3. enforcement of blocking orders for infringing domains (Para 7 , 11) |
| 4. current status of defendants and infringement (Para 8 , 9 , 10) |
| 5. permanent injunction granted against defendants (Para 12) |
| 6. final decree and dismissal of applications (Para 13 , 14) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done through hybrid mode.
2. The present suit has been filed by Plaintiff No. 1-Star India Pvt. Ltd. and Plaintiff No.2-Novi Digital Entertainment Pvt. Ltd. against various rogue websites arrayed as Defendant Nos.1 to 42 in the plaint. In the suit, the Plaintiffs seek a permanent injunction restraining the said websites from retransmitting, broadcasting, streaming or in any manner communicating to the public the cinematograph film `Bhuj: The Pride of India'.
3. The Plaintiffs are producers and owners of various television channels as also `Disney + Hotstar' mobile application and OTT platform. The case of the Plaintiffs is that they are a leading production house and own exclusive copyrights in respect of a large number of cinemato
Courts can grant permanent injunctions against unauthorized streaming of copyrighted material, affirming producers' exclusive rights, especially when unauthorized use could cause financial harm.
Summary judgment can be granted if the Defendant has no real prospect of succeeding in the matter, and the Court may explore the possibility of deciding the dispute by a summary judgment without a sp....
The judgment establishes the legal principle that unauthorized distribution of copyrighted films is prohibited under the Cinematograph Act, 1952, and perpetrators can be held liable for damages and c....
Indian Copyright Act, 1957 confers a bundle of exclusive rights on owner of a “work” and provides for remedies in case copyright is infringed.
Point of Law : Suit that was intended to protect Plaintiff’s investment in film ‘Big Bull’ and to ensure that no unauthorised online telecast of film takes place, suit has served its purpose.
The court upheld the exclusive digital rights of a streaming service and granted an injunction against unauthorized websites, ensuring compliance with copyright provisions.
The judgment establishes the need for dynamic injunctions to protect copyrighted works, including future works, and emphasizes the role of ISPs and government authorities in combating internet piracy....
The central legal point established in the judgment is the infringement of exclusive rights to a cinematograph film under the Copyright Act, 1957, and the liability of rogue websites, domain name reg....
Provisions of Order XIII-A of CPC, as applicable to commercial disputes.#12;
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