The Delhi High Court found multiple websites responsible for damages of Rs 20 lakh for “illegally streaming” the film Brahmastra Part One: Shiva, noting that film piracy is a significant contributor to losses in the film industry.
In a lawsuit filed by production company Star India Private Limited “seeking protection against unauthorized, illegal distribution of the film Brahmastra Part One: Shiva” starring Ranbir Kapoor and Alia Bhatt,” a single-judge bench of Justice Pratibha Singh on August 25 issued a permanent injunction prohibiting over 300 websites.
The Delhi High Court found multiple websites responsible for damages of Rs 20 lakh for “illegally streaming” the film Brahmastra Part One: Shiva, noting that film piracy is a significant contributor to losses in the film industry.
In a lawsuit filed by production company Star India Private Limited “seeking protection against unauthorized, illegal distribution of the film Brahmastra Part One: Shiva” starring Ranbir Kapoor and Alia Bhatt,” a single-judge bench of Justice Pratibha Singh on August 25 issued a permanent injunction prohibiting over 300 websites.
Justice Singh observed, “The present suit reveals that the mushrooming of websites has become the norm, especially, in respect of popular copyrighted content. The rights of the Plaintiff are not in doubt. Further, the Domain Name Registrars (DNRs), Department of Telecommunication, Ministry of Electronics and Information Technology, Internet Service Providers have all given effect to the various orders passed in this case.”
Justice Singh observed, “The present suit reveals that the mushrooming of websites has become the norm, especially, in respect of popular copyrighted content. The rights of the Plaintiff are not in doubt. Further, the Domain Name Registrars (DNRs), Department of Telecommunication, Ministry of Electronics and Information Technology, Internet Service Providers have all given effect to the various orders passed in this case.”
The high court awarded damages of Rs 20 lakh against the defendant websites, which “will be jointly and severally payable by the mirror websites” of the original 18 rogue websites, as stated in the order, after taking into account the fact that numerous websites were streaming or were found to be violating Star India’s copyright. All defendants in a lawsuit are liable for damages up to the total amount granted under the doctrine of joint and several liability.
Throughout the hearing, Star contended that its copyright in the movie was not in question and that other mirror websites had appeared while its action was pending. In addition to the steep legal fees, the corporation requested a permanent injunction order against each of the websites named as defendants in this case.
Justice Singh thereafter observed, “It needs no reiteration that piracy of cinematograph films is one of the biggest causes for losses in the film industry. Judicial pronouncements over the years have protected rights of producers in cinematographic films”.
The high court said that various legislative steps have been taken to curb piracy and recently, amendments have been carried out in the Cinematograph Act to deal with piracy in a stricter manner. “Cinematograph (Amendment) Act, 2023 has been enacted and notified on 4th August, 2023 to curb the menace of film piracy,” Justice Singh noted.
On September 2, 2022, the high court issued a temporary injunction preventing 18 malicious websites from violating Star India’s copyright in the movie. The Joint Registrar of the high court subsequently extended this injunction to at least 318 additional rogue websites and a few mirror websites through later decisions.
