Copyright Infringement: Delhi High Court Orders Blocking Of 12 Websites Illegally Streaming Content Of Universal City Studios

In a matter relating to copyright infringement, the Delhi High Court has ordered for blocking of 12 websites which were illegally streaming, hosting and making available to public the original content of Universal City Studios LLC, without its authorization.

Observing that Universal City Studios LLC had made out a prima facie case for grant of ex-parte ad-interim injunction, Justice Jyoti Singh restrained the 12 websites from hosting, streaming, reproducing, distributing, making available to the public or communicating to the public any cinematograph work or content in relation to which Plaintiffs had a Copyright.

The Court also directed Department of Telecommunications (DoT) and Ministry of Electronics and Information Technology (MEITY) to take immediate steps and issue requisite Notifications, calling upon various internet and telecom service providers registered under them to block the said websites.

It was the case of the plaintiffs that they were amongst the leading global entertainment companies engaged in the business of creation, production and distribution of motion pictures and cinematograph films, having exclusive rights to communicate their content. Plaintiffs' films being works of visual recording, which include sound recordings accompanying such visual recordings, qualify as a "cinematograph film" under Section 2(f) of The Copyright Act, 1957.

It was thus argued on behalf of the plaintiffs that Defendant Websites were providing illegal content for free and such availability of content was supported by the advertisements featuring on these websites.

It was also submitted that the primary purpose of the Defendant Websites was to commit or facilitate copyright infringement. Thus, Defendants No. 1 to 12 were liable for infringement under Section 51(a)(ii), Section 51(b) and Section 51(a)(i) of the Act, for making a copy of the original content.

It was also argued that several of the domains or websites sought to be blocked by the present proceedings were new iterations of domains that were earlier blocked and that the collected by the investigator showed that the operators of the Defendant Websites were using known "pirate branding" to signal to users that the Defendant Websites were merely new iterations of sites that had been blocked earlier.

Accordingly, the Court ordered thus:

"…in order for this Court to be freed from constant monitoring and adjudicating the issues of mirror/redirect/alphanumeric websites, it is directed that as and when the Plaintiffs file an application under Order 1 Rule 10 CPC for impleadment of such websites, Plaintiffs shall file an affidavit confirming that the newly impleaded website is a mirror/redirect/alphanumeric website which appears to be associated with any of the Defendant Websites based on its name, branding or the identity of its operator, or has been discovered to provide additional means of accessing the Defendant Websites and other domains/domain along with their subdomains and subdirectories, owners/website operators/entities which are discovered to have been engaging in infringing the Plaintiffs' exclusive rights, with sufficient supporting evidence."

The Court said that the Plaintiffs shall comply with the provisions of Order 39 Rule 3 CPC within 10 days.

Case Title: UNIVERSAL CITY STUDIOS LLC & ORS. v. VEGAMOVIES.RUN & ORS.

Citation: 2022 LiveLaw (Del) 412

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