Delhi High Court Issues Summons On Yash Raj Films' Copyright Infringement Suit Against ‘Triller’

The Delhi High Court on Tuesday issued summons to Triller, an entertainment and music platform, on a suit moved by Yash Raj Films (YRF) accused it of copyright infringement by permitting third party users to modify and adapt the sound recordings of the production company through an extraction tool, without a valid license or authorization.

Triller, which operates a website and an application, is a short video network or platform meant for creation and sharing of audio or video content.

It is YRF's case that the platform is making its work available to the users and “actively engaging and assisting in the infringement of its valuable rights” without any license and thereby infringing exclusive copyright in the work of the production company. The plaintiff company has sought atleast Rs. 6 crores as damages from the defendant platform.

Justice Amit Bansal also issued notice on an application seeking interim relief.

As the counsel appearing for Triller submitted that he will seek instructions in the matter on the issue of 'extraction policy' of the platform, the court listed the matter for hearing on February 2.

YRF has told the court that though it has sent several legal notices to Triller, the platform has sought to rely on the “safe-harbour” protection guaranteed to intermediaries.

The suit states that although some links indicated in the legal notices were taken down, the platform failed to comply with its takedown obligation and various links remain active.

“It is also pertinent to note that the Impugned Platforms contain various features, such as the audio extraction feature, which are beyond the limited role of an intermediary specified under Section 79 (2)(a) of the IT Act, thereby disentitling the Defendant from the ’safe-harbour’ protection guaranteed to intermediaries under the IT Act,” the suit states.

During the hearing today, YRF's counsel submitted that Triller platform needs to put reasonable measures in place so that the infringement does not recur.

On the other hand, Triller’s counsel said that the platform has not turned a blind eye in the matter, adding that settlement talks have taken place between the parties.

As per the suit, Triller has deliberately and willfully chosen not to install any technological measure or safeguard tool to identify YRF's works being used by third party users, despite sample lists and examples of infringement being reported to it more than 30 times.

The suit seeks a decree of permanent injunction restraining Triller from hosting, reproducing, digitally transmitting, modifying and making available to public the works in which YRF has the copyright, without any license or authorisation.

Title: Yash Raj Films Private Limited v. Triller, Inc.