Supreme Court Refuses To Stop Streaming Of Reality Show "Lock Upp" Over Copyright Infringement Dispute

The Supreme Court on Thursday refused to entertain a petition filed seeking directions to Alt Balaji and its agents to restrain from exhibiting and publishing the series 'Lockupp' on OTT platforms, YouTube and other social medias, alleging copyright infringement on part of the show makers. 

The relief was sought as an interim relief in a Special Leave Petition against the judgment dated 26th February 2022 passed by the Telangana High Court setting aside the ad-interim injunction granted by Trial court against the Reality show Lock Upp.

While noting that the show has already been telecasted, a bench comprising Justice MR Shah and Justice BV Nagarathna granted liberty to the petitioner to move the Trial Court for expeditious hearing of their interim injunction application.

The direction was issued after Senior Advocate Vaidyanathan appearing for petitioner Prime Media sought permission to withdraw the petition and submit an application for early hearing of injunction application before the trial court.

During the hearing, Senior Advocate Vaidyanathan appearing for Pride Media submitted that the petitioner has a registered copyright in its favour. He further urged the court to suspend the show for one week, to enable the trial court to hear their interim application for injunction.

The Bench however observed that the show has already been released and the case has become virtually infructuous.

Senior Advocate Mukul Rohatgi appeared for Alt Balaji on caveat and submitted that he is opposing the petition.

Courtroom Exchange:

"The show is already released! What are we considering then?" the Bench remarked

"The High Court has considered everything in detail. That all preparations have already been done. They can't be restricted at this stage now!" Justice Shah said

"First episode has already come. Mr. Counsel, You'll deprive audience from watching 2nd episode. I've also seen advertisements of Lock Upp. This petition is virtually infructuous." Justice Shah said.

"The show released on 27th February. Nothing is left in this case. The unique part of the show is it is a 24 hour daily show. If you put in on at 12 am or 5 am it's a daily show. There are people in a Lock Upp and their entire life is depicted from 27th February and it will end on 10th May", Rohatgi submitted.

"You seem to have sufficient knowledge on it Mr Rohatgi" Justice Shah said, in a lighter vein.

"I haven't seen it, but I was surprised that it is a reality show for twenty hours every day", Mr Rohatgi said.

"It is something like Bigg boss, but here it is for twenty four hours" Justice Nagarathna said..

"I wasn't naming Bigg Boss but…" Justice Shah responded

"Bigg Boss was one or two hours, this is 24 hours." Mr Rohatgi said 

Senior Advocate Vaidyanathan said that the High Court didn't even give the petitioner an opportunity to file a reply.

"Even High Court wanted to see Lock Upp, because in the Trial court order, the Trial Court said that we have seen Lock Upp", Justice Shah said. 

"I've been of the view that all Judges should go and see the Lock Ups and see the condition" Mr Vaidyanathan said. 

Details: The petitioner's case is that the Petitioner Pride Media along with Mr. Shantanu Ray, the Writer-cum-Director had registered their concept 'The Jail' with the Screenwriters' Association on 07.03.2018,

Eventually when the Petitioner was in the process of accumulating finances the Petitioner came across the trailer of 'Lockupp' which was completely identical to the concept of 'The Jail'.

They therefore approached the Ld. XI Additional Chief Judge, City Civil Courts in Hyderabad by way of filing a Suit for Declaration and Permanent Injunction under Section 62 of the Copyrights Act, seeking an ad-interim relief.

The petition has stated that the Ld. Additional Chief Judge, City Civil Courts in Hyderabad upon taking cognizance of the fact that the concept of 'The Jail' registered by the Petitioner being identical to that of 'Lockupp', the trailer of which was screened in open court and scheduled to be premiered on 27.02.2022, granted an ad-interim injunction against the Respondent.

The Trial court therefore restrained the AltBalaji and their agents from releasing, exhibiting and publishing the series 'Lockupp' in theatres, OTT Platforms, YouTube or any social media.

The Respondent Digital Media Entertainment Ltd ( Alt Balaji) then filed an appeal against the Interim Order 23.02.2022 and the High Court set aside the Interim Order through its order dated 26.02.2022.

According to the petitioner, the series 'Lockupp' as on date stands aired on an OTT Platform from 27th February onwards, which is spread over a period of 72 days.

The Petitioner has submitted that it duly apprised the Respondents including Alt Balaji, Balaji Telefilms and Ekta Kapoor about the copyright infringement by promoting their series 'Lockupp' but such intimations were paid no heed to by the Respondent and they continued to promote their series

According to the petitioner, the High Court without appreciating that the order under challenge was an Interim Order, proceeded with allowing the Appeal and rendering the Petition under Order XXXIX Rule 1 & 2 pending adjudication before Trial court practically infructuous.

The present special leave petition has been filed through Advocates Gaichangpou Gangmei, Advocate Arjun D. Singh, and Advocate Sridhar Potaraju. 

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