Delhi HC has allowed a plea by Star India seeking to restrain 18 websites from illegally streaming Ranbir Kapoor and Alia Bhatt's Brahmastra. Star India had filed a plea before the Delhi High Court seeking an ex-parte ad-interim injunction against various websites. The matter was heard by a single judge bench of Justice Jyoti Singh, who agreed to hear the plea on an urgent basis. The bench issued notices to all 18 defendants and sought their response to the suit by December 14.
Star India stated in its suit that they are a leading entertainment company, globally known for producing and distributing movies and television shows. They further stated that huge sums of money had been invested in the production and promotion of Brahmastra.
The case made by Star India was that Brahmastra is a work of visual recording, which also includes sound recordings. Hence, it qualifies as a “cinematograph film” under the Copyright Act and the makers of the film are entitled to all rights and protections granted under the Act for cinematograph films. The plea further stated that any third party who interferes with or exploits any of the exclusive rights, without permission of the makers, would be deemed to infringe their copyright.
Star India claimed before the High
Court that hosting, streaming, reproduction or distribution of the film in any form without authorisation from the copyright owners would count as infringement of copyright. They stated that it is an industry practice to release a film for theatrical exhibition first and then make it available for viewing on different platforms. “Theatrical release of a film is the most important stage as the commercial value of a film depends on the popularity and success it achieves in this period. However, the rouge websites, in order to make illegal gains, make infringing copies and make them available for viewing, downloading and communication to the public almost simultaneously along with the theatrical release," the makers claimed.
The single judge bench of Delhi HC in its order stated, “There is no gain saying that piracy has to be curbed and needs to be dealt with a heavy hand and injunction against the screening of copyrighted content by rogue websites ought to be granted”. The Court further held, “This Court prima facie agrees with the plaintiff that if the rogue websites communicate the film in any manner, on any platform, simultaneously with the theatrical release of the film or in its close proximity, it would severely impact the interest of the makers monetarily and will also erode the value of the film."