Mumbai: Observing that “strong prima facie case is made out”, the Bombay High Court granted a “dynamic injunction” against 32 Instagram account holders and John Doe (unknown parties) in a copyright infringement suit filed by the makers of the web series 'Scam 1992: The Harshad Mehta Story'.
A dynamic injunction allows the holder of copyright to approach the courts to extend the main injunction order against all mirror websites who may access the infringing website.
Proprietary rights violation
Justice Manish Pitale, on May 2, while granting relief, held that 32 social media accounts, which were added as defendants in the suit, used Instagram to illegally use parts or clips of the audio-visual content of the web series on their handles to promote their own business activities. This violated the proprietary rights of the makers, Applause Entertainment Private Limited, the court said.
The HC was hearing a suit filed by Applause Entertainment Private Limited seeking restrain on defendants and others from violating its copyright on the web series. Through the suit, Applause asserted its copyright as owner and proprietor of publicity and character rights with regards to the web series and the members of the cast.
Efforts to circumvent order of injunction of HC
Seeking dynamic injunction, the suit expressed apprehension that such illegal activities by the defendants and others were trying to circumvent the order of injunction of the High Court.
According to the suit, in December 2022, Applause came across several Instagram accounts using parts of the series, in the context of their businesses or for promotion of their accounts to generate revenue. It then filed a complaint with Meta Platforms Inc, which owns Instagram, but received no reply.
Later in March 2023, Applause found that more social media handles using its clips and abridged versions of the web series. It once again flagged its concern, to which it received a reply that it was not clear as to whether Applause was indeed the owner of the copyright in the series.
Aggrieved, Applause approached the HC.
HC restrained the defendants from infringing Applause's exclusive copyright and asked them to delete the existing infringing posts on their accounts.
In addition, Meta was directed to disclose all particulars of these handles.
“This Court is convinced that a strong prima facie case is made out by the plaintiff for grant of such ex-parte ad-interim reliefs. This court is also convinced that unless such interim reliefs are granted urgently in favour of the plaintiff, the plaintiff is likely to suffer grave and irreparable loss, thereby indicating that the balance of convenience also lies in favour of the plaintiff,” said the judge.
