Delhi High Court: In a suit filed by Red Chillies Entertainments Pvt. Ltd. (plaintiff) seeking there is an abysmal absence of a collaborative effort that should ideally be undertaken by the intermediaries and the State, C. Hari Shankar, J., restrained the defendants from copying, recording, reproducing, allowing recording, transmitting, communicating or making available for distribution, duplication, display or release, exhibiting or playing in any manner, any stills, audio/video clips, songs, recordings or other proprietary information relating to the cinematographic film “Jawan” or any part thereof without a proper license from the plaintiff, through any medium.
It is alleged that the clips and stills from the film Jawan starring Shah Rukh Khan, Nayanthara and Atlee Kumar were already available on the internet over various platforms, though no license to broadcast or transmit any part of the film has, to date, been granted by the plaintiff to any entity. A list of websites identified by the Court as rogue websites have been indulging in screening and making available, without authorization, cinematograph films.
The first clip shows a fight sequence involving the male protagonist of the said Film, Mr. Shah Rukh Khan. This fight sequence was shot by the Plaintiff on the film set in closed doors. In the second, a dance sequence between Mr. Shah Rukh Khan and the Film’s female lead actor, Ms. Nayanthara can be seen. A song of the Film, which is not yet in the public domain is being heard in the background. These Leaked Video Clips are making rounds of various social media platforms including those being run and operated by the aforesaid Defendants.
Counsel for the plaintiff submitted that the plaintiff is the producer of the film and, therefore, the copyright holder of its contents, and the plaintiff has not licensed the transmission or distribution or broadcasting of the film to any other entity till now, thus, the plaintiff is entitled to injunctive relief.
In an interim application seeking interlocutory injunctive relief, the Court noted that the principles of prima facie case, the balance of convenience, and irreparable loss lies in the favour of the plaintiff, the plaintiff is entitled to interlocutory injunctive relief even at this stage.
The Court restrained the defendants from copying, recording, reproducing, allowing recording, transmitting, communicating, or making available for distribution, duplication, display or release, exhibiting or playing in any manner, any stills, audio/video clips, songs, recordings, or other proprietary information relating to the cinematographic film “Jawan” or any part thereof without a proper license from the Plaintiff.
The Court directed defendants 2 to 5 to immediately block and take down all infringing contents described in the following URLs and the offending clips.
The Court directed defendants 6 to 40 and all others acting on their behalf to block access to the websites/webpages mentioned in Schedule B to the plaint, as well as any mirror/alphanumeric/redirect website thereof.
The Court also directed that should any other such content spring up on the internet and come to the notice of the plaintiff, the plaintiff must immediately intimate Defendants 6 to 40 in that regard, and the said defendants would promptly take down/block access to the said content.
[Red Chillies Entertainment Pvt. Ltd. v. Ashok Kumar, 2023 SCC OnLine Del 2384, decided on 25-04-2023]
Advocates who appeared in this case :
Mr. Raj Shekhar Rao, Sr. Advocate with Mr. Parag Khandhar, Mr. Nizam Pasha, Ms. Chandrima Mitra, Mr. Krishan Kumar and Mr. Varun Kalra, Advocates for the Plaintiff;
