Hari Om Retail Private Limited restrained from unauthorized broadcasting of copyrighted films
In a significant ruling, the Delhi High Court has granted an ex-parte ad-interim injunction in favor of Cinefil Producers Performance Ltd. against Hari Om Retail Private Limited, preventing the latter from unauthorized communication of copyrighted cinematograph films. The judgment, delivered by Justice Tushar Rao Gedela on May 7, 2026, underscores the protection of intellectual property rights in the realm of digital content and commercial broadcasting.
The plaintiff, Cinefil Producers Performance Ltd., is a registered Copyright Society managing a repertoire of over 8,000 cinematograph films on behalf of more than 750 copyright owners. The defendant, a prominent electronic retail chain in Delhi, was allegedly broadcasting copyrighted films for commercial purposes without obtaining the necessary Cinematograph Performance Licenses (CPLs).
The plaintiff demonstrated a strong prima facie case of copyright infringement under the Copyright Act, 1957, specifically Sections 14(d)(iii), 33(3), and 51. The court observed that the balance of convenience was tilted in favor of the plaintiff, and that irreparable loss would be suffered if the injunction were not granted.
Cinefil Producers claimed that the defendant was using OTT platforms like Amazon, Netflix, and YouTube to stream copyrighted content for commercial use, which violates the terms and conditions of these platforms that restrict use to personal, non-commercial purposes. The court noted that the defendant's actions amounted to commercial infringement of digital content under Section 51 of the Act.
Justice Gedela directed Hari Om Retail to cease infringing activities and obtain the necessary CPLs before resuming communication of copyrighted content. The defendant was ordered to suspend satellite and cable television transmission facilities, along with internet-enabled digital transmission environments within its premises, to prevent further unauthorized communication of the plaintiff's repertoire.
The judgment highlights the stringent measures being enforced by Indian courts to uphold copyright laws and protect the rights of registered Copyright Societies against unauthorized commercial exploitation of intellectual property.
Bottom line:-
Copyright infringement - Unauthorized communication of copyrighted cinematograph films by a commercial establishment without obtaining the requisite statutory license - Ex-parte ad-interim injunction granted to protect the rights of a registered Copyright Society.
Statutory provision(s): Copyright Act, 1957 Sections 14(d)(iii), 33(3), 51; Commercial Courts Act, 2015 Section 12A
