Sunshine Pictures Limited secures legal protection against unlawful broadcast by Internet service providers and cable TV operators.
In a significant development concerning copyright protection in the film industry, the Madras High Court, presided over by Justice Senthilkumar Ramamoorthy, has granted an ad interim injunction in favor of Sunshine Pictures Limited. The legal action was initiated to prevent the unauthorized broadcasting of the cinematographic film titled "The Kerala Story 2".
The order was issued in response to applications filed by Sunshine Pictures Limited, which is the producer of the film. The company presented a CBFC certificate as evidence of its ownership of the film's copyright. The film, slated for release on the same day, was at risk of unlawful broadcasting by various Internet service providers and cable TV operators, prompting the need for immediate legal intervention.
Justice Senthilkumar Ramamoorthy acknowledged the potential for irreversible harm that could be caused by unauthorized broadcasting of the film. Recognizing the expansive nature of the relief sought, the court also considered the possibility of affecting the legitimate business interests of the respondents. To balance these concerns, the court mandated that the plaintiff must indemnify any legitimate business interests impacted by the injunction.
The interim order restrains the respondents from broadcasting the film until March 23, 2026, providing Sunshine Pictures Limited with a crucial window to protect its intellectual property rights. The court has directed the issuance of notices to the respondents, with a return date set for the same day. Additionally, private notices are permitted, and the applicant is required to comply with Order XXXIX Rule 3 of the Civil Procedure Code.
This decision marks an important precedent in the protection of intellectual property rights within the Indian film industry, emphasizing the judiciary's role in safeguarding creative works against unauthorized distribution.
Bottom Line:
Copyright infringement - Ad interim injunction granted to restrain Internet service providers and cable TV operators from unlawfully broadcasting cinematographic film titled "THE KERALA STORY 2".
Statutory provision(s): Copyright Act, 1957, Order XXXIX Rule 3 of CPC
Sunshine Pictures Limited v. Bharath Sanchar Nigam Limited, (Madras) : Law Finder Doc id # 2860656
