‘Kannappa’ Film Piracy: Delhi High Court Directs Meta & X to Take Down Infringing URLs

‘Kannappa’ Film Piracy: Delhi High Court Directs Meta & X to Take Down Infringing URLs

Introduction

The Delhi High Court has granted an ex-parte injunction in favor of Twenty-Four Frames Factory Private Limited, the producers of the film "Kannappa", directing Meta and X to take down infringing URLs hosting pirated content of the film. The Court found that the plaintiff had made out a prima facie case and would suffer irreparable harm if the injunction was not granted.

Factual Background

The film "Kannappa" is based on religious folklore about Lord Shiva and his devoted followers, capturing the journey of the follower and his transformation in exploring spirituality. The plaintiff, Twenty-Four Frames Factory Private Limited, is a reputed production house that specializes in developing and producing cinematographic films and other forms of creative content. It was established by veteran actor and producer Dr. M. Mohan Babu and holds copyright to the film under Sections 13(b) and 14(d) of the Copyright Act, 1957.

The plaintiff submitted that it had made substantial investments in the film, and prior to the official release, unauthorized clips, reels, and even full versions were found circulating on rogue websites and social media platforms.

Procedural Background

The plaintiff filed a suit seeking a dynamic injunction, blocking of infringing content, revocation of rogue domain names, disclosure of domain registrants, and other necessary reliefs, including damages. The plaintiff also filed an application under Order XXXIX Rules 1 and 2 read with Section 151 CPC for grant of ex-parte ad-interim injunction.

Contentions of the Parties

Plaintiff's Contentions: The plaintiff contended that the infringement was not only voluminous but also persistent and technologically facilitated, causing irreparable harm to its financial interests and industry credibility. The plaintiff stressed the urgency of the situation, citing extensive unauthorized circulation across multiple platforms. It also pointed out that an anti-piracy agency had reported 1,776 infringing links on Meta platforms, but only 191 had been taken down, reflecting inadequate enforcement.

Defendant's Contentions: Defendant 2 (Meta Platforms Inc.) appeared on advance notice and submitted that it had already acted on 191 infringing links. The defendant also expressed its willingness to comply with any further directions issued by the Court. Other defendants were either ex parte or not present at this stage.

Court’s Observations

The Court observed that the plaintiff had indeed established a prima facie case warranting interim protection. The balance of convenience lay in favor of the plaintiff, especially in light of the commercial scale of investment and the potential for irreparable damage.

The Court emphasized that piracy on such a scale undermines the plaintiff’s lawful entitlement to commercially exploit the film and negatively impacts its exclusive licensing agreements. It further noted that despite complaints, infringing content remained live, necessitating immediate judicial intervention.

Reasoning & Analysis

The bench of Justice Jyoti Singh emphasized that inaction at this stage could undermine the plaintiff’s lawful entitlement to exploit its intellectual property and dilute the exclusivity offered to licensed distributors. The Court also noted that the matter involved repeated piracy through multiple platforms, including Instagram, Facebook, and X (formerly Twitter), and cited the need for action under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

The Court found merit in the plaintiff’s plea for a dynamic injunction, considering the technologically adaptive nature of copyright infringement.

Implications

The Court's decision highlights the importance of protecting intellectual property rights in the digital age and the need for swift judicial and platform-level responses to curb online piracy. The ruling also reinforces the obligation of intermediaries under Indian law to act expeditiously in cases of reported copyright infringement.

Outcome

The Court granted an ex-parte ad-interim injunction in favor of the plaintiff and directed Meta Platforms Inc. to take down and disable the infringing URLs hosting pirated videos on Instagram and Facebook. It also directed X Corp. to take down and disable the infringing URLs, to be executed in accordance with the IT Rules, 2021.

The order will remain in force until further directions from the Court.

In this case, the plaintiff was represented by Ms. Neha Khanduri and Mr. Achal Mittal, Advocates. Meanwhile, the defendant was represented by Mr. Varun Pathak, Mr. Akhil Shandilya, and Mr. Mrityunjay Roy, Advocates for D-2 and D-3; Ms. Nidhi Raman, CGSC, with Mr. Arnav Mittal and Mr. Om Ram, Advocates for D-5 and D-6.