Litigation News

Madras High Court grants anti-piracy injunction in favour of Aamir Khan-produced Batwara 1947

The Court directed internet service providers to block websites hosting pirated copies of the film.

S N Thyagarajan

The Madras High Court has granted an interim injunction to Aamir Khan Productions to prevent the unauthorised online and cable distribution of its recently released film Batwara 1947. [Aamir Khan Production Vs BSNL]

By way of an order passed on August 14, Justice K Surender directed internet service providers to block websites hosting pirated copies of the film.

The Court passed the direction after observing that the production house was likely to suffer irreversible injury unless the unlawful broadcast of the film was prevented.

“In matter of this nature, it is likely that irreversible injury will occur, unless unlawful broadcast is prevented,” the Court said while granting interim injunction.

The Court also issued notice to the respondents (mobile and internet service providers) and sought their responses.

The injunction will remain in force until September 11, when the matter will next be heard.

Batwara 1947, directed by Rajkumar Santoshi and starring Sunny Deol, Preity Zinta and Shabana Azmi, was released theatrically on August 14.

The production house relied on the Central Board of Film Certification (CBFC) certificate, which identified it as the film’s producer. The Court found that the document established a prima facie case regarding ownership of the copyright.

However, Justice Surender also noted that such wide-ranging relief could affect the legitimate business interests of one or more respondents. The injunction was, therefore, made conditional on the production house indemnifying the respondents against any loss caused to their legitimate business.

Advocate S Deepak represented Aamir Khan Productions.

[Read Order]

Batwara interim order.pdf
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