A Delhi court recently restrained ed tech company Unacademy from using videos of news wire agency Asian News International (ANI) [ANI Media Pvt. Ltd. Vs. Pathfinder By Unacademy & Anr.]..The videos were being used by Unacademy on its YouTube channel 'Pathfinder by Unacademy'In the order passed on July 14, District Judge Hemani Malhotra of the Patiala House Courts also directed Unacademy to take down the videos flagged by ANI. The Court further directed Google to take down, block and disable access to the infringing content.“Defendant no.1 [Unacademy] is restrained from posting, publishing, uploading, distributing, re-publishing on any platform, or using in any manner, plaintiff’s original videos or any copyrighted work or content of the plaintiff, including on platform of Youtube maintained by defendant no.2 [Google LLC],” the Court ordered further..ANI moved the Court against Unacademy for allegedly using its works on the YouTube channel without obtaining any license, authorization or consent. The news agency stated that the three videos are its original works and Unacademy is gaining commercially by using them on its YouTube channel, that has over 1.26 million subscribers.It was argued that the news agency engages a large number of camerapersons, journalists and equipment to cover and present news stories, making it the first owner of copyright with an exclusive right to commercially exploit the videos. “Pathfinder by Unacademy Channel, without any license or authorization copied the Original Videos of the Plaintiff, often in entirety, including all its qualitative and quantitative aspects. It is clearly exploiting the original works of the Plaintiff for its commercial gain by increasing its subscribers,” ANI stated in its suit..One of the videos is ANI’s interview with Michael Rubin, a former Pentagon official. The others an interview with Patanjali co-founder Ramdev on the Pahalgam terror attack and the recording of India’s interception of Pakistani drones in Samba.ANI had filed copyright strikes on YouTube after which Unacademy issued its counter-strike, taking the defence of fair dealing in discussing news reports for civil service candidates.Thereafter, ANI approached the Court seeking a permanent and mandatory injunction as well as damages of ₹5 lakh for copyright infringement, piracy, plagiarism and unjust enrichment..Advocate Anshika Saxena at Unum Law appeared for ANI.Advocate Himani Sachdeva appeared for Google.[Read Order]
