Delhi High Court seeks YouTube, ANI responses to Mohak Mangal plea seeking reinstatement of his videos

The Delhi High Court on Friday sought responses from YouTube and Asian News International (ANI) on an application filed by digital content creator Mohak Mangal seeking the reinstatement of his videos taken down due to copyright strikes. [ANI v. Mohak Mangal & Anr]

Justice Manmeet Pritam Singh Arora said to counsel for YouTube,

"I am not satisfied with your reply, you file a reply to the application. Issue notice. They have filed a petition before you to reinstate their videos as per your policy. YouTube is directed to file a reply on merits within 2 weeks."

ANI was also granted two weeks time to file its reply.

Appearing for Mangal, Senior Advocate Diya Kapur and Advocate Nakul Gnadhi argued that pursuant to ANI's copyright strikes to take down the videos, YouTube gave an option to file a counter notification.

"In my counter notification, I say fair use. All I am doing is using 7 seconds in a 30 minute video. It is a clear case of freedom of free speech and fair use. They say to me that unless your get a court order, I will not reinstate your video. The Court in this case has not directed removal of videos. Bypassing judicial system, this sovereign function is being discharged by YouTube where they have decided that this video cannot be reinstated."

Mangal has stated in his application that YouTube rejected his plea seeking reinstatement on the ground that ANI has initiated court proceedings to prevent the videos from being reinstated. Accordingly, as per its internal policy, YouTube has stated that it will reinstate the videos only after the final outcome of the court proceedings.

This is causing irreparable loss and harm, Mangal claimed.

Senior Advocate Saurabh Kirpal and Advocate Sidhant Kumar, appearing for ANI, stated,

"I have a suggestion: if you edit the video removing my video, I will withdraw the suit. I am a news agency. I charge people to collect news. If I do not get money, I cannot generate content. I also need need money. Either you pay us or edit it."

This suggestion was declined by Mangal.

"This is a very important issue on freedom of free speech and fair use," Kapur replied.

This fresh application has been filed in the copyright and trademark infringement suit filed by ANI before the district court that was transferred to the High Court.

ANI had initiated two separate proceedings against Mangal.

In the suit before the High Court, ANI has accused Mangal of disparagement and defamation over his remarks that the news agency's copyright strikes on YouTube and demands for licensing fees to use their videos amount to extortion.

On May 29, Mangal had agreed to remove objectionable references to ANI in his video.

In the suit before the district court, which was subsequently transferred to the High Court, ANI has alleged illegal and unauthorised reproduction of ten of its videos by Mangal on his channel. It has also claimed that Mangal also used the news agency's logo without permission.

Therefore, it has sought a permanent and mandatory injunction as well as damages of ₹50 lakh for alleged copyright infringement, piracy, plagiarism, unjust enrichment and other wrongs.

Along with Kapur, Advocates Nakul Gandhi, Mujeeb and Tanish Gupta represented Mangal.

Along with Kirpal, Advocate Sidhant Kumar appeared for ANI.

[Read live coverage]