The Bombay High Court recently awarded a ‘dynamic injunction’ against thirty-two Instagram account holders and John Doe (unknown parties) in a copyright infringement suit filed by the creators of the online web-series Scam 1992: The Harshad Mehta Story.
Justice Manish Pitale held that thirty-two social media accounts added as defendants in the suit used Instagram to illegally use parts or clips of the audio-visual content of the web series on their handles to promote their own business activities.
This was a violation of proprietary rights of the makers, Applause Entertainment Private Limited.
Applause apprehended such illegal activities by the current defendants as well as other entities by creating multiple identities (social media handles) to circumvent the High Court’s order of injunction.
As a result, Justice Pitale deemed it appropriate to provide ex-parte relief of dynamic injunction.
A dynamic injunction allows the copyright holder to approach the courts to extend the main injunction order against all mirror websites that may access the infringing website.
Applause had asked the Court to assert its copyright as the owner and proprietor of publicity and character rights in relation to the web series and its cast members.
In December 2022, it was discovered that Instagram accounts were utilising parts of the series in the context of their businesses or to promote their accounts in order to gain income.
Following that, the production company filed a complaint against such accounts, but received no response from Instagram. The account holders allegedly continued with their activities of infringing on Applause’s proprietary rights.
Applause identified other social media handles in March 2023 by using clips and abbreviated versions of the web series. When this was reported, Meta Platforms Inc, which owns Instagram, did not respond. The company eventually responded to Applause, arguing that it was unclear whether Applause was truly the owner of the series’ copyright.
As a result, Applause was forced to file a petition before the High Court.
The Court prohibited the defendants from infringing on Applause’s exclusive copyright subsisting in the web-series and asked them to delete any existing infringing posts on their accounts. Meta Platforms was also ordered to remove, delete, or take down the infringing Instagram posts.
Meta was also ordered to provide Applause with all details about these handles, including but not limited to their contact information, mobile numbers, email addresses, IP addresses, and physical location.
