VIACOM18 MEDIA PVT. LIMITED V. WWW.OREO-TV.COM AND ORS.

        CS(COMM) 367/2021

Regarding the right under the broadcasting and reproduction in Copyright Act

FACTS 

The Plaintiff owns and operate the VIACOM 18 Network of channels. Plaintif had acquired from the Liga Nacional De Football Professional (LNDFP), by way of Term, an exclusive license to broadcast / communicate to the public the La Liga 2021 matches in territories of Bangladesh, Bhutan, India, Pakistan, Maldives, Nepal, Sri Lanka (Territory) for a valuable consideration. The Defendant Nos. 1 to 32 are said to be websites engaged in the business of uploading pirated and unlicensed content; defendant Nos. 33 Defendant Nos. 57 to 137 are Internet Service Providers (ISP) who are engaged in the business of providing basic telephony, mobile services and broadband network all over the worldo 56 are multi system operators (MSOs) and local cable operators (LCOs) respectively

 

ISSUE : Whether the present case is that of copyright infringement and thus whether interim relief can be granted to the Plaintiff?

 

HELD

The Plaintiff have invested considerable time, effort and money acquiring the exclusive rights in the La Liga 2021 which is being internationally held and which hold considerable commercial value. Plaintiff also holds exclusive right, including digital rights and license in geographical region to transmit La Liga 2021 via digital platforms. And therefore without prior permission of the plaintiff, broadcast signals including any live transmission of la Liga providing footage, clips, live score updates, play-by-play commentary and / or textual and / or audio-only commentary, will not only amount to an infringement of the plaintiff’s exclusive rights in the La Liga 2021, but will also severely affect its ability to monetize the Media Rights through digital platforms.

Accordingly, the Defendants and their partners are restrained from broadcasting / communicating, telecasting, to subscribers or otherwise, through any means, the LA Liga 2021, whether through the plaintiffs Channels or platform or any other channel; transmitting / communicating to public / making available any match, footage, clip, audio-video, audio only and / or any part of the La Liga 2021, including live score updates, play-by- play and/ or textual and/ or audio-only commentary, through any website; reproducing, making sound and/ or visual recordings of the Plaintiffs Channels communicating the same to the public without authorization of the plaintiff; or doing any other thing as is likely to lead to infringement of the exclusive rights of the plaintiff in the La Liga 2021.The Court found that the balance of convenience in favour of plaintiff and prima facie a case for grant of interim relief to the plaintiff is made out.

CASE AT http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=142812&yr=2021

 

By

Rimjhim Tiwari

Intern

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