Legal Victory In Battle Of Screens: Film  Industry Fights Back Against Digital Piracy  

Keywords: Brahmastra, Delhi High Court, Piracy, Injunction, Rouge websites, Ranbir  Kapoor, Copy Right 

In a resounding victory for the film industry, Delhi high court issued a permanent injunction  against all rogue websites and mirror websites. This injunction prevents them from infringing  on Star India Pvt. Ltd.’s copyright by hosting, streaming, or distributing “Brahmastra Part  One: Shiva” without proper authorization. Furthermore, the court ordered the mirror websites  to pay damages of Rs. 20,00,000, to be jointly and severally liable. Additionally, the Plaintiff  (Star India Pvt. Ltd.) was awarded the actual costs of the lawsuit.  

Justice Prathiba M Singh passed a permanent injunction against at least 338 websites for  infringing copyrights held by Star India Private Limited¹. In a decisive legal battle, the film  industry has secured a significant victory in the fight against digital piracy. Star India Pvt.  Ltd., a leading production and distribution company, emerged triumphant as the court issued  a landmark judgment against rogue websites engaged in the unauthorized distribution of the  blockbuster film “Brahmastra Part One: Shiva.”  

The case, which unfolded in a hybrid courtroom setting, saw Star India Pvt. Ltd. seeking  protection for its intellectual property against a network of rogue websites that were illegally  distributing the film. This epic legal saga involved an array of defendants, including the rogue  websites themselves, co-producers of the film, domain name registrars, internet service  providers, and government entities. The plaintiff, Star India Pvt. Ltd., is renowned for its  contributions to the Indian film industry, having produced numerous Hindi films.  “Brahmastra Part One: Shiva,” released in 2022, boasted an ensemble cast of top Bollywood  stars, including Ranbir Kapoor, Alia Bhatt, Mouni Roy, Amitabh Bachchan, and Shahrukh  Khan.  

At the heart of the case was the rampant piracy that threatened to erode the film’s commercial  value and infringe on Star India’s copyright. The lawsuit primarily targeted rogue websites  (Defendant Nos. 1 to 18) that were engaged in piracy by hosting, streaming, and distributing  

the film without proper authorization. To combat this menace, the court initially granted an  interim injunction on September 2, 2022, prohibiting rogue websites from broadcasting the  film. This move was in line with previous legal decisions and the imperative to curb piracy in  the digital era. As the legal proceedings continued, additional rogue websites, numbering  from 41 to 359, were identified and added as defendants. The case also involved the use of  mirror websites, which were created to evade the court orders and continue infringing on the  film’s content. These mirror websites were found to be broadcasting the film. The court’s  judgment also referenced recent legislative amendments, such as the Cinematograph  (Amendment) Act, 2023, which aimed to strengthen measures against film piracy. The Court  said the suit filed by Star India reveals that mushrooming of websites has become the norm,  especially with respect to popular copyrighted content.² 

The judgment underscores the significance of protecting the rights of filmmakers and content  creators in an era where digital piracy poses a significant threat to the industry’s economic  viability. It also serves as a testament to the collaborative efforts of the film industry, legal  authorities, and legislative amendments to combat digital piracy and safeguard intellectual  property. This victory not only strengthens the legal framework against piracy but also sends  a powerful message that the film industry is determined to protect its creations, ensuring that  artists and producers receive their due recognition and compensation. It marks a significant  milestone in the ongoing battle against digital pirates and serves as a beacon of hope for  content creators across the industry. As the film industry celebrates this legal triumph, the  fight against digital piracy continues, with the hope that such decisive judgments will deter  unauthorized distribution and promote a fair and sustainable environment for creativity and  innovation in the world of cinema.  

Written by: Tanvi Bansal  , College name: University Institute Of Legal Studies, Panjab University  Semester: 3^rd  As an intern under Legal Vidhiya  

¹ BAR AND BENCH, https://www.barandbench.com/news/delhi-high-court-film-piracy-websites-illegally streaming-brahmastra-part-one-shiva (last visited on 1st September, 2023). 

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