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Delhi High Court, India: Action should be taken to curb piracy

        The Delhi High Court has approved the plaintiff, Star India (Star India) According to "1908 Code of Civil Procedure, 1991 (CPC) " The first 151 And provisions of the Code 39 Number instruction rule 1 Sum rule 2 A unilateral temporary injunction filed.

        Delhi High Court Judge Jyoti.Singh (Jyoti Singh) Order restriction 18 A rogue website streaming/trusteeship 9 month 9 Bollywood movie released on Sunday "Brahma talisman 1: Shiva (Brahmastra Part 1: Shiva) " .

        In addition, The court also directed the Ministry of Telecommunications and the Ministry of Electronics and Information Technology to give the necessary notice, It called on Internet service providers to block access to websites.

        Films as audiovisual recordings belong to India "Copyright law (Copyright Act) " The first 2 article (f) paragraph, The first 13 article (1) Sum of funds 13 article (2) Paragraph and the Act 5 referential "film" , The film has already been released in India, enjoy "Copyright law" Grant all rights and protections to film production.

        "Copyright law" The first 14 article (d) Section provides plaintiffs with access to the provisions of the Act 2 article (ff) Section defined by the public "spread" Exclusive rights to the film. According to "Copyright law" The first 51 Provision of article, Any interference or use of any exclusive rights by any third party without Plaintiff's permission shall be deemed to infringe Plaintiff's copyright.

        Without plaintiff's authorization, On any platform (Including the Internet and mobile platforms) Trusteeship in any way, Streaming transmission, copy, Dissemination and public availability as well (or) Distributing or assisting in the distribution of the film to the public will be considered an infringement of the plaintiff's copyright.

        Rogue websites should be liable for copyright infringement, They have no basis "Copyright law" The first 52 article (1) paragraph (c) Item enjoyment exemption, Because they are not entities that temporarily or incidentally store the plaintiff's work, Copyright infringers on the Internet are treated the same as those in the real world.

        Singh points out, At or near the time when the movie is released in theaters, Online distribution will have a serious impact on producers' finances, And damage the value of the film.

        She pointed out that: "No doubt, Piracy must be curbed and dealt with severely, And an injunction should be granted to prevent rogue websites from screening copyrighted content... The plaintiff presented prima facie evidence for the court granting unilateral interim relief. "

        The court mentioned in its order: "Until the next trial, The first 1 to 18 Defendant No (Rogue website) And all the representatives and (or) Persons acting on their behalf shall not host on their website in any way via the Internet or any other platform, Streaming transmission, forward, exhibition, Available for viewing and download, Provide access to and (or) Communicate to the public, Show to the public, upload, modify, release, Update and (or) Share a movie "Brahma talisman 1: Shiva" And related content, All such actions violate the copyright enjoyed by the plaintiff. " (Compiled from www. latestlaws. com)

        Reprinted from China Intellectual Property Network  translation: Rason group proofread: Liu Peng


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