Madras High Court Grants Relief To Zee Against Apprehended Copyright Infringement Of 'Bhootam Bhayam' Film

The Madras High Court has temporarily restrained internet service providers and cable TV operators from infringing Zee Entertainment Enterprises Limited's copyright in its Marathi film Bhootam Bhayam, which was released on July 24

The court observed that "irreversible injury" could occur unless apprehended unlawful broadcasts were prevented.

Justice K. Kumaresh Babu passed the order on two applications filed by Zee Entertainment in a suit alleging apprehended infringement of its copyright in the film.

In the first application, Zee Entertainment sought directions against 29 internet service providers to block websites, webpages and future websites hosting infringing content related to Bhootam Bhayam, including websites identified by the company after the film's release upon being notified in writing.

The second application was directed against four cable TV operators. Zee Entertainment sought to restrain them from copying, recording, reproducing, permitting camcording, or otherwise communicating the film through media such as CDs, DVDs, cable TV, DTH services, internet services, DAS and Conditional Access Systems without its licence.

The court noted that Zee had produced the CBFC certificate showing it as the producer of Bhootam Bhayam. It also took note of the promotional material indicating that the film was scheduled for release on July 24.

Explaining why immediate protection was warranted, the court observed, "In matters of this nature, it is likely that irreversible injury will occur, unless unlawful broadcast is prevented."

At the same time, the court said the relief sought was broad enough to potentially affect the legitimate business interests of one or more respondents. It therefore directed Zee Entertainment to furnish an indemnity in that regard before the injunction would operate.

Subject to that condition, the court granted the temporary injunction for four weeks, issued notice to the respondents returnable in four weeks, permitted private notice through Speed Post with acknowledgment due, directed compliance with Order XXXIX Rule 3 of the CPC, and listed the matter after four weeks.