Madras High Court Grants Anti-Piracy Injunctions For 'Batwara 1947,' 'Awarapan 2'

The Madras High Court has recently granted anti-piracy protection to the Hindi films Batwara 1947 and Awarapan 2 after their producers approached the Court apprehending copyright infringement.

The films were scheduled for release on August 13 and August 14, respectively.

Justice K. Surender passed separate common orders on August 14 on applications filed by Aamir Khan Productions Pvt Ltd for Batwara 1947 and Vishesh Pictures Pvt Ltd for Awarapan 2.

Both production houses approached the Court apprehending infringement of copyright in their films.

Aamir Khan Productions asked the Court to stop unauthorised copying and circulation of Batwara 1947. It also sought directions to block websites and webpages carrying content relating to the film.

The production house also sought protection against cable operators. It asked the Court to stop them from copying, recording, reproducing, transmitting, distributing, displaying, uploading or downloading the film without permission. The request covered mediums including cable television and internet services.

Vishesh Pictures sought similar protection for Awarapan 2. Its applications also sought blocking of websites and restrictions on unauthorised copying, transmission, distribution and other forms of communication of the film.

Both producers submitted certificates issued by the Central Board of Film Certification describing them as the producers of their respective films. The Court treated these certificates as evidence of their ownership of copyright.

The Court noted that the producers were likely to suffer irreversible injury if unlawful broadcasts were not stopped. At the same time, it observed that the relief sought was expensive and could affect the legitimate business interests of the respondents.

The producers were therefore required to indemnify the respondents.

“Subject to this condition, order of ad interim injunction as prayed for are granted,” the court held in both cases.

It also directed that notices be issued to the respondents, returnable on September 11.

The applicants were also directed to comply with Order XXXIX Rule 3 of the Code of Civil Procedure. Both matters have been listed for hearing on September 11.