The year 2015 witnessed the Indian film industry becoming
vigilant about preventing the piracy of their movies. This
vigilance in Bollywood led to a couple of John Doe orders passed
against the copyright infringers. It seems that this trend of
obtaining John Doe orders is here to stay in 2016 as well as the
Delhi High Court recently passed the order against potential
copyright infringers in a civil suit filed by Balaji Motion
Pictures Limited. The film producers were under the apprehension
that their forthcoming release 'Kya Kool Hai Hum 3' would
be made available online by various miscreants despite the work
being protected under the Copyright Act, 1957. The film producers
impleaded the Telecom Regulatory Authority of India (TRAI) as a
defendant in the suit due to the fact that various cable operators
are governed by TRAI and it is because of lack of implementation of
the existing provisions of the Copyright laws by the Government
Authority that such infringements are continuously committed.
The Delhi High Court passed the order restraining around 300
entities from making available to the public, the movie 'Kya
Kool Hai Hum 3' unless a prior authorization was obtained from
the movie producers. Interestingly, the High Court has instructed
the Government Authorities to ensure 'compliance of the
order.' The concept of copyright owners themselves seeking
remedies through courts to prevent infringement in itself shows
that there is a major lack of will to implement copyright laws and
it is time that this concern is addressed by the Indian Government.
More so, the film industry as a whole suffers significant losses
because of rampant piracy. It has become imminent for Government
Authorities to: 1) introduce initiatives to create IP awareness
across the country; and 2) Ensure strict enforcement of the
existing laws to deter individuals from committing such infringing
acts. Such a move will not only advance the interest of IP owners
but also benefit the government's ongoing 'Make in
India' and 'Digital India' initiatives.
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