Tanisha Rana
Published on: November 7, 2022 at 20:39 IST
The Indian National Congress (INC) and its mass movement, Bharat Jodo Yatra, were ordered by a commercial court in Bengaluru to have their Twitter accounts temporarily blocked following a copyright infringement lawsuit brought by MRT Music (the plaintiff), who claimed that the handles had improperly used the sound records from the film KGF-Chapter 2 [MRT Music vs. Indian National Congress and Ors.].
The plaintiff would suffer irreparable harm if the claimed unauthorised use of sound records was encouraged, the court prima facie ruled, and the same would also encourage piracy more broadly.
“Plaintiff has specifically produced CD showing the side by side file i.e., original version of his copyrighted work with that of the illegally synchronized version.”
“These prima facie materials available before this court at this stage establishes that if same is encouraged plaintiff who is in the business of acquiring cinematography films, songs, music albums etc., will be put to irreparable injury and further same leads to encouraging the piracy at large,” the Court stated.
In view of the above, the Court issued an ex-parte injunction preventing the defendants from using the plaintiff’s copyrighted work in an unauthorised or illegal manner until the next hearing date.
Additionally, it ordered Twitter to remove three links from its website and to block INC and Bharat Jodo Yatra’s twitter accounts.
MRT’s legal counsel argued that because the respondents were using their music unlawfully and violating their rights, it was necessary to appoint a Commissioner to conduct an electronic audit, look over INC’s Twitter account, as well as Bharat Jodo Yatra’s Twitter, Instagram, YouTube, and Facebook accounts, and to preserve any infringing content.
The Court concurred and ruled that if a commissioner was not appointed, the purpose of obtaining the injunction would be undermined.
In order to examine the defendants’ accounts, conduct an electronic audit, and save infringement-related materials so they could be inventoried, it nominated an administrator of its computer division as a local commissioner.
“This court is convinced that object of granting an injunction would be defeated by delay if commissioner is not appointed to make local inspection.”
“Accordingly, Sri. S.N. Venkateshmurthy, District System Administrator of Computer Section, Commercial Court, Bengaluru is appointed as Local Commissioner to visit the defendants 1 to 3 website, conduct electronic audit and preserve the infringing materials available in the above social media and prepare inventory of the same and store the same in this court’s system and separate CD,” the order stated.
NSK Attorneys, Bengaluru, served as MRT Music’s legal counsel.