Yashraj Films copyright infringement: Delhi HC issues summons to US audio-video platform ‘Triller’

Malhotra submitted that ‘Triller’ needs to take measures to ensure that such infringement does not occur. “They have provided an extraction tool. They have provided an enabling feature, wherein you click on a link and are able to extract the audio,” from the videos uploaded on the Triller app which provides for the creation and sharing of audio/video content. Triller’s counsel submitted that he would take proper instructions on the matter from his client. He submitted that each time they were informed of the infringement they repeatedly removed the links.

The High Court, thereafter, issued summons in the lawsuit and also issued a notice in Yashraj’s application for interim relief to restrain ‘Triller’ from exploiting Yashraj’s works on its platform and further take down the said works and thereafter not make such particular sound recording available to be exploited on the platform. The HC listed the case for hearing on February 2.

In its lawsuit, Yashraj Films – a 52-year-old globally recognised production house in the Indian entertainment industry – claimed that ‘Triller’, through the extraction tool available on its platform, makes available Yashraj’s works to Triller’s users for uploading of “audio-visual content/ short videos”.

The suit further stated that the platform illegally uploads, stores, reproduces, makes copies, creates new works embodying Yashraj’s works, “commercially exploits, communicates to the public, makes a sound recording in respect of the plaintiff’s works, adapts, modifies, synchronizes and/or otherwise exploits or permits the aforesaid acts” by users of the platform, without a valid license. The suit claimed that ‘Triller’ has more than 65 million monthly active users from all over the world, including India.

The suit states that although Yashraj has sent several cease and desist notices to ‘Triller’, some of which have been responded to, the platform has sought to rely on the ‘safe-harbour’ protection guaranteed to intermediaries under the Digital Millennium Copyright Act (a USA enactment, which also find a place in Indian law in the form of Information Technology Act, 2000) to continue its infringing activity.

“Further, though some links indicated in the notices were taken down by the defendant, it is pertinent to note that the defendant failed to comply with its takedown obligation effectively and several of the links still remained active and continued to resurface repetitively. It is also pertinent to note that the impugned platforms contain various features, such as the audio extraction feature, which are beyond the limited role of an intermediary specified under Section 79 (2)(a) of the IT Act, thereby disentitling the defendant from the ‘safe-harbor’ protection guaranteed to intermediaries under the IT Act,” the suit stated.

Yashraj Films has sought damages of Rs 6 crore from ‘Triller’ for exploiting Yashraj’s works on the platform.

The suit claimed that ‘Triller’ has continued to engage in “wilful disregard” of Yashraj’s rights and claims by “refusing to obtain a licence” for the production house’s works, while the infringements on Triller’s app and website continue “unabated and unaccounted”.