Scam 1992: HC grants injunction against Instagram infringers

In a recent copyright infringement suit filed by the producers of the web series Scam 1992: The Harshad Mehta Story, the Bombay High Court granted a dynamic injunction against 32 Instagram account holders and John Doe (unknown parties). The court found that the social media accounts added as defendants in the suit had used Instagram to illegally use parts or clips of the audio-visual content of the web series on their handles to promote their own business activities, thus violating the proprietary rights of the makers, Applause Entertainment Private Limited.
Justice Manish Pitale deemed it fit to grant an ex-parte relief of dynamic injunction, which allows the holder of copyright to approach the courts to extend the main injunction order against all mirror websites who may access the infringing website. Applause had approached the Court asserting its copyright as owner and proprietor of publicity and character rights with regard to the web series and the members of the cast.
In December 2022, Applause found that Instagram accounts using parts of the series in the context of their businesses or for promotion of their accounts to generate revenue. The production house then filed a complaint against such accounts but received no response from Instagram. The account holders allegedly continued with their activities of infringing on the proprietary rights of Applause. Further, in March 2023, Applause discovered additional social media handles using clips and abridged versions of the web series. When this was flagged, Meta Platforms Inc, which owns Instagram, failed to respond. The company eventually replied to Applause, claiming that it was not clear as to whether Applause was indeed the owner of the copyright in the series.
The court restrained the defendants from infringing Applause's exclusive copyright with regard to the web-series. Meta Platforms was also directed to remove/delete/take down the infringing posts from Instagram. Additionally, Meta was directed to disclose to Applause all particulars of these handles.
Advocates Hiren Kamod, Rahul Dhote, Narayani Prakash Choudhary, Raj Shah, and Prashant Pandharikar appeared for Applause in this case.