Delhi HC on Shamshera: Recently, the Delhi High Court has allowed streaming Yash Raj Films Shamshera on the OTT platform after depositing Rs 1 crore with its registry. Justice Jyoti Singh passed this order on a lawsuit by Bikramjit Singh Bhullar alleging infringement of his copyright in the literature work ‘Kabu na chadhein Khet’ by the makers.
The order on August 18 in which the judge noted that last month the film was released in theatres and was scheduled to be released on OTT platforms on Friday. Therefore, to balance out the equities between both parties the most appropriate way to allow the film’s release on the OTT platform will be to deposit Rs 1 crore by August 22, 2022.
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And if the subject doesn’t deposit the money on time then the film will be banned from broadcasting further over OTT platforms from August 23, 2022, the court added.
“Considering the totality of the circumstances as well as the fact that the impugned film has already been released in theatres and is scheduled to be released on the OTT Platforms tomorrow i.e. 19.08.2022, in my view, in order to balance the equities between the parties, at this stage, it would be appropriate to permit Defendant No. 1 to release the impugned film “Shamshera”, on the OTT Platforms, subject, however, to Defendant No. 1 (Yash Raj Films Pvt Ltd) depositing a sum of Rs.1 Crore with the Registrar General of this Court, latest by 22.08.2022,” the court said.
“It is made clear that if the money is not deposited within the timeline granted by this Court, an injunction shall operate against the further telecast of the movie on the OTT Platforms with effect from 23.08.2022. Needless to state, the deposit is without prejudice to the rights and contentions of the parties to the lis and is only to balance the equities at this stage,” it added.
Opposition opposed the film’s release over the OTT platform as their was infringement of his copyright wherein the defendant party urged the court to not stop the release of film as they will violate their contractual obligations to third parties that may cause them loss.
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