Delhi High Court deprecates ANI conduct in copyright case against Dynamite News

The Delhi High Court on Tuesday criticised Asian News International (ANI) for directly approaching YouTube to block Dynamite News Network's channel over alleged copyright infringement despite the matter being pending [ANI Media Pvt Ltd v. Dynamite News Network Private Limited & Anr]..ANI had earlier filed a copyright infringement suit flagging nine videos uploaded by news portal Dynamite News on its YouTube channel. However, YouTube had already blocked the Dynamite News channel owing to the copyright strikes initiated by ANI.By way of an interim order in ANI's suit, a single judge on March 21 allowed the unblocking of the Dynamite's YouTube channel after it undertook to take down the nine videos. However, ANI later claimed copyright infringement in eight more videos. This time, it directly approached YouTube. In keeping with its internal policy, YouTube issued copyright strikes and again blocked the channel of Dynamite News. Dynamite News then approached the single judge, which on October 14 allowed the unblocking of its YouTube channel, subject to taking down the eight videos..Hearing ANI's appeal against the unblocking of the channel, the Division Bench of Justices C Hari Shankar and Om Prakash Shukla today expressed displeasure over the manner in which ANI had approached YouTube directly. It noted that the eight videos had been uploaded prior to the March 21 order and did not in any manner infringe the interim order of the single judge.“We express our undisguised displeasure in the manner the appellant [ANI] has proceeded in this matter. The YouTube channel of the respondent [Dynamite News] was unblocked after the March 21 order passed by the single judge in ANI’s copyright suit. The manner in which the appellant ANI managed to get the said order reversed and getting the respondent’s YT channel once again blocked by directly approaching YT, in respect to the URLs that were prior to passing of the March 21 order, deserves to be deprecated,” the Court stated. .The Court found ANI's appeal to be unjustified and found no infirmity in the decision of the single judge. In fact, it opined that the single judge was "unduly indulgent" to ANI.“The single judge has, if anything, been unduly indulgent to the appellant in directing the respondent to take down the infringing URLs without even examining the aspect of infringement. Single judge has been fair in his order. We fail to see how the appellant in any manner can be aggrieved. The order has directed respondent to take down the URLs for which YT channel will have to be unblocked. With that we are clear that appellant’s grievance stood assuaged. There was no legitimate grievance,” the Court said. The Court did not find any merit in the appeal and thus dismissed it in limine (at the start)..Senior Advocate Chander Lall, appearing for Dynamite News, earlier argued that since ANI had failed to obtain the relief to block Dynamite News from Court, it directly approached YouTube to ensure the same.He also submitted that ANI wanted Dynamite News to take its license.“We went through negotiations, mediation. Threats were handed out saying that we will remove your channel if you do not take our license. I have removed everything," the senior counsel said. .Senior Advocate Jayant Mehta, appearing for ANI, requested that the observations of Single Judge be limited to the present matter so that it is not cited against the news agency in other copyright infringement suits..The Court, however, refused to accede to this request, stating that it cannot bind the hands of other courts.“We are clear in our mind that we cannot pass any such order. If any such infringing clip is uploaded by any third party, that would constitute an independent lis. We cannot pass any pre-emptory direction even before any litigation has come in place, that would bind the hands of the court,” the Division Bench said..Senior Advocate Jayant Mehta with advocates Sidhant Kumar, Akshit Mago, Anshika Saxena and Mansvini Jain appeared for ANI.Senior Advocate C M Lall with instructed by a team of Fox & Mandal led by advocates Kunal Vajani along with Kunal Mimani, Prashant Alai and Abhinav Rana appeared on behalf of Dynamite News. Advocates Mamta Rani Jha, Shruttima Ehersa, Rohan Ahuja and Diya Viswanath appeared for YouTube. [Read judgment].[Read live coverage]