Bombay High Court restrains YouTube, others from infringing copyright of SOBO Films

The Bombay High Court on Thursday issued a order against YouTube, Daily Motion and several unidentified parties for infringing the copyrighted content of Sobo Films' regional TV shows, including Sun Naam Oruvar. .Justice R I Chagla found that SOBO Films had established a prima facie case of copyright infringement. The Court highlighted that the plaintiff had demonstrated "irreparable damage," noting that the unauthorised exploitation of its works had significantly undermined its ability to monetise its content.It also directed YouTube and Daily Motion to immediately remove the infringing content and extended the injunction to address ongoing piracy by anonymous infringers. .The dispute arose from the licenses granted by SOBO Films to Sun TV to air Sun Naam Oruvar, along with Memu Saitham (Telugu) and Sada Nimmondige (Kannada). Sun Naam Oruvar, the Tamil talk show hosted by actor Vishal, aired on Sun TV from October 7, 2018 to January 13, 2019.These licenses expired in 2019, but SOBO Films claims that Sun TV continued to broadcast and upload episodes of the shows on its platforms, including Sun NXT, YouTube and Daily Motion, without authorisation. Despite several cease-and-desist notices issued by SOBO Films between 2020 and 2024, Sun TV allegedly failed to stop airing the content.Additionally, pirated versions of the shows were found on digital platforms, with over 200 instances of infringement identified by SOBO Films’ anti-piracy agency, AiPlex Software..SOBO Films argued that the unauthorised exploitation had caused substantial financial losses and hindered the distribution of its own content. For instance, it claimed that YouTube’s algorithm blocked SOBO Films' legitimate uploads because of the pre-existing infringing versions uploaded by third parties. In response, Sun TV claimed that the shows in question were no longer being aired or exploited on its platforms and assured the Court that it would ensure that they do not appear again. YouTube also agreed to remove the infringing links as per the list provided by SOBO Films in the suit..Sobo Films was represented by Advocates Rashmin Khandekar, Ameet Naik, Megha Chandra, Madhu Gadodia, Sujoy Mukherji and Deveesha Tudekar of Naik Naik & Co.Sun TV Network Limited was represented by Advocates Hiren Kamod along with Advocates Vanditta Malhotra Hegde, Rishi Mody and Archi Gala, instructed by VMH and Associates.Google LLC-YouTube was represented by Advocate Chanakya Keswani along with Advocate Dinesh Pednekar from Economic Laws Practice..[Read order]