IC 814 Series: ANI Sues Netflix Over Copyright Infringement

SUMMARY

In its petition, ANI has alleged that the Netflix show used footage featuring then PM Atal Bihari Vajpayee, General Parvez Musharraf, and others without any licence

Netflix claimed that it had a deal with British news agency Reuters, also an ANI shareholder, which provided the footage for the show

In its plea, ANI has urged the HC to pass directions to Netflix to take down the four episodes and blur ANI logo throughout the series

News agency Asia News International (ANI) has reportedly sued Netflix and producers of the show “Watch IC 814: The Kandahar Hijack” over alleged copyright and trademark infringement.

As per Bar & Bench, the Delhi High Court on Monday (September 9) issued notices to Netflix as well as show producers, Matchbox Shots and Benaras Mediaworks, to furnish their responses in connection with the case within two days.

A single-judge bench comprising Justice Mini Pushkarna briefly heard the matter and passed the directions. The court will next hear the matter on Friday (September 13).

In its petition, ANI has alleged that the Netflix show used footage featuring the then Prime Minister Atal Bihari Vajpayee, General Parvez Musharraf, and others without any licence. The news agency’s counsel contended that ANI’s logo is visible in one of the footages, which amounted to trademark infringement.

The agency has urged the HC to pass directions to Netflix to take down the four episodes that featured ANI footage and blur its logo.

ANU’s counsel Sidhant Kumar argued that the news agency does not want to be associated with a show which “exonerates Pakistan of its role in the plane hijack”, adding that the show was now being termed as a public relations exercise for the Pakistani spy agency ISI.

Kumar said while the producer of the show approached the news agency with a request for use of their footage in the year 2021, no formal agreement was signed between the two sides.

“This show is only controversial but anti-national and unpatriotic in the eyes of the public. I do not want to be associated with them… Four out of the six episodes use my footage(s) extensively. I engaged a cameraperson in Pakistan who possibly has the only shot of Masood Azhar being released in Pakistan,” Kumar argued.

The counsel appearing for the producers rejected the claim. Arguing for one of the producers, advocate Hiren Kamod said that footage used in the show was obtained through two other firms, Conceptual and Wilderness, and an amount of INR 1.75 Cr was paid for it.

Kamod added that the producers have a deal with British news agency Reuters (an ANI shareholder), which gave the footage to the show producers.

Another counsel appearing for Netflix contended that the reason why ANI’s logo is in one of the footage is because it was the first statement by PM Vajpayee to the media.

“… ANI just happened to be there. The purpose of showing its logo is not to take advantage or ride on the ANI name. The show glorifies the pilots and our forces,” Netflix counsel told the court.

It is pertinent to note that the show has been in trouble since its release. Last week, the Ministry of Information and Broadcasting (I&B) summoned Netflix’s content head Monika Shergill to seek an explanation on the alleged deviation of the show from the original incident.

Afterwards, the OTT platform assured the government of keeping its content in accordance with “nation’s sentiments” in the future.

The Anubhav Sinha-directed series, which depicts the hijacking of an Indian Airlines flight in 1999, caused an uproar online, with social media users claiming that the producers intentionally changed the names of the hijackers.

Afterwards, Netflix added new disclaimers to the six-episode show to include the real and code names of the hijackers