The Delhi High Court has held that wholesale reproduction of copyrighted news videos cannot be treated as fair dealing merely because the material relates to reporting current events. Justice Purushaindra Kumar Kaurav passed the judgment in a copyright dispute between ANI Media Pvt. Ltd. and RSY News concerning videos uploaded on YouTube.
Background
ANI Media Pvt. Ltd. approached the Court alleging unauthorised reproduction of its original video works by RSY News across four YouTube channels. The record showed that RSY News had uploaded twelve videos between August 17 and October 27, 2024, reproducing ten ANI videos either wholly or substantially, without a licence or permission.
The Court also examined frame-wise comparisons placed on record by ANI. These showed that the copied videos retained ANI logos and on-screen graphics, while RSY News had placed its own mark over some frames. Certain frames also carried the words “Source: ANI”.
RSY News was served with the suit but did not enter appearance or file a written statement. It was consequently proceeded against ex parte. Google LLC, which operates YouTube, remained represented before the Court.
Justice Kaurav found that the original videos qualified as cinematograph films under the Copyright Act, 1957. The Court held that ANI had established ownership of copyright in the recordings and that the reproduction and communication of those videos to the public fell within the exclusive rights of the copyright owner.
The Court specifically rejected the contention that the use could be protected as fair dealing for reporting current events. It observed:
“Nor can the use be regarded as fair dealing for the reporting of current events under Section 52(1)(a)(iii) of the Copyright Act. The wholesale reproduction of ten videos operates as a substitute for the plaintiff’s works.”
The Court further noted that several videos were reproduced almost in their entirety. It also considered the documentary material concerning dates, channels, durations and timestamps sufficient to decide the dispute without oral evidence.
The Court allowed ANI’s summary judgment application and decreed the suit against RSY News. It permanently restrained RSY News and persons acting on its behalf from reproducing, uploading, publishing, distributing or otherwise exploiting ANI’s copyrighted works without authorisation.
RSY News was also directed to remove the twelve identified videos from its YouTube channels and other platforms, while the earlier directions to Google to take down, block and disable access to the identified infringing URLs were confirmed.
However, ANI’s prayers for public acknowledgment and damages were declined.
