Ott Platform Copyright Disputes India.
OTT Platform Copyright Disputes in India
1. Legal Framework Governing OTT Copyright Disputes
Key Statutes
Copyright Act, 1957
Section 13 – Copyrightable works
Section 14 – Exclusive rights (reproduction, communication to public, adaptation)
Section 18 & 19 – Assignment and licensing
Section 51 – Infringement
Section 52 – Fair dealing exceptions
Information Technology Act, 2000
Intermediary liability (Section 79)
Notice-and-takedown obligations
Nature of Copyright Issues on OTT Platforms
Digital streaming rights
Over-the-top (OTT) communication to the public
Licensing disputes between producers and platforms
Unauthorized remakes or adaptations
Moral rights of authors
Territorial and time-bound license violations
2. Key Categories of OTT Copyright Disputes
Unauthorized streaming or distribution
Disputes over digital / OTT rights
Adaptation and remake without consent
Moral rights violations
Fair dealing vs commercial exploitation
Intermediary liability of OTT platforms
3. Important Indian Case Laws on OTT Copyright Disputes
Case 1: Tips Industries Ltd v. Wynk Music Ltd
Court: Bombay High Court
Facts:
Tips owned sound recording copyrights.
Wynk (OTT music streaming platform) streamed Tips’ music without valid license.
Wynk claimed statutory licensing under Section 31D.
Issues:
Whether Section 31D statutory licensing applies to OTT platforms.
Whether digital streaming amounts to “communication to the public”.
Decision:
OTT platforms cannot rely on Section 31D meant for radio and TV broadcasters.
Streaming on OTT platforms is commercial exploitation, not free use.
Injunction granted against Wynk.
Significance:
Landmark ruling clarifying that OTT platforms must obtain proper licenses.
Digital streaming = communication to the public under Section 14.
Case 2: Super Cassettes Industries Ltd v. MySpace Inc.
Court: Delhi High Court
Facts:
MySpace hosted copyrighted music uploaded by users.
T-Series alleged copyright infringement.
MySpace claimed intermediary protection.
Issues:
Whether OTT-style platforms are liable for user-uploaded infringing content.
Scope of safe harbour.
Decision:
Intermediary protection available only if:
Platform removes infringing content upon notice.
Does not actively participate in infringement.
Failure to act after knowledge removes protection.
Relevance to OTT Platforms:
OTT platforms hosting user-generated or licensed content must exercise due diligence.
Basis for liability standards applied to modern OTT services.
Case 3: Yash Raj Films Pvt Ltd v. Sri Sai Ganesh Productions
Court: Delhi High Court
Facts:
Defendant made an unauthorized remake/adaptation of a film.
OTT and satellite rights were affected.
Decision:
Remake rights are separate and exclusive.
Unauthorized adaptation infringes copyright even if storyline is altered.
Application to OTT:
OTT platforms streaming remakes without valid remake rights are liable.
Adaptation rights must be specifically licensed.
Case 4: Sholay Media and Entertainment v. Parag Sanghavi
Court: Delhi High Court
Facts:
Unauthorized use of scenes, characters, and title of “Sholay”.
Digital and OTT exploitation involved.
Decision:
Copyright subsists in:
Characters
Scenes
Dialogues
Digital exploitation without license constitutes infringement.
Significance:
OTT platforms cannot stream derivative content using iconic elements without permission.
Confirms character copyright applicable to OTT content.
Case 5: Saregama India Ltd v. Next Radio Ltd
Court: Supreme Court of India
Facts:
Dispute over scope of license for sound recordings.
License granted before OTT era.
Issues:
Whether old licenses automatically cover digital/OTT rights.
Decision:
License must be strictly interpreted.
Rights not expressly granted remain with copyright owner.
Relevance to OTT:
OTT platforms cannot rely on legacy licenses unless digital rights are explicitly mentioned.
Many OTT disputes arise due to ambiguity in old agreements.
Case 6: R.G. Anand v. Deluxe Films
Court: Supreme Court of India
Facts:
Alleged copying of a play into a film.
Decision:
No copyright in ideas, only in expression.
Substantial similarity test applied.
Application to OTT:
OTT originals alleged to be copied from books, films, or series are judged using substantial similarity test.
Widely applied in plagiarism allegations against web series.
Case 7: Arbaaz Khan v. North Star Entertainment
Court: Bombay High Court
Facts:
Dispute over digital exploitation of a film.
OTT release without clear consent.
Decision:
Producer’s consent mandatory for digital release.
OTT release is a distinct mode of exploitation.
Significance:
OTT release requires separate contractual clarity.
Reinforces OTT as an independent commercial medium.
Case 8: MRF Ltd v. Metro Tyres Ltd (Applied to OTT Advertising)
Relevance:
Though not an OTT case directly, applied in OTT advertising disputes.
Principle:
Comparative advertising using copyrighted material must not cause confusion or misrepresentation.
Application:
OTT ads using copyrighted visuals or clips must comply with copyright and trademark law.
4. Key Legal Tests Applied in OTT Copyright Disputes
| Test | Explanation |
|---|---|
| Communication to the public | Streaming qualifies as public communication |
| License scope test | Rights must be expressly granted |
| Substantial similarity | Used in content copying disputes |
| Intermediary liability | Knowledge + inaction = liability |
| Fair dealing | Narrowly interpreted for commercial OTT use |
5. Common OTT Copyright Violations in India
Streaming content beyond license territory or duration
Uploading user-generated infringing content
Using songs or film clips without clearance
Unauthorized remakes or adaptations
Moral rights violations (distorted edits, altered endings)
6. Remedies Available Against OTT Platforms
Injunction against streaming
Blocking of specific content
Damages or account of profits
Take-down orders
Contract termination
7. Conclusion
Indian courts have clearly established that:
OTT platforms are not passive broadcasters.
Digital streaming is a commercial exploitation requiring explicit licensing.
Intermediary protection is conditional, not automatic.
Old licenses do not automatically include OTT rights.
Adaptation, remake, and character rights are strictly enforced.
OTT platforms are therefore expected to exercise heightened copyright compliance, making copyright disputes one of the most litigated areas in Indian digital media law.
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