Asia News International (ANI) has filed a lawsuit against Netflix and the producers of the mini-series “IC 814: The Kandahar Hijack,” alleging copyright and trademark infringement. The case, presented in the Delhi High Court, targets Matchbox Shots LLP, Benaras Media Works, series director Anubhav Sinha’s production company, as well as Netflix US and Netflix India. ANI is seeking the removal of four episodes from the six-episode series or a commitment from the filmmakers to eliminate the infringing content.
Key Allegations
- Unauthorized Use of Footage: ANI claims that the series has made extensive use of its footage without proper authorization. This includes what ANI describes as “probably the only footage” of Mohammad Masood Azhar, the founder of the Pakistan-based terrorist organization Jaish-e-Mohammed, which was captured by ANI’s camera personnel in Karachi.
- Trademark Infringement: ANI argues that its logo appears in some of the footage, constituting trademark infringement. The agency expressed concern that allowing such unauthorized use would discourage investment in news collection, emphasizing that news gathering is a business.
- Concerns Over Representation: Advocate Siddhant Marwah, representing ANI, stated that the series has been criticized for allegedly whitewashing Pakistan’s role in the hijacking incident. He emphasized that ANI does not want to be associated with a series perceived as anti-national or as a public relations effort for Pakistan’s intelligence agency, ISI.
Defense Arguments
- Producers’ Claims: Advocate Hiren Kamod, representing Matchbox Shots, argued that the production company entered into agreements with Conceptual Pictures Worldwide Ltd and Wilderness Films India Pvt Ltd, granting them rights to use the footage. Kamod also stated that ANI had licensed the footage to Reuters, which subsequently provided it to other companies involved in the production.
- Netflix’s Position: Counsel for Netflix contended that they had obtained rights to use the footage through these agreements and argued that any claims of infringement should be directed at those who provided the footage rather than Netflix itself.
Court Proceedings
Justice Mini Pushkarna heard initial arguments but did not grant any interim relief in favor of ANI at this stage. She directed the defendants to file their replies within two days and scheduled further consideration of the case for September 13 and 16.
The resolution of this lawsuit could have significant implications for copyright law and media representation in India, particularly regarding how archival footage is utilized in film and television productions.