RAKESH KUMAR MEHTA Vs. DUSHYANT KUMAR & ANR

JUDGEMENT

(1.) Present suit is filed by the plaintiff seeking a decree in favour of the plaintiff and against the defendants for permanent injunction thereby permanently injuncting the defendants from reposting the videos including the 101 video lectures as already posted and from further posting any other video under any name or guise on the website of defendant No.2 or any other social media or publically accessible online platform. Various other reliefs are sought including a decree against defendant No.1 for grant of damages of Rs.1,00,00,000/- for the unauthorised and illegal use of the original literary work of which the plaintiff is the author and holds a copyright thereof.

(2.) The case of the plaintiff is that he is the owner and author of original literary works contained in the video recording of the classes/lectures of the Chartered Accountancy Course delivered by him on V-Sat platform while teaching students. Defendant No.1 has claimed himself to be a Chartered Accountant and has admitted that he has posted the videos unauthorisedly under a channel named proclaimed as "CA-ROCK" on YouTube. It is pleaded that defendant No.1 has infringed the copyright of the plaintiff. Defendant No.2 is said to be a website/service platform owned by Google Inc named YouTube LLC.

(3.) As far as defendant No.1 is concerned, on 17.1.2017 the submission of defendant No.1 was noted that he is willing to suffer a decree of permanent injunction restraining defendant No.1 from reposting the plaintiff's videos including 101 lectures which were posted earlier on any of the websites. The suit hence survives only against defendant No.2.