Right to Prevent Piracy of One’s Materials and Creation

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The right to freedom of speech and expression protects the right to protect one’s artistic creation from piracy. It also includes the right to defend one’s creation from copying and circulation of pirated material or content.

In a 2019 decision,¹ the Delhi High Court, while deciding petitions to stop websites streaming pirated content, held that just as constitutional freedoms are regulated under reasonable restrictions, appropriate lines can be drawn to restrict access to infringing websites by creating a fine balance between freedoms and rights of everyone involved. The Delhi High Court, by issuing the first dynamic injunction in India, allowed the injunction holder to block all such content infringing websites through this order instead of filing separate suits for each infringement.

UTV Software Communications Ltd. v. 1337X.To, MANU/DE/1244/2019[↩]

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