Asian News International (ANI) has filed a lawsuit against Over-the-top (OTT) service provider Netflix and filmmakers of the recently released mini-series IC814: The Kandahar Hijack, as reported by Bar and Bench. ANI has accused the filmmakers of using its copyrighted footage without a license and thus filed a case for copyright and trademark infringement.
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ANI sues Netflix and makers of IC 814: The Kandahar Hijack for alleged infringement of copyright and trademark.
ANI says the show uses its footages showing the then PM Atal Bihari Vajpayee, General Parvez Musharraf and terrorist Masood Azhar without licence.
Delhi HC… pic.twitter.com/ybmOSBzbNd
In its plea, ANI has stated that the makers of the IC814 series have used ANI footages that show clips of PM Atal Bihari Vajpayee, Pakistan’s General Parvez Musharraf, and terrorist Masood Azhar, and others without any license.
After hearing ANI’s plea in this matter, the Delhi High Court has issued notices to Netflix and other producers of the web series IC814.
Today (9th September), Justice Mini Pushkarna heard the matter briefly and asked Matchbox Shots, Benaras Mediaworks, and Netflix to file their replies to the petition filed by ANI for interim relief within two days. The matter will be heard on Friday (13th September).
Appearing for the news agency ANI, Advocate Sidhant Kumar categorically noted that they do not want to be associated with a show which exonerates Pakistan of its role in the plane hijack and which is basically a public relations exercise for the Pakistani spy agency ISI.
He added that the movie producer did approach them with a request for the use of their footage in the year 2021 but there was no agreement between the two sides regarding the use of the same.
Kumar said, “This show is not only (sic) controversial but anti-national and unpatriotic in the eyes of the public. I do not want to be associated with them… Four out of the six episodes use my footage extensively. I engaged a cameraperson in Pakistan who possibly has the only shot of Masood Azhar being released in Pakistan.”
He further stated that in one of the footage, ANI’s logo is visible which amounts to infringement of the agency’s trademark. He urged the court that the four episodes of the show using ANI footage must be taken down and its logo be blurred.
However, the counsel appearing for the movie producers rejected the claim.
Appearing for one of the producers of the web series, Advocate Hiren Kamod claimed that real news footage used in the show had been obtained through two other firms named Conceptual and Wilderness and an amount of ₹1.75 crore was paid for it.
He further claimed that Reuters (a shareholder of ANI) had given this footage to the other firms and show producers had a deal with them.
Stating that the show has been produced with a budget of over ₹100 crore, he asked, “Is it believable that we will not pay for the use of the footage.”
Another counsel appearing for Netflix argued that from the very beginning of the series, it is clear that the hijack was the work of ISI and the reason why ANI’s logo is in one of the footage is because it was the first statement by PM Vajpayee to the media.
The Counsel appearing for Netflix told the High Court, “The ANI just happened to be there. The purpose of showing its logo is not to take advantage or ride on the ANI name. The show glorifies the pilots and our forces.”
