of plaintiffs in such situations where they have to repeatedly seek blocking
orders against infringing channels. Thus, unless and until the identity of the
operators of these channels – who are ex facie infringers of the Plaintiffs’
copyright – are disclosed, the Plaintiffs are rendered remediless for recovering
damages. ‘Take down’ or blocking orders are merely token relief for the
interregnum and without monetary relief of damages, coupled with
mushrooming of infringing platforms, the copyright owner’s spirit to create
and write may be considerably negated. The protection of the same is integral
to the public policy behind the legislation as well. The legislative intention to
prevent such continued infringement and effectively implement the
provisions of the Copyright Act would be frustrated by any interpretation to
the contrary.
D.
Infringement of the Plaintiffs’ Copyright and Remedies
41.
Plaintiff No.1 is a teacher who has invested enormous effort in
preparing books and course material for students, who intend to give
competitive examinations. She is a renowned author with various books
covering a variety of subjects. She delivers lectures and coaching to students
through online platforms, as also through her company KD Campus Pvt. Ltd.
– Plaintiff No.2. The said company runs several coaching centres, where
thousands of students have enrolled. Both the Plaintiffs have published course
material, teaching material, books, sample question papers, educational
books, question banks, model questions and previous year’s question-answers
etc. All this involves enormous labour and effort to satisfy the basic test of
originality. During the pandemic, Plaintiff No.1 had delivered lectures online
both through the website www.kdcampus.org and the Plaintiffs’ mobile
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 29 of 51
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