43.
These screenshots which have been incorporated in the plaint and the
other infringing material disclosed on record, clearly leave no modicum of
doubt that the channels, which are running on the Telegram platform, illegally
and unauthorizedly are disseminating and communicating the Plaintiffs’
works, that too for monetary gains and infringing the Plaintiffs’ rights. The
infringing channels are also so brazen that they use the names of the Plaintiffs,
such as KD Publications, Neetu Singh, etc., in the channel titles, without any
hesitation.
44.
As discussed above, as per the provisions of the Copyright Act, the
copies of the Plaintiffs’ works, which are circulated on Telegram channels,
constitute infringing copies of the Plaintiffs’ works as defined under Section
2(m). In this background of clear infringement by the impugned channels,
relying upon Sections 55 and 58 of the Copyright Act, as discussed above, the
Court may direct seizure of the “infringing copies” in case of infringement, as
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:31.08.2022
12:12:31
CS (COMM) 282/2020
Page 31 of 51
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