The Bombay high court has restrained OTT service providers like Wynk and Airtel from exploiting copyrighted works through either Internet broadcast or download features without obtaining or seeking a licence from the owners of such works. The OTT service providers have been seeking safe harbour under section 31-D of the Copyright Act. The court said, such use of the copyrighted works amounted to usurpation of the exclusive rights of the owners to commercially rent, sell or communicate to the public their sound recordings.
The court passed the order in the case of exploitation of works in the repertoire of Tips. It also restrained Wynk and Airtel from allowing interactive streaming of the songs. Justice Kathawalla passed the common order on 23rd April in favour of Tips Industries Ltd. in its two commercial IP suits filed against Wynk and Airtel.