Cinefil v Hari Om Retail

In Cinefil Producers Performance Limited v Hari Om Retail, the Delhi High Court addressed whether films displayed in a commercial retail environment require a separate copyright license, even when accessed through ordinary digital or OTT platforms. Cinefil, a registered copyright society authorized to manage and license communication rights in cinematographic works, filed a claim against Hari Om Retail alleging that the retailer had been displaying films from Cinefil’s repertoire on television screens inside its electronics showrooms without obtaining the required cinematography performance license (CPL). Cinefil argued that such use infringed its exclusive right to communicate films to the public under the Copyright Act, 1957. Prior to initiating proceedings, Cinefil sent notices informing the retailer of the licensing requirements and later conducted an inspection that allegedly confirmed the continued use of protected content.

At the interim stage, the Delhi High Court accepted that access to films through OTT and digital subscription platforms does not automatically authorize their use in commercial spaces, as those services are generally licensed for personal and non-commercial viewing. The Court found that Cinefil had established a prima facie case, considered that the balance of convenience favored the claimant, and concluded that continued unauthorized use could cause irreparable harm to its licensing system. As a result, the Court granted an ex parte ad-interim injunction restraining Hari Om Retail from publicly displaying films from Cinefil’s catalogue through any medium until the appropriate license is obtained.

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