The Bombay High Court has intervened in a heated dispute between Flipkart Internet Limited and Shemaroo Entertainment, granting Flipkart a stay on a criminal proceeding triggered by Shemaroo’s copyright claim.
On September 30, a magistrate’s court in Andheri ordered the registration of a First Information Report (FIR) against Flipkart and others, following Shemaroo’s allegation that Flipkart used its copyrighted content on social-media posts for promotional purposes without permission. Bar and Bench – Indian Legal news
However, the High Court bench — led by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad — stayed that order and listed the matter for further hearing on November 24. In the meantime, no further investigation or proceedings under the magistrate’s directive can continue. Bar and Bench – Indian Legal news
Shemaroo’s central contention is that Flipkart exploited its copyrighted material without a valid licence, positioning the alleged use as commercial exploitation rather than a permissible fair-use scenario. Bar and Bench – Indian Legal news
The magistrate, in its earlier ruling, concluded that the complaint disclosed cognisable and non-bailable offences under Sections 63 and 69 of the Copyright Act, read alongside Sections 318(3) and 3(5) of the BNSS. Bar and Bench – Indian Legal news
It also rejected the investigating officer’s decision not to register an FIR on the basis of fair-use protection, holding that the officer’s role is to register cognisable offence complaints, not to adjudicate their merits. Bar and Bench – Indian Legal news
Flipkart responded by filing a writ petition with the High Court, seeking relief from the FIR direction. Bar and Bench – Indian Legal news
Why this matters:
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The case touches on the evolving frontline of copyright law in the digital-age: how promotional use of media by platforms may or may not fall under fair use.
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By staying the FIR, the High Court has given Flipkart breathing space, but has not dismissed the issue — the final resolution remains pending.
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For content-owners like Shemaroo, the ruling underscores the tension between licensing control and digital platform-driven promotional strategies.
If you’d like, I can pull up the full court order (PDF) and highlight the key legal arguments presented.
