HC summons Netflix over copyright infringement in IC 814: The Kandahar Hijack

The Delhi High Court on Monday issued summons to Netflix and the producers of the web series IC 814: The Kandahar Hijack following a copyright infringement lawsuit filed by Asian News International (ANI). 

ANI has accused the series’ producers, Matchbox Shots LLP, of using its exclusive footage from the 1999 hijacking without permission. The news agency is seeking a court order to remove four episodes due to the unauthorized use of its content.

Justice Mini Pushkarna, heading the single bench, sought responses from all parties and scheduled the next hearing for Friday.

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During the hearing, ANI’s counsel argued that four episodes prominently feature the agency’s exclusive footage, including material related to the Kargil War, interviews with then Prime Minister Atal Bihari Vajpayee, and footage of terrorist Maulana Masood Azhar. ANI asserts that this content, gathered by its reporters assigned to cover the incident, is protected under copyright.

ANI has requested either the removal of the episodes or the blurring of its trademarks within the footage. The agency also emphasized that it does not wish to be associated with the series, which it claims promotes Pakistani propaganda.

“This show is not only controversial but anti-national and unpatriotic. I do not want to be associated with it,” ANI’s counsel argued, adding that the agency's cameraman in Pakistan had captured the only available footage of Masood Azhar’s release.

In response, the series’ producers argued that their use of the footage was lawful. They claimed to have obtained licences from Conceptual Pictures Worldwide Pvt Ltd and Wilderness Worldwide India Pvt Ltd. The producers' legal team stated that ANI had originally licensed the footage to Reuters, which transferred the rights to other companies, eventually allowing the producers to use the footage legally.

The producers also revealed they had paid ₹1.75 crore for the footage and presented supporting correspondence. Additionally, they had contacted other companies, including NDTV, for more hijacking footage.

"The show was produced with a budget of over ₹100 crore. Is it believable that we wouldn’t pay for the footage?" the producers' counsel remarked.

ANI argued that it never authorized these companies to use its footage and that any agreement with Reuters permitted usage only outside India. ANI also claimed that Reuters, as a shareholder, was restricted from distributing the footage within India.

Netflix’s counsel clarified that the series explicitly identifies the hijacking as orchestrated by Pakistan’s ISI and explained that ANI’s logo appears in one clip because it features PM Vajpayee’s first public statement.

IC 814: The Kandahar Hijack, a 2024 Hindi crime thriller mini-series, depicts the 1999 hijacking of Indian Airlines Flight 814. Directed by Anubhav Sinha and produced by Matchbox Shots LLP and Benaras Mediaworks, the series stars Vijay Varma, Naseeruddin Shah, Pankaj Kapur, Dia Mirza, and Arvind Swamy. It premiered on Netflix on 29 August.

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Since its release, the series has sparked controversy, with critics accusing it of misrepresenting the hijackers by giving them Hindu names like Bhola and Shankar, thereby masking their Pakistani identity and downplaying ISI’s role. In response, the Ministry of Information and Broadcasting summoned Netflix India's content head on 3 September. Netflix has since added a disclaimer revealing the real names of the hijackers.