Mushrooming growth of video parlours has sprung up all over the country exhibiting such films recorded on video tapes by charging admission fee from the visitors. Therefore, apart from increasing the penalty of punishment under law it also provides the declaration on the offence of infringement and video films to display certain information on the recorded video films and containers thereof. The absence thereof does not constitute lack of essential element of infringement of copyright. If the particulars on video films etc. as mandated under Section 52A do not find place, it would infringement of copyright. In a country where the authorities in charge of enforcement of laws are understaffed and overworked, it is for the owner of the rights to continuously look for new means of enforcement.
Unusual situations demand extraordinary remedies.
Kissi Se Hota Hai on their cable networks. Jab Pyaar Kissi Se Hota Hai and alleged that there is a reasonable apprehension that the defendants in the action as well as over 120 other cable operators will exhibit this film on their cable networks without any rights. In addition to the prayer of injunction the producers argued that the cable operators are well aware that it is very difficult to collect evidence in case they exhibit a film through their cable network. Assistance of the court was sought in enforcement of the order of injunction and in seizing and securing incriminating material. On this prayer Vijender Jain J. of the Delhi High Court appointed Local Commissioners for various territories of Delhi with a direction that in the event of receiving information either from the plaintiff or their authorised representatives, the Local Commissioners should immediately proceed to the premises of the cable operator, serve a copy of the injunction order of the Court and direct the cable operator to cease and desist from exhibiting the film.