Today, On 17th October, The Delhi High Court has asked YouTube and ANI to respond to digital creator Mohak Mangal’s plea seeking reinstatement of his videos removed due to copyright strikes. The court directed YouTube to file a detailed reply within two weeks.
The Delhi High Court requested responses from YouTube and Asian News International (ANI) regarding an application by digital content creator Mohak Mangal, who is seeking the reinstatement of his videos that were removed due to copyright strikes.
Justice Manmeet Pritam Singh Arora expressed dissatisfaction with YouTube’s initial reply, stating to their counsel,
“I am not satisfied with your reply, you file a reply to the application. Issue notice. They have filed a petition before you to reinstate their videos as per your policy. YouTube is directed to file a reply on merits within 2 weeks.”
ANI was also given two weeks to submit its response.
Representing Mangal, Senior Advocate Diya Kapur and Advocate Nakul Gandhi argued that following ANI’s copyright strikes leading to the videos’ removal, YouTube provided an option to file a counter notification.
“In my counter notification, I say fair use. All I am doing is using 7 seconds in a 30 minute video. It is a clear case of freedom of free speech and fair use. They say to me that unless you get a court order, I will not reinstate your video. The Court in this case has not directed removal of videos. Bypassing the judicial system, this sovereign function is being discharged by YouTube where they have decided that this video cannot be reinstated.”
Mangal’s application claims that YouTube denied his plea for reinstatement on the grounds that ANI has initiated court proceedings to block the reinstatement of the videos.
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Consequently, according to its internal policy, YouTube stated it would only reinstate the videos following the final outcome of these court proceedings, which Mangal argues is causing irreparable harm.
Senior Advocate Saurabh Kirpal and Advocate Sidhant Kumar, representing ANI, proposed a solution:
“I have a suggestion: if you edit the video removing my video, I will withdraw the suit. I am a news agency. I charge people to collect news. If I do not get money, I cannot generate content. I also need money. Either you pay us or edit it.”
This proposal was rejected by Mangal, who emphasized,
“This is a very important issue on freedom of free speech and fair use,” Kapur replied.
This new application is part of the copyright and trademark infringement case initiated by ANI in the district court, which has since been moved to the High Court.
ANI has launched two separate actions against Mangal. In the High Court suit, ANI accuses Mangal of disparagement and defamation, claiming that his comments regarding their copyright strikes and licensing fees equate to extortion.
Earlier, On May 29, Mangal agreed to remove any objectionable references to ANI from his video.
In the district court case, now also in the High Court, ANI has alleged that Mangal illegally and without authorization reproduced ten of its videos on his channel and used the news agency’s logo without permission.
They are seeking a permanent injunction and damages of Rs.50 lakh for alleged copyright infringement, piracy, plagiarism, unjust enrichment, and other wrongs.
Alongside Kapur, Advocates Nakul Gandhi, Mujeeb, and Tanish Gupta represented Mangal, while Kirpal and Advocate Sidhant Kumar appeared for ANI.
Case Title: ANI v. Mohak Mangal & Anr
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