ABSTRACT:
Cyber piracy represents a significant challenge in India, exacerbated by the rapid expansion of digital content consumption. This article explores the legal framework surrounding cyber piracy, examining its implications for various industries, enforcement challenges, and potential solutions. By analyzing existing literature and legal provisions, this research aims to provide insights into the current state of cyber piracy in India and propose recommendations for more effective enforcement and public awareness.
INTRODUCTION :
With the growth of the internet and technology progressing rapidly, more and more people are consuming content online. The issue is worse in India because many individuals refuse or are unable to pay the required amount of money for original content. With all of this rise in demand comes an increase in piracy, and as broadband speeds improve and become more affordable, businesses in the entertainment industry are seeing more content pirated and illegally accessed online.
Copyright is the exclusive right that the owner of intellectual property has. This grants the owner the sole right to reproduce the work and safeguards the creator’s work against unauthorized duplication or use.
Piracy is defined as the unauthorised use of someone else’s work. Piracy in its literal and conceptual sense termed as “the unauthorised use of another’s production, invention, or conception, especially in the infringement of copyright.” Unauthorized reproduction of another person’s creation is a violation of his copyright. Piracy has grown in popularity in parallel with technological advancements. Piracy is most prevalent in the film industry. Pirated content is frequently downloaded from various illegal websites. Downloading or uploading any copyrighted materials from these websites, whether it’s a simple video, song, or movie, constitutes a violation of the owner’s copyright.
Piracy laws in India stand as a formidable fortress against the crime of piracy, a digital menace that has evolved with the era of content on demand and the widespread availability of content on the internet. In the virtual seas of digital content, actual pirates roam freely, posing a challenge to creators, copyright holders, and the integrity of the entertainment industry. In this article, we delve into the intricacies of piracy laws in India, their evolution, and their vital role in combating the proliferation of illicit content, ultimately safeguarding intellectual property rights in the digital age.
RESEARCH METHODOLOGY :
This research employs a qualitative approach, utilizing secondary data from academic articles, government reports, and legal documents. A review of literature surrounding cyber piracy laws in India was conducted to understand the scope of the issue and the effectiveness of existing legal measures. Additionally, case studies of enforcement actions taken against piracy were analyzed to identify patterns and challenges.
LITERATURE REVIEW :
International Initiatives
The WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), both effective from 2002, represent key international initiatives in digital rights management.
The WCT, extending the principles of the Berne Convention, focuses on protecting authors’ rights in the digital environment, including computer programs and databases. The WPPT specifically safeguards the rights of performers, such as actors and musicians, and producers of phonograms in the digital landscape, emphasising their roles and investments in the creation and fixation of sounds.
National Laws :
Copyright Act of 1957 (Amended in 2012)
The Copyright (Amendment) Act of 2012 brought significant changes to piracy laws in India, with a primary focus on addressing digital piracy. Two key sections, Section 65(A) and Section 65(B), were introduced in this amendment.
Section 65(A) deals with the “Protection of Technological Measures.”
It stipulates that any individual who intentionally circumvents an effective technological measure, which has been applied to protect the rights granted by the Copyright Act, with the intent of infringing those rights, may face imprisonment for up to two years and may also be subject to a fine.
Section 65(B) pertains to the “Protection of Rights Management Information.”
This section outlines that any person who knowingly engages in two actions –
- removing or altering rights management information without proper authorisation, or
- distributing, importing for distribution, broadcasting, or publicly communicating copies of any work or performance, while being aware that electronic rights management information has been unlawfully tampered with – can be penalised with imprisonment of up to two years and may also be liable for a fine.
These sections represent significant legal provisions aimed at combatting digital piracy and safeguarding copyright-related information.
Information Technology Act of 2000 :
This also addresses digital piracy concerns. Section 66 of this Act prescribes penalties, including imprisonment for up to 3 years and fines of up to Rs 2 lakhs, for the unlawful online distribution of copyrighted content.
Cinematograph (Amendment) Act, 2023 :
The Cinematograph (Amendment) Act, 2023 is a recent piece of legislation in India that amends the existing Cinematograph Act, 1952.
This significant piece of legislation in India aimed at curbing cinematograph film piracy. It introduces several key provisions targeting different aspects of piracy, including:
Stricter punishments:
The Act imposes harsher penalties for film piracy, with imprisonment ranging from 3 months to 3 years and fines of up to 5% of the film’s audited gross production cost. This is a significant increase compared to the previous penalties.
Specific sections like 6AA and 6AB criminalise unauthorised filming or transmission of copyrighted content within theaters and public exhibition spaces.
Broader scope:
The Act goes beyond traditional piracy in theaters and addresses online piracy and distribution through illegal websites and streaming platforms.
It empowers authorities to take down infringing content and block access to piracy websites.
Improved enforcement:
The Act strengthens enforcement mechanisms by granting additional powers to law enforcement agencies to investigate and prosecute piracy cases.
It also encourages cooperation between different stakeholders like filmmakers, exhibitors, and internet service providers to combat piracy.
