Abstract
The entertainment sector can easily be argued as one of the essential comforts in the present day. Some might say it is overpriced, exploits consumers, or forces them to pay heavy amounts simply to maximise profits. As a result, consumers have started finding alternative methods to access creative works for free, often through piracy or torrenting. These are illegal methods of accessing and distributing original works, either for monetary gain or simply to avoid paying the original fee. Consumers frequently overlook the hard work, dedication, money, and effort invested by the actual creators, focusing only on their own comforts and desires. This not only steals recognition, applause, and earnings from authors but also adds to their mental and emotional stress. This article dives deep into the roots of these issues, addressing commonly asked questions such as: Why is there no effective prevention against such practices? Is it merely an ethical concern, or can it also cause serious legal and technical risks for consumers? What provisions exist in India and globally to combat piracy?
Introduction
Piracy, as commonly understood, is the illegal reproduction or distribution of creative works by individuals seeking to avoid paying for the original and authentic version. Torrenting, on the other hand, is a method of breaking a large file into many smaller pieces, downsizing them, and distributing them across multiple users. Through this process, users can access file segments from various sources, which are then combined to reconstruct the complete file. These are the two commonly used techniques to illegally acquire a creative work with the intention of causing mental, economic, and creative pain to the actual maker. Causing them to lose their motivation due to lack of recognition and low income, ultimately forcing them to quit.
India has the highest rate of online content piracy, according to a report made by MUSO in 2024. India stood in second place in terms of global piracy traffic. Almost 51% of Indian consumers have accessed this pirated content, leading to a huge economic drop in the entertainment sector of India.
Why were no provisions made to protect the creative works?
While provisions were made to stop consumers from taking the original work by imposing legal restrictions and implementing technical barriers, consumers’ desire to obtain the “free versions” remained stronger, even when it meant infringement of the creator’s rights, thereby causing the original owner financial loss, deprivation of recognition, and mental stress.
In 1957, the Copyright Act was first formed, and it laid down foundational legal Frameworks. One of the most basic and linchpin statement to understand in the Copyright Act is that Copyright applies to the expression of an idea, not the idea itself, and grants authors moral rights to claim authorship and prevent distortion of their work.
For instance, in the case of RG Anand v. Deluxe Films (1978), RG Anand sued Deluxe Films for copying one of his films. The case stood out to be one of the biggest landmark case in India in the subject of copyright issue, mostly because it is here that the Supreme Court established the crucial principle of the idea–expression dichotomy, clarifying that copyright protects only the expression of an idea, and not the idea itself.
SC did so by laying down a few points, which are:
1. Ordinary Person Test: In this test, if a person watches both the original and the later work and, after comparison, does not believe it is a copyrighted version, then it is not considered piracy. It means if an ordinary person cannot distinguish between the original and the remake, then it is not pirated.
2. The Substance and Value: If, in fact, the expression of an idea is proven to be copied from the original work, then the amount of copied parts is examined to determine whether the matter is trivial or constitutes copyright infringement.
Legal and Technological Frameworks in India and the Global Network for Anti-Piracy Protection
Legal Provisions
- Copyright Act, 1957
- Amendment to the Copyright Act in 2012
- Information Technology Act, 2000
- United Nations Convention on the Law of the Sea (UNCLOS)
Technological Solutions
- Content Monitoring Software: It is a tool that helps in scanning and analysing any unauthorised use and detects any copyrighted materials.
- Watermarking and DRM: where watermarks help to trace content leaks, and DRM restricts access and copying of files.
- Takedown Mechanisms: A mechanism used for taking down any illegal or infringing content from the internet.
Good, Bad and Ugly of Piracy and Torrent
One might argue that in today’s world of modern technology and rapid advancements, if someone can access entertainment easily, then what is really so bad about it? Large industries, like Hollywood and Bollywood, often exploit their users by charging them extra just to maximise profits. In this economy, if a person is able to access a few files, especially from a well-known platform, how much would it really affect these industries?
Firstly, it directly affects the original author by hijacking their creativity without any credit, leading to a decrease in their recognition. It also causes monetary setbacks, creating challenges to their future work.
Secondly, it can possess a risk of legal and penal action taken against the consumer who gets caught in the act of copyright infringement. Whether or not that happens, the files downloaded by consumers illegally possess a risk of getting poor quality video, glitches or errors in files, sudden deletion or expiration.
Lastly, other than these, the biggest risk of piracy and torrenting has always been malware and viruses sneaking in along with the files, corrupting your entire data present on the computer.
Conclusion
While piracy and torrenting may appear to offer quick and free access to entertainment, the hidden costs far outweigh the benefits. From undermining the hard work of creators to exposing users to legal troubles, poor quality content, and dangerous malware, the risks are undeniable. True progress in technology should not come at the expense of creativity and security. Instead of resorting to piracy, supporting legal platforms not only ensures safety but also sustains the industries and individuals who bring stories, music, and art to life.
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