WHAT ARE THE LAWS AND PUNISHMENTS FOR DIGITAL PIRACY

This article is written by Smriti Jha of Lloyd Law College, Greater Noida, an intern under Legal Vidhiya.

Abstract

The unauthorized use of someone else’s work is known as piracy. Piracy is “the unauthorized use of another’s production, invention, or conception, especially in copyright infringement.” Unauthorized replication of another person’s work violates his copyright. Piracy has gained in popularity as technology has advanced. Digital piracy is the unauthorized copying or distribution of copyrighted information via the Internet.  It has a negative impact on the creative industries, which include cinema, television, publishing, music, and gaming. The key component of legislation for safeguarding intellectual property against piracy is the Copyright Act of 1957. However, due to the rapid growth of technology, the methods established to combat online copyright infringement were insufficient. As a result, the copyright laws were revised in 2012 to cover various forms of digital infringement within its scope. The Information Technology Act of 2000 is another piece of law that addresses digital piracy. These act also provides punishment for the infringement of the rights provided in these acts.

Keywords: Piracy, Unauthorized, Copyright infringement, Digital piracy, intellectual property.

Introduction

The internet is a broad arena for us to discover, develop, and construct. It is a virtual environment that is distinct from but extremely similar to the real world. They imitate one another in the real world, while in the digital world, they generate pirated copies of online digital information. However, digital piracy has become such a pervasive occurrence that legal restrictions have been enacted in response. The owner of intellectual property has the sole right to copyright. This gives the owner the sole right to copy the work and protects the creator’s work against unauthorized duplication or use. The unauthorized use of someone else’s work is referred to as piracy. Piracy is “the unauthorized use of another’s production, invention, or conception, particularly in copyright infringement.” Piracy has several names, including internet piracy, online piracy, and digital piracy. Piracy includes making illegal copies of copyrighted music, games, software, electronic books, and movies, as well as streaming that content without authorization. There are legislations that protect intellectual property from digital piracy and these legislations also provide punishment for the infringement of rights provided in this legislation.

The unauthorized copying and sale of DVDs and CDs is known as piracy. Piracy proceeds are used to subsidize the selling of drugs and firearms by criminal organizations.

If you purchase an illicit copy, the recording quality may be poor. If it’s a DVD, the image may be poor or black and white, and the sound quality may be muffled and very quiet. You could not be provided a receipt, so if it doesn’t work, you might not be able to get a refund or an exchange.[1]

WHY HAS DIGITAL PIRACY BECOME SUCH A BIG DEAL?

Here are a few of the reasons why digital piracy is becoming such a huge issue:

• Easy and extensive distribution over the internet; no constraints on the number of people to whom content can be transmitted.

• It is difficult to distinguish between original and counterfeit copies.

• Illegal distribution is almost free.

• Unrestricted access to copyrighted content without risk of being raced down.

INDIA’S LEGAL SCENARIO

The key component of legislation for safeguarding intellectual property against piracy is the Copyright Act of 1957. However, due to the rapid growth of technology, the methods established to combat online copyright infringement were insufficient. As a result, the copyright laws were

 revised in 2012 to cover various forms of digital infringement within its scope. Sections aimed at discouraging people from using or uploading unlicensed content to the internet include:

Section 65A of the Copyright Act of 1957 provides for “Protection of technological measures,” which is critical in combating digital piracy. According to the clause, “any person who circumvents an effective technological measure applied to protect any of the rights conferred by this Act in order to infringe such rights shall be punishable with imprisonment for a term not exceeding one year.”

The Information Technology Act of 2000 is another piece of law that addresses digital piracy. Section 66 of the Information Technology Act punishes unauthorized online distribution of copyrighted content with up to 3 years in prison and fines of up to Rs 2 lacs.

The Copyright Act, 1957:

The Copyright Act of 1957 is the major and most successful and practical legislation for restricting and controlling software piracy. The Act was amended numerous times, but the Amendment Act of 1995 brought forth significant revisions where the Act explained

• A copyright holder’s rights.
• Position on software rents.
• The user’s ability to create backup copies etc.
• Imposition of harsh penalties and fines for breach of software copyright.
• The Act’s Remedies
• This Act allows for both civil and criminal processes to be launched.
• The Act provides for civil remedies.
• Suit for infringement with injunction, damages, or profits accounts, as applicable, under Section 55 of the Act.
• Infringement suit with Mareva injunction, Jon roe Orders, and/or Anton Pillar Orders, where appropriate.
• Suit for Compensation
• Actual losses
• Punitive or exemplary damages
• Criminal Remedies Provided by the Act

According to Section 63 of the Act, anyone who violates the copyright is punishable by imprisonment for not less than 6 months, which may be extended up to 3 years, and a fine of not less than Rs. 50,000, which may be extended up to Rs. 2,00,000.

According to Section 63 B of the Act, anybody who knowingly uses infringing copies of a computer program is penalized by imprisonment for not less than 7 days and up to 3 years, as well as a fine of Rs. 50,000 and up to Rs. 2,00,000.

In cases of copyright infringement, any police officer with a rank higher than the sub-inspector may continue without a warrant and seize all infringing materials, copies of the work, and plates used to make illegal copies. A Court not lower than a Metropolitan Magistrate or Judicial Magistrate may take cognizance of any offence under the Act.

There Are Five Major Types of Digital Piracy:

Counterfeiting

Counterfeit copies of compact discs containing software programs, as well as accompanying packaging, manuals, license agreements, labels, registration cards, and security features, are widespread in the case of packaged software.

Piracy on the Internet

This happens when you download software from the Internet. The same regulations apply to online software purchases as they do to compact disc purchases. The following are examples of common Internet pirating techniques:

• Websites that offer software for free or in exchange for anything else.
• Internet auction sites that sell counterfeit or illegal software.
• Peer-to-peer networks that allow for.

Piracy at the User Level

This happens when someone makes copies of software without permission. These are some examples:

• Installing a program on many computers using a single licensed copy.
• Making copies of installation or distribution discs.
• Using upgrade offers without owning a valid copy of the version to be upgraded.
• Purchasing restricted or non-retail software without a relevant license.
• Changing CDs within or outside of the office.

Overuse of Client-Server

When too many users on a network use a central copy of a program at the same time, this sort of piracy happens. If you have a local-area network and want to install programs on the server for several users, make sure your license allows you to do so.

Loading of Hard Discs

This happens when a company offers new computers with unauthorized copies of software placed into the hard discs to make the equipment more appealing to buyers.

• The Indian film business is the world’s largest entertainment sector, with 1000 films released each year. The Bollywood industry generates annual revenue of more than $2 billion from theatre releases, TV distribution rights, and DVD releases. The film industry, on the other hand, is a vulnerable victim of piracy. According to a recent survey, India ranks fourth globally for online movie piracy. 
• Online piracy is on the rise in India and around the world, replacing CD and DVD piracy since obtaining pirated content from various Torrent websites is much easier and less expensive. Any movie, song, or even e-books and software are available for free on Torrent websites like The Pirate Bay, Kickass Torrent, etc.  [2]

Piracy of content, whether of a song, movie, or other work of art, has been a problem for decades. The most popular type of piracy is illegally downloading a movie before its theatrical release or official TV premiere. The same goes for music, too.

Zee Studios ’Salman Khan-starrer ‘Radhe’ had leaked on platforms like Telegram and WhatsApp. The production firm filed an FIR with the Mumbai Cyber Cell, and several people were arrested for downloading and selling unauthorized copies of the film. Khan himself turned to Twitter to warn supporters about the dangers of piracy.[3]

Judicial contribution

The Copyright Act has shielded artists from legal and criminal liability in the case of cybercrime. From the purpose of restricting unauthorized broadcasting to blocking websites, Indian courts have taken strict actions against online piracy. 

With the introduction of John Doe’s orders (also known as Ashok Kumar orders in India), it has become easier to identify and prosecute infringers. In such circumstances, the courts grant injunctions against anonymous people, that is, they do not reveal the identity of the infringer but describe them briefly. It enables the victim to search the premises and seize evidence of infringement of rights from the unknown defendant. [4]

Case Laws Related to Digital Piracy

• Taj Television LTD v. Rajan Mandal (2003)

The concept of the John Doe order emerged in the case of Taj Television LTD v. Rajan Mandal (2003). The order was issued in this case against the cable operator who was illegally transmitting the World Cup football event. Taj was granted an ex-parte injunction by the Delhi High Court against both known and unknown cable carriers for unauthorized transmission of its broadcasting rights, resulting in copyright infringement. As a result, numerous cable companies have not signed up with Taj or its authorized operators to broadcast the tournament without a licence, causing the television business to suffer millions of dollars in damages.

• UTV Software Communication Ltd. v. 1337

In the case of UTV Software Communication Ltd. v. 1337. TO and others (2019), the Delhi High Court stated that right holders do not need to go through a lengthy and difficult judicial order process to obtain blocking orders. Instead, the plaintiff can approach the Joint Registrar of the Delhi High Court directly to extend an existing injunction order against similar websites carrying mirror content. Singaporean legislation inspired this form. The Court has also directed the plaintiff to provide an affidavit with adequate reasonable proof for the validation of the mirror website. When the declaration is satisfied, the Joint Registrar will direct the ISP to disable all access to such mirror websites in India. People would be restrained as a result of this.

Conclusion

It would be preferable if these court orders could be implemented as policy in India. As a result of all of these improvements, users may be warned about the illegal content they are unintentionally downloading.  To make India a piracy-free country, many additional anti-piracy legislations must be implemented, as well as convenient and affordable access to original content, so that users no longer utilize pirated content.

There are several issues with India’s internet copyright infringement legislation. The challenge is made even more difficult by the rapid emergence of new technology. Digital piracy is not new in India.

The administration is taking the necessary efforts to address these serious challenges. Piracy and online copyright infringement can be reduced by education, policies, and a few preventive measures. It is also crucial to understand the various piracy laws in different nations, as India’s existing legal framework regarding digital piracy is definitely inadequate. However, raising awareness and implementing a few new policies could help combat the growing menace of online copyright infringement.

References

1. https://www.nidirect.gov.uk/articles/film-and-music-piracy Last seen on 14/08/2023
2. https://www.myadvo.in/blog/the-legal-battle-against-online-piracy-in-india/ Last seen on 16/08/2023
3. https://www.campaignindia.in/article/how-content-piracy-has-evolved-with-the-rise Last seen on 16/08/2023
4. https://blog.ipleaders.in/anti-piracy-reforms-respect-media-law/ Last seen on 17/08/2023

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[1] https://www.nidirect.gov.uk/articles/film-and-music-piracy Last seen on 14/08/2023

[2] https://www.myadvo.in/blog/the-legal-battle-against-online-piracy-in-india/ Last seen on 16/08/2023

[3] https://www.campaignindia.in/article/how-content-piracy-has-evolved-with-the-rise Last seen on 16/08/2023

[4] https://blog.ipleaders.in/anti-piracy-reforms-respect-media-law/ Last seen on 17/08/2023