Copyright

COPYRIGHT PIRACY : 

www.mediabizip.com COPYRIGHT PIRACY Copyright law Geetanjali Mehlwal

WORKS IN WHICH COPYRIGHT SUBSISTSIn India : 

www.mediabizip.com WORKS IN WHICH COPYRIGHT SUBSISTSIn India Works for which the Indian Copyright Act confers copyright: Literary, dramatic, musical and artistic work Cinematograph film Sound recording Only common requirement is the work should be ‘original’- not, copied from another

RIGHTS CONFERRED ON OWNERS : 

www.mediabizip.com RIGHTS CONFERRED ON OWNERS Rights conferred on owners of original works: Reproduction Publication/Distribution Performance Make cinematograph films Adaptation Authorise any other person to commercially exploit the work

COPYRIGHT PIRACY : 

www.mediabizip.com COPYRIGHT PIRACY Implies unauthorized reproduction, importation or distribution of a copyrighted work Piracy of copyright actually older than the 1st legislation on Copyright! Eg.- unauthorised reproduction of a movie through cable network or unauthorised duplication of an anti-virus software meant for one- time or one PC use.

CONSEQUENCES OF PIRACY : 

www.mediabizip.com CONSEQUENCES OF PIRACY Commercial as well as creative implications* Commercial implication- Revenue loss to (i) Owner from being denied commercial exploitation of his creation and (ii) government from loss of due excise duty, sales tax, income tax and other revenue from legitimate creation & distribution of copyrighted work.

PIRACY FEATURES : 

www.mediabizip.com PIRACY FEATURES Literary work Main targets- Trade & text books Depends mainly on price & popularity Involves wholesale reprinting, commercial Photocopying and unauthorised translation

PIRACY FEATURES (CONTD.) : 

www.mediabizip.com PIRACY FEATURES (CONTD.) Sound Recording Involves Counterfeiting; bootlegging or unauthorised duplication of original work or compilation of original works for commercial gain (simple piracy) Advent of CDs- easier & faster means of storing music, but price restricts widespread copying. Newer hardware & Internet doing away with impediments for copiers

PIRACY FEATURES (CONTD.) : 

www.mediabizip.com PIRACY FEATURES (CONTD.) 3. Cinematograph works (films) The rights that may be infringed w.r.t. Films, includes- theatrical, cable, video rental and video see through rights.

RATE OF PIRACY : 

www.mediabizip.com RATE OF PIRACY IFPI Report 2006 lists India as priority country for the 1st time with a 56% piracy rate owing mainly to increase in CD- R piracy & availability of mp3 files online. According to a US India Business Council and Ernst & Young report 2008, the Indian film industry suffered almost $959mn. and an estimated 5,71,896 lost jobs due to piracy. Solutions that could help- disc regulation & fast track Courts for IPR infringement.

FIGHTING PIRACY : 

www.mediabizip.com FIGHTING PIRACY Some positive legislations: USA’s STOP strategy –The Strategy Targeting Organized Piracy (STOP!) comprehensive initiative to defeat criminal networks that traffic counterfeit and pirated goods, stop trade in these goods at America's borders, block these goods around the world, and help small businesses secure and enforce their rights overseas. As a part of the STOP! initiative, a hotline has been established that provides a one-stop-shop for businesses to protect their intellectual property at home and abroad.

FIGHTING PIRACY : 

www.mediabizip.com FIGHTING PIRACY Role of the State The Police: Section 64 of Copyright Act- Problem: “if he is satisfied” provision in Statute Requisite rank- (not below) Sub-inspector Warrant not required Special Copyright cells in Police departments of some States

Dealing with the offence of ‘Infringement’ : 

www.mediabizip.com Dealing with the offence of ‘Infringement’ Civil Injunction Damages Delivery of infringed copies to the copyright owner Criminal Imprisonment: 6 months - 3 years; and fine 50,000/- - 2,00,000/- Seizure of infringed copies Administrative Placement of a ban on the infringed copies Delivery of infringed copies to the copyright owner.

FIGHTING PIRACY : 

www.mediabizip.com FIGHTING PIRACY The Creator/Copyright owner Confirm all rights related to your work & ensure protection Take best if not all steps to inform people about ownership of your property e.g.- Register & use Copyright sign © (not mandatory, but beneficial) Track line of licenses/assignments Proactiveness to protect rights

FIGHTING PIRACY : 

www.mediabizip.com FIGHTING PIRACY The Public/end user Need for higher sense of Awareness & accountability General knowledge that piracy is undesired, but level of damage caused not understood

THANK YOU : 

www.mediabizip.com THANK YOU For any queries, please contact us- info@mediabizip.com Or geetanjalimehlwal@gmail.com