PIRACY LAW IN INDIA
(CINEMA & SOFTWARE INDUSTRY)
Piracy is another kind of theft. Copyright laws are required to keep the rapid technological growth in the entertainment sector and to protect it from piracy. There are firms losing revenue because of piracy. Piracy is as high as 65% - 70% in India.
Indian governments strict policies and strong enforcing techniques against piracy have started yielding results. Trend from last two years have shown that piracy is down by 18%.
Importance of Copyright
Copyright protection is automatic. The work is protected the moment it is created. The
Copyright notice is placed on work for its protection.
The legislation that applies to piracy in India is the Copyright Act, 1994 (the Act).
Copyright Act , Section 51
Section 51 of copyright Act. Prohibits
making a copy of the film/software;
taking a photograph of any image forming a apart of the film/software;
selling, giving in hire or offering for sale or hire any copy of the film/software, irrespective of its earlier sale or hire; and -communicating the film/software to the public.
Remedy available for Copyright infringement
There are three types of remedies available against infringement of copyright namely
1.Civil (injunction, damages or account of profits, delivery-up of infringing copies and damages for conversion)
2. Criminal (imprisonment, which may extend from a minimum period of six months to a maximum of three years and with a fine of the order of Rs. 50,000/- to 2.00 lakhs and seizure of infringing copies and delivery-up of infringing copies to the owner)
3. Administrative ( moving the Registrar of Copyright to ban the import of infringing copies into India and delivery-up of the infringing copies confiscated to the owner of the copyright.)
How to prevent piracy?
Regular change in policies & laws to curb piracy.
Countrywide Enforcement of piracy laws more strictly.
Educate lawmakers, Lawyers, Teachers and judiciary about piracy laws
Introduce piracy law as a special subject in Management and other Professional courses.