Considering the viewership of cinema in India with the three major cinema industries, the traffic of sites that host pirated content is also considerably higher in the country.
While the above-mentioned torrent sites, which are the most used across the world, are relatively popular in India, people often tend to visit piracy sites that host Bollywood or Tollywood content exclusively. Some of these sites are —. The Union of India recently issued an amendment to the Cinematograph Act, , in order to clearly define the punishment which can be faced by pirates who, without the written authorisation of the copyright owner, use any recording device to make or transmit a copy of a film.
It is not necessary for the film to be fully recorded, or even distributed via the internet. If the perpetrator attempts to record the movie while inside the theatre, he is guilty under the act. The punishment for this is generally imprisonment, a fine, or both. This punishment can also extend to those who download said pirated movies. It varies with the industry in which they are committing an act of piracy. The most notable forms of punishment are covered in the provisions of the Copyright Act, and Information Technology Act, The punishments specified are as follows-.
While the legal consequences associated serve to act as an effective deterrent against piracy, they are not nearly enough to act as a solid preventive measure, considering actual prosecutions against digital pirates are few and far in between. This is because most intellectual property owners tend to just get a cease-and-desist termination order against sites which host pirated content, which are just orders to take down the download links for the content.
Therefore, there are, while loosely-defined, some effective ways to prevent piracy, i. These are as follows —. Camcorder piracy refers to the method of piracy used in pirating movies.
This involves the pirate recording the entirety of the movie while in the theatre using a camcorder. Keep in mind, camcorder piracy is not limited solely to the use of camcorders. Any device capable of recording video qualifies under camcorder piracy. Despite the quality of these pirated movies being very poor, with constant shaking, foreign audio, and low video pixels, these movies are downloaded in large quantities, largely due to the timing of their upload, which is usually a couple of days after the release of the movie.
A lot of these movies are often repacked into optical drives for sale in black markets via local vendors. While not as prevalent of a force as it was in the early s, camcorder piracy is still a huge threat in the cinema industry, especially in the Indian box office.
Since Bollywood and Tollywood often come out with lower-grade, cheap entertainment movies to make a quick buck out of the middle to lower classes, these movies are quick to be pirated via camcorder recording and are spread wide over the internet. This causes major damage to the movie industry considering the more the movie is pirated, the lesser net earnings are made by the box office. A lot of studios never even get back their original investment in the production of the movie.
If the loss through piracy is bad enough, it can lead to a loss of jobs due to low earnings, and the black market sales of such pirated products can also help sponsor organised crime.
Therefore it can have a hugely adverse impact on the economy in general. The act of recording by itself is punishable in law, the rest of the process to successfully pirate the movie is irrelevant in deciding the guilt of the pirate. Pirates who record movies via camcorder can face legal consequences, the provisions for which are described under the Act.
The punishment for the same is imprisonment for up to 3 years and a fine payable up to Rs. According to this Forbes article , the movie was acquired illegally by pirates and the entire thing was leaked online for download. Statistics estimate the viewership of the pirated movie to be close to 70 million viewers.
This sets a dangerous precedent for the economic success of these movies, especially today when movies can be downloaded and streamed on almost every device out there, be it phones, tablets, laptops, desktops or even video game consoles. This leads to a larger viewership of pirated content. More views equal more deduction from the profit margin of the producers of the movie.
And this reduced profit margin does not mean less income for the producers only, it also affects the other employees working in the entertainment industry. This includes composers, set designers, electricians. By this order, any suspected website can be blocked before the release of new movies.
But these orders are granted only after careful investigation of the circumstances. Whenever a new movie is released, the makers of the movie own its copyrights. Distribution rights have to be purchased. But when the movie is uploaded on some website for other people to download, without due permission of the makers, it constitutes to be an illegal act and everyone involved in this process is punished.
Movies can be downloaded from those websites which provide freely licensed content. Downloading torrents is also not illegal, downloading protected content is. Torrenting is an effective tool for file sharing and it should not be used to share pirated content. But still, cybercrimes are increasing day-by-day and the only solution for that is to implement more strict laws and to prevent the happening of such crimes.
Krishna Tulasi and B. The Compliance Gap. New Delhi, Your email address will not be published. Save my name, email, and website in this browser for the next time I comment.
Skip to content Menu. Introduction The world since the last decade is experiencing rapid growth in the field of Information technology and digitalization. The Peril of Software Piracy The advancement in technology and digitalization has caused rapid expansion and growth of software companies in India and all around the world.
Protection against Software Piracy The software vulnerability is most often blamed for making counterfeiting and piracy possible and it is mostly possible because of a lack of robust software copy protections. Indian Copyright Act, Indian Copyright Act governs the subject of copyright law in India, which is according to amendments in , , and , fully reflects the Berne Convention.
Judicial Precedents The Courts in India are witnessing numerous cases regarding this issue of infringement of software copyrights. Here are the few cases decided by the Indian Courts: 1. Conclusion In this digitalized and technologically advanced world, the rise in use of the Internet has resulted in the rise of crimes related to it, and Software Piracy is one such crime. FAQs What is software piracy?
Why is it considered a crime? What are copyrights? Explain the effects of software piracy on the economy. What are the laws available in India against infringement of Copyrighted software? Explain a few landmark Judgements decided by the Indian Courts related to the infringement of Copyrighted Software programs. References 1. Indian Copyright Act, Information Technology Act, Published by Anusha C Gudagur.
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