COPYRIGHT INFRINGEMENT AND PROTECTION INDIA BY MANVI SINGH @LEXCLIQ

In September 2019,Nintendo a consumer electronics and video games company,filled a lawsuit against Romuniverse com a website involved in hosting pirated version of Nintendo games,claiming that the site facilitated the infringement of its intellectual property by offering membership that allowed the subscribers to download games faster than non subscribers at a subsequent ion fee of $30 per year.On 1st June,Romuniverse.com was order to pay a compensation of $2.1 Million to Nintendo which had sought $15 million in potential damages.The judgement brought a sense of relief to the companies who feared infringement of their copyright and came as a warning to those who were involved in copyright infringement.Case of copyright infringement have increased drastically amid the ongoing covid 19 pandemic world because of increasing digitalization and interest usage everyone especially the educators has run headlong into the digital world without a thought to the application of copyright law to their work.

THESE INCLUDE WORKS : 

1.Which are willingly dedicated to the public.

2.Works for which copyright have expired.

3.The work for which the copyright was not renewed.

In India,all work published before Jan 1,1950 have entered the public domain.The Awareness of copyright law has increased immensely among people since this global pandemic hit the world.IPR( Intellectual Property rights ) is playing a very crucial role in this fight against the ongoing covid 19 pandemic.On 30 Jan 2020 when the covid 19 outbreak was declared a public health emergency by the world health organisation, it was decided that all nation will fight together to defeat this global pandemic.

But a question that arose was whether all countries are free to use resource that are countries.There were many instance where the transfer of technical knowledge was denied to third parties to manufacture produce essential to fight covid 19.In the United states,the governor of the state of Kentucky admitted to difficulties in procurement and manufacturing N 95 masks owing to several patent.

News like these created panic among the people as covid 19 cases was on the rise in almost every country across the global.Even the developed countries like the USA seemed clauses about how the virus could be tackled.So as resolution of the world health Assembly has worked out in which all the member states of the world health organisation.The copyright act 1957 is the governing law for copyright protection in india.Section 13 of the copyright act 1957 is the most important as it provides for the classes of work of which copyright subsist.

During the ongoing Pandemic , there have been increasing case of piracy especially in the field of cinematography.Recent there have been two highlighted cases of privacy.One is the Amazon web series,family man 2 and the other one is a movie Radhe : Your most wanted bhai.But these cases of copyright infringement are not something new to the movie industry in India.

Bombay High Court observed that the vival work is completely different.There is no similarity between the central theme of both movies.Copyright has not been infringed and therefore no injunction against the release of the movie was granted.Many videos go viral of performer work without their consent which leads to violation of their moral and economic rights.Article 7 of the Rome Convention gives protection of the right of the performer from broadcasting or communicating to the public without their consent.

Both civil and criminal remedies have been provided by the copyright act 1957 against infringement of copyright . Civil remedies are given under sec 55 and 58 of the copyright act 1957.

TO AVOID INFRINGEMENT OF COPYRIGHT THE GOVERNMENT SHOULD TAKE THE FOLLOWING MEASURES : 

1.Though the police officer not below the tank of sub inspector has been given the power to Seize all copies of they feel that copyright have been infringed it has been observed through survey that police officers don’t pay attention to copyright matter as they give priority to murder,theft etc.so there is a need to educate the police officers about copyright law and command them to pay equal attention to copyright matter.

2.Establishment of a special cell for copyright enforcement in all the state and union territories for instance 19 out of 29 states have a special cell for copyright enforcement.

3.There is a need to impose stricter punishment on infringement of copyright.The term of imprisonment should be increased upto 5 yr and the fine needs to increased upto 10 lakh.

WRITTEN BY MANVI SINGH

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