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SOCIO-ECONOMIC ASPECTS THAT INFLUENCE COPYRIGHT INFRINGEMENT IN RELATION TO CINEMATOGRAPHIC FILM & SOUND RECORDINGS - MEHAK KAUSHIK & DR. JANE EYRE MATHEW
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SOCIO-ECONOMIC ASPECTS THAT INFLUENCE
COPYRIGHT INFRINGEMENT IN RELATION TO CINEMATOGRAPHIC FILM & SOUND
RECORDINGS
AUTHOR- MEHAK KAUSHIK
CO-AUTHOR- DR. JANE EYRE MATHEW
(Assistant Professor, Amity Law
School, Noida)
ABSTRACT
The Berne Convention was established
in 1883 as a result of the social friction created by the unrestricted copying
of works to meet societal demands.[1]
History shows us that in order to facilitate access to works, including
allowing their translation into native tongues, many nations refused to
recognize copyright in foreign works. Despite the fact that the Berne
Convention was effective in establishing the minimal standards for worldwide
author copyright protection, nations that disagreed with these standards
refused to join and instead used a variety of tactics to encourage unauthorized
access to foreign works.[2]
The United States is an example of a jurisdiction that denies protection to
foreign works while also promoting access to works to spark the growth of both
domestic innovation and the printing industry through formalities like work
registration.[3] China is
regarded as another example of a jurisdiction in the post-second world war era
that permits access and growth of related industries without raising many
concerns about copyright infringement. In order to support various social,
political, economic, cultural, and technological requirements, the majority of
nations also established sufficient restrictions and exceptions in their
domestic laws. Some of these solutions include explicit exclusions of particular
categories of works from the purview of copyright protection, exceptions like
fair use or fair dealing, mandatory licencing terms, and allowing parallel
imports in hopes of guaranteeing improved availability to work.
The development of sound recording
technology and cinematograph film throughout the middle of the 19th
century also led to the social tension of illegal copying of works in order to
meet societal needs. The same applies to broadcasting technology. Even though
the copyright law was designed to prevent unauthorized access to works, in all
of these cases[4],
copyright violations persisted unchecked because of societal and cultural
factors. While the desire for financial gain was occasionally the driving force
behind the same, other times it was the absolute necessity of having access to
works in order to support cultural and creative demands. Tolerating the social
tension of unauthorized access to works continued to be primarily motivated by
the public’s interest in access to works.
New social conflicts for copyright
law have been produced by information technology innovations and expanding
internet access. It is widely acknowledged that the cost of creating and
disseminating works has significantly decreased in the context of digital technology,
and that this has created new avenues and markets for copyright holders to
expand their profit margins.[5] It
is equally crucial to highlight that the users were able to appreciate the work
not just for fresh creation but also for meeting their cultural demands thanks
to the previously unheard-of speed at which copies of the work could be
distributed without degrading the original's quality. As a result, social
behaviours including sharing, user-generated content (UGC), text mining, and
downloading and uploading files grew more quickly. In reaction to these social
practices, technological platforms like Napster, Grokster, Gozzilla, Torrent,
Kazaa, Streamcast, Megaupload, Sci-Hub, etc. emerged.
The copyright owners also used
technological solutions (technological protection measures)[6] to
prevent unauthorized access to works and lobbied for laws to prevent breaking
of technological protection measures. The reality is that despite these attempts, the new habits of
unauthorized access to works still exist. This is a stark illustration of
social behaviour and the inadequacies of legal and commercial methods to
prohibit it in the setting of the digital world. While some nations and courts
have taken decisive action to stop these behaviours, others have been silent or
slow to acknowledge the societal realities in their nations. Hence, it is
possible to draw the conclusion that copyright infringement, or “piracy,”
is a persistent social issue. It increases as technology advances for a variety
of reasons, including the emergence of new access behaviours, investments in
tools that make unauthorized access easier, owners of copyright who overreact
by zealously enforcing copyright under both old and new laws, and the emergence
of new business models. Notwithstanding the motivations, the primary goal of
piracy is still to meet the unmet needs of society for access to copyright
works in the market economy, not always with the purpose to profit financially.
Thus, it is crucial to consider the social impact of copyright infringement
while making decisions in legal matters.
INTRODUCTION
Copyright infringement is illegal
because it is theft. Copyright piracy, however, is frequently not seen of as a
crime at all, or at least not as serious as thefts are typically thought to be,
due to its white-colored character. This is arguably one of the biggest issues
in effectively controlling the pirate epidemic, especially in a developing
nation like India. A bank robbery or even a little residential theft is frowned
upon in our culture. So, when a movie on which significant sums of money were
spent, is illegally duplicated by millions, no meaningful action is being
taken. This is due to the fact that copyright piracy, unlike the majority of
other types of theft, frequently involves “intangible” rather than tangible
goods. In certain cases, the “intellectual property,” which frequently goes
unrecognized or neglected, rather than the actual physical object itself, is
what is stolen. Because of this, even while copyright infringement has significant
social and economic repercussions, it is sometimes not recognized as a severe
crime from a societal perspective.
Copyright violations can
significantly affect both the socio-economic status of the individual and
society at large. When someone makes unauthorized uses, copies, or
distributions of another person’s work that is protected by a copyright, this
is known as copyright infringement.
KEYWORDS
Copyright Infringement, Piracy,
Films, Sound Recording, Technological Innovations.
SOCIO-ECONOMIC CONDITIONS THAT
INFLUENCE PIRACY
A country’s socioeconomic
characteristics can be characterized by things like its population size, gross
domestic product, literacy rate, per capita income, occupational composition of
the work force, standard of living of the populace, etc. It is challenging to
prove a direct causal connection between these socioeconomic factors and
piracy. However, some of them are anticipated to have an impact—directly or
indirectly—on the phenomena of piracy. The connection between some of them and
piracy is attempted to be examined in the paragraphs that follow.
ILLITERACY
The majority of the world’s
illiterate population lives in India. With a score of 28%, the degree of
illiteracy is disturbingly high. It is predicted that such a high rate of
illiteracy will have some effect on copyright issues, more notably with regard to
their efficient protection. Higher levels of illiteracy initially translate
into a lower demand for books and other printed copyrighted items. According to
this reasoning, the percentage of piracy is expected to be low in a society
with a lower level of literacy, especially when it comes to books, journals,
and other literary works. Software piracy can also be justified using this
reasoning. Software piracy is predicted to be less common in nations with lower
computer (hardware) penetration. Because only those areas of the copyright
sector where the market is appealing in terms of big volume or high prices will
be targeted by pirates. The decreased market for software and publications
could discourage pirate activity. On the other hand, illiteracy may increase
the likelihood of piracy in a variety of ways. Because they are illiterate,
people cannot evaluate the originality of things in the same manner that
educated people may, for example, by observing copyright notices, etc.
Additionally, because illiterate people mainly rely on audio-visual media to
satisfy their informational and recreational demands, a variety of audio-visual
copyright items are vulnerable to widespread piracy.
POVERTY
The only goal of the pirates is to
profit financially on the inventiveness of others. They are able to accomplish
this because a small portion of the population readily accepts pirated goods,
filling a need that the traditional sources of supply were unable to meet. The
reason the pirates may sell their goods for less than genuine producers is
because they are exempt from paying taxes, such as excise duty and sales tax,
and they are also not required to invest in marketing infrastructure such as
advertising. The majority of regular consumers still base their purchasing decisions
primarily on a product’s pricing. No of how literate or aware they are of
copyright, they opt to purchase less expensive goods. The majority of copyright
products are also considered here as high-end goods. Naturally, “affordability”
serves as the primary limiting factor in the decision to purchase. Since
counterfeit goods are less expensive than genuine ones, the bulk of customers
naturally choose them. The consumers attitude towards quality may also play a
role in this situation.
HIGH PRICE
LEVEL
Indian
customers poor affordability is not just a result of their high levels of
poverty. The cost of copyrighted goods is high, making them expensive for the
bulk of potential clients as well as the poorer sectors of society. Many
students continue to be unable to afford the text volumes required for
professional courses in management, engineering, and other technical fields. In
these conditions, piracy offers all those who cannot afford to purchase the
originals a natural means of escape.
UNEMPLOYMENT
Even though
it is very difficult to draw a clear connection between piracy and
unemployment, unemployment may be another economic evil that influences the
prevalence of piracy in India in addition to illiteracy and poverty. Industries
based on copyright require a lot of labour. However, the legitimate sector of
the economy can only take on a small portion of the labour force due to the
high level of unemployment in the nation. As a result, the unemployed engage in
a variety of activities, including the manufacturing and sale of copyright
products without authorization.
POOR
ENFORCEMENT
The country’s inadequate copyright
enforcement apparatus is another significant aspect that could tempt unemployed
individuals into the world of piracy. The Copyright Act defines copyright
piracy as a cognizable offence. However, as is the case with many other laws of
a similar nature, the implementation of anti-piracy laws has mostly failed.
When found to be engaging in piracy, there is no real risk of being detected
and penalized in India. There is no doubt that the police department does not
prioritise finding the pirates. The State Departments of Police have noted that
one likely explanation for this is the force’s increased involvement in
harder-to-control situations like policing homicides, riots, and terrorist
activities, among other things. The force’s size and facilities for enforcing
laws are also insufficient to deal with India’s size and complexity of
challenges. As a natural result, low order offences like copyright piracy don’t
get the police’s full attention. Another issue acknowledged by the agency is
the police staff's ignorance of the nation’s copyright laws and their inability
to differentiate a pirated product from the authentic. For their “not so
serious” response to the pirate epidemic, the right holders are equally to
blame. The right holders, whose interests are at stake in any instance of
piracy, should participate more actively than others in preventing it. However,
the Indian rights holders regrettably lack this passion. Even when complaints
are made to the police, most of the time no action is taken against the
offenders. Sometimes going to the highest level of the police does not provide
the expected outcomes. Even when pirates are apprehended by the police, the
cumbersome and slow legal system assures that they get away with it for a very
long time, if not forever. This discourages the right holders from actively
participating in the fight against piracy.
ROLE OF POLICE &
PUBLIC AWARENESS IN ENFORCEMENT OF COPYRIGHT
Role of Police
The Indian Copyright Act’s section 64
gives the police the authority to seize copies of works that have been copied
without permission. If a police officer believes that a violation of section 63
regarding the infringement of copyright in any work has been, is being, or is
likely to be committed, the section allows him to seize all copies of the work,
wherever they may be found, without a warrant.[7]
All copies and plates so seized must then be presented before a magistrate as soon
as is reasonably possible. According to subsection (1) of section 64,
subinspectors and higher have the authority to seize copies that are
infringing.[8]
Public Awareness on Copyright
Although
the police play a crucial role in the enforcement of copyright laws, it is
important to remember that the end users—the actual customers who use or
purchase these products—are responsible for product piracy. Customers
complacency and need for more affordable goods are what lead to copyright
infringement by unauthorized people or organizations. The opposite is also
true, namely that customers would not be able to purchase stolen goods if they
were unavailable. The circumstance is comparable to the well-known “chicken and
egg” tale. Therefore, effective measures are needed to educate both the general
public and the final consumers of these items.
ENFORCEMENT OF
COPYRIGHT BY ENTERTAINMENT INDUSTRY
The primary actors in the enforcement
of copyright rules include numerous other independent organizations from the
entertainment sector in addition to the police. These enforcement authorities
collaborate with the police and IP law firms to take actions against the
offenders through raids and legal proceedings. They also assist in the
investigation of cases of infringement and piracy linked to the entertainment
industry.
International Intellectual Property
Alliance
The US media industries international
lobbying organization, the International Intellectual Property Alliance (IIPA),
has strong ties to the US Trade Representative. It has regularly voiced
unhappiness with Indian attempts to combat piracy in its reports. “IIPA
collaborates closely with other US lobby organizations like the Business
Software Alliance (BSA) and the Motion Picture Association of America (MPAA).
The IIPA studies, which classify India as being in a “danger zone,” have a big
impact on regional and global discussions of piracy.”
Motion Pictures Association
For the past 15 years, the Motion
Picture Association of America (MPAA) has been conducting unofficial business
in India through its foreign affiliate, the Motion Pictures Association (MPA).
Walt Disney, Paramount, Sony Entertainment, Twentieth Century Fox, Universal
Studios, and Warner Bros. are among its member businesses.
Since 1995, they have all worked
together to create law enforcement teams for coordinated raids in Delhi and
Mumbai. The Motion Picture Distributor’s Association India (Pvt.) Limited
(MPDA), led by Rajiv Dalal, would be the first India office of the MPA, which
was announced earlier this year.
The MPA’s Asia-Pacific operation,
according to the organization’s own claims, aided law enforcement in roughly
12,400 raids in 2009 and looked into more than 30,000 cases of piracy. More
than 35 million illegal optical discs, 50 industrial optical disc production
lines, 4,482 optical disc burners, and more than 11,000 legal actions were
started as a result of these operations.
Indian Music Industry
Indian
Music Industry (IMI), the second-oldest association of music labels in the
world, was initially founded as Indian Phonographic Industry in 1936. It was
revived in its current form in 1994 and is officially recognized as a society
in West Bengal. It is a non-profit organization that is not for profit and is
affiliated with the International Federation of Phonographic Industry (IFPI). “Major
record labels like Saregama, HMV, Universal Music (India), Tips, Venus, Sony
BMG (India), Crescendo, Virgin Records, Magnasound, Milestone, Times Music, and
a number of other well-known national and regional labels that account for more
than 75% of the output in corporate recordings are among the IMI members.”
It was
among the first companies in the nation to adopt the practice of appointing
former police officials to oversee anti-piracy operations.
Industry Enforcers
To tackle piracy in particular
markets, Bollywood film and music studios like T-Series and Yashraj Films have
set up anti-piracy arms. T-Series, a brand of Gulshan Kumar’s Super Cassettes
Industries Limited, has been in the business for more than 15 years. It
frequently leads the way in executing raids with police officers to stop the
piracy of its copyrighted content. T-Series announced earlier this year that it
was starting an anti-piracy campaign to stop people from stealing digital
content. The declaration came after they reported Classic Video Shop to the
police in Mangalore for violating the copyrights of several of its works,
including Billu, Ghajini, Aap Ka Suroor, Apne, Fashion, and Karz, which had
been illegally downloaded and copied onto numerous discs, card readers, and pen
drives.
Leading film company Yashraj Films
has always participated in enforcement efforts against piracy, both
domestically and abroad. The United Producers and Distributors Forum, which was
recently formed, also featured Shah Rukh Khan, Aamir Khan, Ramesh Sippy, Ronnie
Screwalla of UTV, and Eros International as well as its chairman, Mahesh Bhatt.
A.A. Khan, another ex-cop from Mumbai, is helping this organization execute
anti-piracy legislation by leading searches around the nation.
CONCLUSION &
SUGGESTIONS
From a financial standpoint,
infringement of copyright can cost copyright owners money, especially in the
creative industries like music, movies, and software. The loss of potential
sales, royalties, and licencing fees that result from unlawfully downloading or
sharing copyrighted material can have a severe effect on the livelihood of the
copyright owner and their capacity to produce new works. Contrarily, copyright
infringement can benefit users and consumers, particularly when copyrighted
content is expensive or challenging to access legally. For instance, some
people might download music or movies illegally if they can't afford to buy
them legally or if they’re not available where they live.
Copyright violations can benefit
customers, but this must be balanced against any potential social
repercussions. In nations where the creative sector significantly contributes
to the gross domestic product, copyright infringement can have a negative economic
impact (GDP). Moreover, copyright violations can stifle creativity and
innovation since those who possess the rights to works may be less inclined to
produce new ones if they believe their rights are not being sufficiently
upheld.
In general, violations of copyright
have a complex and multifaceted effect on people’s socioeconomic status in
society. In order to create fair and efficient policies for copyright
protection and enforcement, policymakers and stakeholders must take into
account the interests of all parties.
SUGGESTIONS
·
A
huge public relations effort highlighting the negative effects of copyright
violations, including the fact that they are illegal and their repercussions,
etc., might be started. Yet, this is a really difficult task. Everyone involved
in this, including the government, local governments, owners of rights,
organizations, copyright societies, agencies in charge of enforcing the law,
etc., must work together. The campaign could initially be introduced by mass
media like newspapers, journals, electronic media like TV, movie theatres, etc.
The campaign ought to emphasize how to distinguish between authentic products
and counterfeit goods.
·
Since
students are the main consumers of the products made by the copyright sector,
education campaigns can also be started at the high school and college levels.
Yet, there are no quick fixes that can be used to address piracy in the near
future. A sustained effort should be made to teach high school and college
pupils. Piracy-related topics may be included in school or college curricula,
particularly for electronics students who may be exposed to the effects and
tactics of software piracy.
·
Parallel
lectures and demonstrations may be scheduled across the nation with college and
school deans, who may then instruct their students. Everyone involved in
copyright-related works must work collaboratively if this is to be successful.
·
The
Indian copyright regulations must also be made clear to right holders, dealers,
and distributors in addition to end users. Although many right holders are
aware of copyright, they may not be entirely familiar with all of the
requirements of the Indian Copyright Act. Even when they learn that their works
are being violated, right holders frequently show reluctance to take action.
This is especially true of musical compositions, filmmaking, and to some extent
book publishing. Thus, the owners of the rights must also receive training in
all facets of copyright and be persuaded that any violations directly harm
their interests.
·
All
police officers, even constables, must receive sufficient training. Phased
programmes must be created with the assistance of associations, well-known
lawyers, and well-known business people/rights holders. For the chiefs of the
crime branches/copyright cells, one or two day workshops on all aspects of
copyright may be organized. The copyright office may take the initiative. At
the workshops, a training module might be created and distributed to these
individuals. The leaders of the crime branches and copyright cells in each
state and UT may then instruct their subordinates. If necessary, speakers from
NASSCOM, IMI, IPRS, and other organizations could be invited to speak at these
sessions. The NASSCOM anti-piracy hotline can be implemented at the appropriate
associations, copyright societies, and crime branches in the appropriate
states.
[1]
Sam Ricketson and Jane Ginsburg, “The Berne Convention: Historical and
Institutional aspects”.
[2]
Cohen, Julie E., et al., Copyright in a global information economy (2006).
[3]
Edward G. Hudon, “Literary Piracy, Charles Dickens and the American Copyright
Law” (1964).
[4]
Gillian Davies, “Copyright and the Public Interest” (2002).
[5]
William M. Landes and Richard A. Posner, “The Economic Structure of
Intellectual Property Law” (Harvard University Press 2003).
[6]
Bill D. Herman, “A Political History of DRM and Related Copyright Debates”
(2012).
Article Information
SOCIO-ECONOMIC ASPECTS THAT INFLUENCE COPYRIGHT INFRINGEMENT IN RELATION TO CINEMATOGRAPHIC FILM & SOUND RECORDINGS - MEHAK KAUSHIK & DR. JANE EYRE MATHEW
Authors: MEHAK KAUSHIK, DR. JANE EYRE MATHEW
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/14
- Issue 7
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International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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