India Urgently needs major copyright reforms, especially with regard to online
piracy and protected content, such as movies, TV shows and music. The Parliament
urgently needs to Amendment the Copyright Act, by introducing new anti-piracy
proceedings. Which will give Copyright holders access to advanced
enforcement tools in order to obtain protection for their works, primarily from
My First Suggestions to Anti-Piracy Copyright Reform in India:
Indirect Copyright InfringementThe first major change required is to create the scope of indirect
copyright infringement, which has to be widened by the new definition of
‘indirect infringement by making available to the public’.
Under this suggestion, an indirect infringer is a person who, by way of
business and to make a profit, posts or makes available a link to a website
that facilitates protected works - provided that they know or should have
known of the infringing use.
This means that posting a link to a site that contains infringing content
can be indirect copyright infringement if the person posting the link knew
or should have known that the work was made available to the public while
infringing copyright, and that activity was carried out for profit.
This broader definition of indirect infringement has far-reaching
consequences, especially with regard to blogs and forums that publish links
to websites with infringing copyright-protected works. This step will
eventually make it harder for users to find infringing content online.
Allows Copyright Holders To Obtain An Order From The Court To
Restrict Access To The Website Where The Infringing Copyrighted Content Is
Available This second Change will allow Copyright holders to obtain an order from the
court to restrict access to the website where the infringing copyrighted
content is available.
This will give court the authority to issue orders to service providers so
that they limit access to copyrighted content sources, partly or fully.
Service providers are intermediaries that can block access to a website with
infringing content. Since the Internet allows for anonymity, the person
responsible for the infringement cannot always be located and sued.
Therefore Copyright holders will get the right to block access to sites that
contain infringing content via internet service providers, even though they are
not directly involved in the infringement. The court can grant an access
restriction order after considering the following Conditions:
- Severity of The Infringement;
- Effect On The Public As A Result of The Order;
- Expected Degree Of Privacy Violation of Internet Users; And
- Possibility Of Providing Other Remedies Instead.
3. Copyright holders to obtain the identity of the infringer:
A party that claims for copyright infringement by an unknown party online
will get the power to file a motion to disclose information about the unknown
infringer from the service providers.
This way, the rights holder can file an infringement claim against the
infringing party. The court can therefore order the disclosure of details that
may lead to the identification of this party, after being convinced of the
existence of an infringement and sufficient information with regard to the
identification of the infringer in order to file a claim. It can also appoint an
expert to clearly identify the infringer and can also grant this entity the
opportunity to deliver its arguments and object to the disclosure. This
procedure has to be introduced in legislation.
4. Adjustments need to be made in the Indian Copyright Act:
This will ensure that there is no longer a difference between copyright
enforcement in the physical world and online.
Therefore following the Suggested amendments, copyright infringement by way of
making the work available to the public through the Internet will also be a
criminal offence, similar to selling a physical copy of a protected work.
Furthermore Criminal liability will only arise if the infringing action was made
by way of business and for making a profit.
I would Request my Readers to please throw light on what they feel about my
suggestions in the comment box hoping to hear from you all.
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