Online Piracy And Streaming Offences
1. Online Piracy and Streaming Offences: An Overview
Online piracy refers to the illegal copying, distribution, or sharing of copyrighted content over the internet without the permission of the rights holder. This includes movies, TV shows, music, software, games, and ebooks.
Streaming offenses occur when copyrighted content is illegally streamed online—live or on-demand—without authorization. Even if a user doesn’t download the content, streaming it illegally is considered an infringement in many jurisdictions.
Key legal frameworks:
Copyright Act, 1957 (India) – Protects literary, dramatic, musical, and cinematographic works.
Information Technology Act, 2000 (India) – Addresses cybercrimes including online piracy.
International laws – WIPO treaties, DMCA (USA), and European copyright directives.
Penalties:
Imprisonment (varies by jurisdiction)
Fines (can be substantial)
Confiscation of infringing devices or servers
2. Key Case Laws
Case 1: Disney Enterprises, Inc. vs. India-based Website Owners
Facts: Disney sued multiple Indian websites streaming its movies illegally.
Court Action: The Delhi High Court issued injunctions to block these websites under the Copyright Act, 1957.
Significance: Highlighted that courts in India could order ISPs to block access to streaming platforms engaged in piracy. It reinforced the preventive nature of copyright enforcement.
Case 2: Star India Pvt. Ltd. vs. Cox & Kings Ltd. (2018)
Facts: Star India noticed illegal streaming of cricket matches on unauthorized platforms.
Court Action: The Delhi High Court emphasized that live streaming of copyrighted content without permission constitutes infringement.
Outcome: The court directed ISPs to block access to websites hosting pirated streams.
Significance: Established that even live sports broadcasts, when streamed illegally, are actionable under copyright law.
Case 3: Reliance Entertainment vs. India-based Torrent Sites
Facts: Reliance Entertainment filed a suit against torrent sites distributing Bollywood movies illegally.
Court Action: The Bombay High Court ordered domain name blocking and emphasized the use of the IT Act to penalize intermediaries who facilitate piracy.
Significance: Showed that torrent sites, which allow users to download content, are directly infringing and can be blocked under both copyright and cyberlaw provisions.
Case 4: MySpace Inc. vs. Super Cassettes Industries Ltd.
Facts: MySpace was hosting user-generated content that contained copyrighted music owned by Super Cassettes.
Court Action: The court ruled that platforms must act upon notices and remove infringing content, otherwise they can be held liable.
Significance: Clarified that intermediaries (social media or streaming platforms) have a “notice-and-takedown” obligation to avoid liability.
Case 5: Motion Picture Association vs. TamilRockers
Facts: TamilRockers, a notorious piracy website, was involved in leaking films online even before official release.
Court Action: Multiple injunctions were issued to block the site in India.
Significance: Highlighted the global reach of piracy and the difficulty of enforcement; also emphasized that courts can order both domain blocking and take-downs to curb piracy.
Case 6: R.G. Anand vs. Deluxe Films (1978) – Classic Copyright Case
Facts: Although predating online piracy, this case laid the foundation for determining infringement in India.
Issue: Whether substantial similarity exists between two cinematographic works.
Court Action: Supreme Court ruled that if a substantial portion of the original work is copied, even if not word-for-word, it constitutes infringement.
Significance: Provides a benchmark for cases involving film streaming and piracy online today.
3. Legal Principles Established
From the cases above, key principles can be summarized:
Unauthorized streaming = copyright infringement
Whether it’s a live sports match, a movie, or music, streaming without consent is illegal.
ISP/intermediary liability:
Websites or platforms hosting infringing content are liable unless they comply with notice-and-takedown procedures.
Blocking and preventive injunctions:
Courts often order ISPs to block access to pirate sites to prevent further infringement.
Global cooperation is necessary:
Many piracy websites operate outside India; international enforcement and cooperation with foreign jurisdictions are critical.
Pre-release piracy is particularly egregious:
Leaks of films before official release can cause enormous financial loss and are treated severely by courts.
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