Prosecution Of Piracy And Copyright Violations Under Penal Code
1. Legal Framework for Copyright Violations
Penal Code and Copyright
Copyright is a legal right granted to creators of original literary, artistic, musical, or dramatic works.
Piracy refers to unauthorized reproduction, distribution, or sale of copyrighted works.
Under most Penal Codes (for example, Sections 63–65 of the Indian Copyright Act, 1957, often read with criminal provisions), copyright violations can attract civil remedies (like damages or injunctions) and criminal prosecution.
Penalties: Can include imprisonment, fine, or both. Courts generally impose strict penalties for commercial piracy as opposed to personal use.
2. Key Sections of Penal Law Related to Copyright Infringement
Section 63 (Infringement of Copyright): Making copies without authorization, selling pirated copies.
Section 63A (Offences for Computer Programs): Focused on software piracy.
Section 63B (False Representation as Owner): Claiming ownership or rights falsely.
Section 65 (Penalties): Covers imprisonment up to 3 years and fines.
3. Important Case Laws
Case 1: R.G. Anand v. Delux Films (1978)
Facts: The plaintiff, a playwright, alleged that a film had copied substantial parts of his play.
Issue: Was the film a “substantial reproduction” of the original work?
Judgment: The Supreme Court held that copyright infringement occurs only when substantial part of the original work is reproduced, either verbatim or through substantial similarity in expression.
Significance: Introduced the “substantial part” test. It distinguished between idea (not protected) and expression (protected).
Case 2: University of London Press v. University Tutorial Press (1916, UK, often cited in Indian courts)
Facts: Academic papers were copied and sold without authorization.
Issue: Were the papers copyrightable works?
Judgment: Court held that originality and skill in literary composition were sufficient for copyright protection.
Significance: Reinforced the principle that even non-commercial educational works are protected under copyright law.
Case 3: Eastern Book Company v. D.B. Modak (2008)
Facts: Publishers of law reports claimed their compilations were pirated by another company distributing summaries.
Issue: Could legal reporting constitute copyrightable work?
Judgment: The Supreme Court recognized that compilation and arrangement of law reports involve sufficient skill and labor to be copyrightable.
Significance: Clarified that compilations, databases, and structured content can be protected even if individual parts are public domain.
Case 4: Super Cassettes Industries Ltd. v. Entertainment Network (India) Ltd. (2008)
Facts: The plaintiff alleged unauthorized broadcasting of copyrighted music.
Issue: Did radio broadcasting without license constitute infringement?
Judgment: The court held that broadcasting copyrighted work without license is infringement and awarded damages.
Significance: Established liability in the digital and broadcast context. It shows that piracy is not just physical reproduction but can include public performance.
Case 5: Gramophone Company of India Ltd. v. Birendra Bahadur Pandey (1984)
Facts: The defendant was selling pirated music records.
Issue: How to punish commercial piracy?
Judgment: The court imposed rigorous imprisonment and fines, emphasizing the commercial scale of piracy as an aggravating factor.
Significance: Reinforced that intent to profit from piracy escalates penalties under Penal Code provisions.
4. Key Principles from Case Laws
Substantial Part Test: Mere ideas aren’t protected, but substantial reproduction of expression is.
Originality and Skill: Even compilations, arrangements, and educational works can be copyrighted.
Commercial Intent Matters: Piracy for profit attracts harsher penalties.
Digital and Broadcast Piracy: Unauthorized distribution online or via radio is infringement.
Civil Remedies vs. Criminal Liability: Courts can order damages and imprisonment depending on severity.
5. Conclusion
Prosecution of piracy under the Penal Code is both preventive and punitive. Courts have consistently emphasized:
Protection of creators’ rights
Deterrence of commercial piracy
Recognition of both physical and digital infringements
The combination of Sections 63–65 and judicial interpretations forms a robust legal framework for tackling piracy and copyright violations.
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