An Outlook of Copyright Piracy: Light on Indian Film Industry
DOI:
https://doi.org/10.37591/jiprl.v3i2.627Keywords:
Piracy, copyright, infringement, segments, entertainment, media, economy, duplication, films.Abstract
Talking about the Concept of piracy so it is not new at all, Piracy is the duplication or downloading of the content illegally without the proper authentication. The Indian media and amusement division, especially the film business— prominently known as Bollywood, has experienced strong development in the course of duration and has become one of the quickest developing segments of the economy in spite of the financial downturn.India, in contrast to America, has a few film businesses. In later a long time, about eight out of each ten Bollywood contents have been "motivated" by at least one Hollywood films.7 Already, this broad issue was not noticeable to those outside of India. The rise of the Internet and better worldwide correspondences, notwithstanding, have made Westerners progressively mindful of the social duplicate circumstance in India. 'Copyright infringement or piracy t' is certifiably not an outside word to media outlets. It isn't remarkable in Bollywood to dress 'literary theft' as 'motivation.
References
1. Sega Enterprises Ltd v Accol ade Inc.,24 U.S.P.Q2d 1561 (9th Cir. 1992) 11 Webster’s Encyclopedic Unabridged Dictionary of the English Language, Gramercy Books, New York, 1996; ‘Copyright’ is an incorporeal right, being the exclusive privilege of printing, reprinting, selling and publ ishing his own original work which the statute law first gave to an author in 1709, by 8 Anne, c 19, for a particular time, cited at Wharton’s Law Lexicon with Exhaustive Reference to Indian Case Law, Universal Law Publishing Co., 2009;
2. Ibid; ‘Copy’ means a copy which it substantially the same as the original variation in any form the original should not be vital in nature or should not be such that can possibly mislead a reasonable person in meeting to allegation. If the copy differs in material particular s from the original the same cannot be cured after the period of limitation, Ibid; ‘Copy’ means a copy which it substantially the same as the original variation in any form the original should not be vital in nature or should not be such that can possibly mislead a reasonable person in meeting to allegation. If the copy differs in material particulars from the original the same cannot be cured after the period of limitation, Candrakant Uttam Chodankar v Dayanand Raju mandrakar, (2005) 2 SCC 188 cited at Wharton’s Law Lexicon with Exhaustive Reference to Indian Case Law, Universal Law Publishing Co., 2009 407; ‘Copy’ in legal sense the transcript of an original writing; reproduction of something; a writing like another from another as opposed to an original; that which comes so near to the original as to give to every person seeing it the idea created by the original; a reproduction or imitation, as of a writing, printing, drawing painting or other work of art, so as to have another or other similar work to th e original, Advanced Law Lexicon, P Aiyar Ramanatha, Lexis Nexis, Butterworths Wadhwa, 3rd ed. Reprint 2009
3. See Upendra Baxi, Copyright Law and Justice in India, 28 J. INDIAN L. INST. 497 (1986) [hereinafter Baxi, Copyright Law and Justice in India] (obser ving that “the law of copyright in India has received scant juristic attention”); Shubha Ghosh, A Roadmap for TRIPS: Copyright and Film in Colonial and Independent India, QUEEN MARY J. INTELL. PROP. 146, 161 (2011) [hereinafter Ghosh, A Roadmap for TRIPS] (stating that “secondary literature is thin” on issues such as “the development of copyright law in India.”). See also Arpan Banerjee & Ashish Bharadwaj, Intellectual Property Rights Education in India: A Case for Reform, 1 L. & POLY. BRIEF 1 (2015), http://www.jgls.edu.in/PDF/Volume-1- Issue-1-Mar-2015.pdf (discussing various shortcomings of IP law research in India).
4. See, e.g. Velmurugan Chandran, Research Trends in Journal of Intellectual Property Rights (JIPR): A Bibliometric Study, LIBR. PHIL. AND PRAC. , Paper 1043 (2013) (finding that the Journal of Intellectual Property Rights, India’s leading IP law journal, published nearly 300 articles by Indian scholars between 2007 and 2012, although the average length of each article only spanned eight pages). JIPRL (2020) 31–35 © Law Journals 2020. All Rights Reserved Page 35
5. The term 'Indian film industry' has been used in this study to refer to the regional film industries within India as a whole, and not just to Bollywood. The Indian film industry consists of different regional film industries and Bollywood represents only the Hindi language movies
6. See The Copyright Act, 1957, No. 14, Acts of Parliament, 1957, §§ 63 -63A, amended by The Copyright (Amendment) Act, 1984
7. The six Hollywood movies they tracked are Transformers: Revenge of the Fallen, The Proposal, Angels & Demons, Star Trek, Night at the Museum and The Dark Knight. /d. at 31. It may be noted here that the rationale used for the selection of movies is not mentioned in the study. Cite this Article Tripti Bhushan, Priyanshu Sharma . An Outlook of Copyright Piracy: Light on Indian Film Industry . Journal of Intellectual Property Rights Law . 2020; 3(2): 31–35p.
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- 2020-12-16 (2)
- 2020-06-23 (1)
