CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

CYBER LAW

PROJECT TOPIC:- COPYRIGHT ISSUES ON INTERNET

SUBMITTED TO: MR. KUMAR GAURAV,

(FACULTY OF CYBER LAW)

SUBMITTED BY- AMAN ADITYA

SEMESTER-9TH (B.B.A,.LL.B)

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 ACKNOWLEDGEMENT

Apart from the efforts of the researcher, the success of any project depends largely on the
encouragement and guidelines of many others. I take this opportunity to express my gratitude to
the people who have been instrumental in the successful completion of this project.

I would like to show my greatest appreciation to Mr. KUMAR GAURAV. I can‟t say thank you
enough for his tremendous support and help. I feel motivated and encouraged every time I attend
his lectures. Without his encouragement and guidance this project would not have materialized.

The guidance and support received from all the members who contributed and who are
contributing to this project, was vital for the success of the project. I am grateful for their
constant support and help.

To complete this project was not easy, but due to kind help from many persons I was able to
complete my project work without any difficulty.

I am thankful to my librarians, who provided me the books and materials required for the
completion of this project.

I am grateful to all my friends, from whom I got the meticulous comments and suggestions
which proved very beneficiary in the completion of this project and I am also grateful to my
parents for supporting me.

Finally, I am thankful to all those individuals and institutions that directly and indirectly
provided me the materials which helped me to complete this project.

Aman Aditya

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 OBJECTIVE OF STUDY

The researcher‟s aim is to get deep knowledge about the copyright and it‟s infringement on
online as well as offline mode. The researcher also discussed about the countermeasures of these
issues.

RESEARCH METHODOLOGY

The project involves doctrinal method of research. The researcher has based the study on the
primary and secondary sources. The primary source used are Bare Acts, the secondary sources
used are books, case laws and articles. A uniform method of citation is used and works of
various scholars which were referred is gratuitously acknowledged in the citation.

RESEARCH QUESTIONS

 What is copyright Infringement?

 What are the countermeasures of copyright issues on internet?

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 CONTENTS
I. INTRODUCTION ................................................................................................................... 5

II. COPYRIGHT INFRINGEMENT ........................................................................................... 7

III. EFFECT ON INTERNET .................................................................................................. 11

IV. DIFFERENT FORMS OF INFRINGMENTS................................................................... 13

IV.I. ONLINE FORM OF INFRINGMENTS .......................................................................... 13

IV.II. OFFLINE MODE OF COPYRIGHT INFRINGEMENT ............................................... 14

V. COUNTER-MEASURES OF COPYRIGHT ISSUES ON INTERNET .............................. 15

V.I. COPYRIGHT AND THE INTERNET: THE INTERNATIONAL FRAMEWORK ....... 15

V.II. INTERNET PROTECTION IN INDIA ........................................................................... 16

VI. CONCLUSION .................................................................................................................. 17

VII. BIBLIOGRAPHY .............................................................................................................. 18

VII.I. BOOKS REFERENCES:- ............................................................................................... 18

VII.II. ONLINE SOURCES:- ................................................................................................... 18

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 I. INTRODUCTION

Copyright laws protect original works, but not ideas or facts. The Copyright Act of 1976 grants
exclusive rights to the copyright holder. A copyright protects original works such as: literary
works, musical works, dramatic works, pantomimes & choreographed works, pictorial, graphic,
and sculptural works, motion pictures and other audiovisual works, sound recordings,
architectural works, compilations (databases for example), written words on a website, and
software programs on a website. The copyright holder has exclusive rights such as reproduction,
derivative works (being allowed to alter it), distribution, performance, display, audio & video
transmission.1 The Act also provides that subject to certain conditions, a fair deal for research,
study, criticism, review and news reporting, as well as use of works in library and schools and in
the legislatures, is permitted without specific permission of the copyright owners. Section 13
provides that subject to the provisions of this section and the other provisions of this Act,
copyright shall subsist throughout India. In order to protect the interests of users, some
exemptions have been prescribed in respect of specific uses of works enjoying copyright. Some
of the exemptions are the uses of the work (i) for the purpose of research or private study, (ii) for
criticism or review, (iii) for reporting current events, (iv) in connection with judicial proceeding,
(v) performance by an amateur club or society if the performance is given to a non-paying
audience, and (vi) the making of sound recordings of literary, dramatic or musical works under
certain conditions.2

Though originality in expression is a requirement for copyright, the quality of the works is not an
issue at all. It is to be noted that though the copyright subsists in works which are the creation of
ideas, it is not the idea that the copyright protects, but merely the expression of the idea as fixed
in a particular form.

1
By anonymous available at http://www.offthepagecreations.com/legal_issues_internet.php last visited
on03/09/2018,10:45pm IST
2
By anonymous available at https://mason.gmu.edu/~montecin/copyright-internet.htm last visited
on03/09/2018,10:45pm IST

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If an author thinks up the plot of a story, it is not the idea of the plot that is entitled for protection
under a copyright but only the written form of the story flowing from the idea. Any other person
can come up with a differently written story on the same idea and have a valid claim for a
copyright over it. If a painter has a copyright in a painting which depicts sunrise no one else can
legally copy that painting without his / her permission. However, there is no copyright in the idea
of sunrise and anybody is free to paint sunrise as per his / her own imagination, and everyone
will be entitled to copyright in one‟s own creation.3 The copyright is in the painting, not in the
idea of sunrise. Copyright is an inherent right that commences since the completion of the work
as an expression of the idea. Copyright comes with the doctrine of „fair use‟, which includes use
of the work for purposes of criticism, comment, news reporting, teaching and education,
scholarship and research. Fair use does not constitute infringement. Copyright is intended to
benefit society as a whole. It‟s easy to lose sight of this broader perspective in the course of day-
to-day dealings with copyright, but it‟s important to keep in mind, especially as we consider the
ways in which the current copyright system might be improved.4

3
By anonymous available at http://www.offthepagecreations.com/legal_issues_internet.php last visited on
03/09/2018,10:45pm IST
4
By anonymous available at www.ncdrc.res.in/national-cyber-crime-reference-hand-book-first-edition.php last
visited 03/09/2018,10:55pm IST

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 II. COPYRIGHT INFRINGEMENT

Copyright infringement has become a serious issue in the modern world. Infringement occurs
when a person intentionally or unintentionally copies the work of another creator. Infringement
is usually classified into two categories – primary infringement and secondary infringement. The
general rule is that copyright lasts for 60 years. In the case of original literary, dramatic, musical
and artistic works the 60-year period is counted from the year following the death of the author.
In the case of cinematograph films, sound recordings, photographs, posthumous publications,
anonymous and pseudonymous publications, works of government and works of international
organizations, the 60-year period is counted from the date of publication.

The following are some of the commonly known acts involving infringement of copyright:

i. Making infringing copies for sale or hire or selling or letting them for hire;

ii. Permitting any place for the performance of works in public where such performance
constitutes infringement of copyright;

iii. Distributing infringing copies for the purpose of trade or to such an extent so as to affect
prejudicially the interest of the owner of copyright ;

iv. Public exhibition of infringing copies by way of trade; and

v. Importation of infringing copies into India.5

A copyright owner can take legal action against any person who infringes the copyright in the
work. The copyright owner is entitled to remedies by way of injunctions, damages and accounts.
Where, in the case of a literary, dramatic, musical or artistic work, a name purporting to be that
of the author or the publisher appears on copies of the work as published, or,

5
By anonymous available at http://study.com/academy/lesson/what-is-copyright-infringement-understanding-
copyright-law.html last visited 03/09/2018,11:35pm IST

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in the case of an artistic work appeared on the work where it was made, the person whose name
so appears or appeared shall, in any proceeding in respect of copyright in such work, be
presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case
may be.

All infringing copies of any work in which copyright subsists and all plates used or intended to
be used for the production of such infringing copies shall be deemed to be the property of the
owner of the copyright. The minimum punishment for infringement of copyright is imprisonment
for six months with the minimum fine of Rs. 50,000/-. In the case of a second and subsequent
conviction the minimum punishment is imprisonment for one year and fine of Rs. one lakh.6

Copyright law confers upon the owner of the work a bundle of rights in respect of reproduction
of the work and the other acts which enables the owner to get financial benefits by exercising
such rights. If any of these rights relating to the work is carried out by a person other than the
owner without the license of the owner or a competent authority under the act, it constitutes
infringement of copyright in the work. Since copyright is granted for a limited period, there will
be no infringement if the reproductions of the work or other acts concerned are carried out after
the term of the copyright has expired. The exclusive rights conferred on the owner depends on
the nature of the work in which copyright subsists. Accordingly the type of acts which will
constitute infringement will also depend on the nature of work. Section 51 defines infringement
of copyright generally. Section 52 defines a long list of acts which do not constitute infringement
of copyright. These are in nature of exceptions to the exclusive rights conferred up on the
copyright owner. They also serve as defences in an action for infringement of copyright. The
exclusive right granted under the Act extends also a translation or adaptation of the work or to a
substantial part thereof. Thus copyright will be infringed if the substantial part of the work was
reproduced.7

What amounts to substantial part of work will depends on the circumstances of the case.
Copyright infringement is defined as the use of works protected by copyright law without

6
By anonymous available at http://study.com/academy/lesson/what-is-copyright-infringement-understanding-
copyright-law.html last visited 03/09/2018,11:50pm IST
7
By anonymous available at cyberlaws.net/cyber-law-books/. last visited 03/09/2018,10:15pm IST

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permission infringing certain exclusive rights granted to the copyright holder as defined by the
Copyright Act, 1957. Section 51 of the said act states:

“51. When copyright infringed -Copyright in a work shall be deemed to be infringed- a) when
any person, without a licence granted by the owner of the copyright or the Registrar of
Copyrights under this Act or in contravention of the conditions of a licence so granted or of any
condition imposed by a competent authority under this Act-

i. does anything, the exclusive right to do which is by this Act conferred upon the owner of the
copyright, or

ii. permits for profit any place to be used for the communication of the work to the public where
such communication constitutes an infringement of the copyright in the work, unless he was not
aware and had no reasonable ground for believing that such communication to the public would
be an infringement of copyright; or

b) when any person-

i. makes for sale oror sells or lets for hire, or by way of trade displays or offers for sale or hire, or

ii. distributes either for the purpose of trade or to such an extent as to affect prejudicially the
owner of the copyright, or

iii. by way of trade exhibits in public, or

iv. imports into India, any infringing copies of the work.8

Provided that nothing in sub-clause (iv) shall apply to the import of one copy of any work for the
private and domestic use of the importer.”

As per Section 2 (m) "infringing copy" means,-

(i) in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise
than in the form of a cinematographic film;
8
By anonymous available at cyberlaws.net/cyber-law-books/. last visited 04/09/2018,10:25pm IST

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(ii) in relation to a cinematographic film, a copy of the film made on any medium by any means;

(iii) in relation to a sound recording, any other recording embodying the same sound recording,
made by any means;

(iv) in relation to a programme or performance in which such a broadcast reproduction right or a

performer's right subsists under the provisions of this Act, the sound recording or a
cinematographic film of such programme or performance, if such reproduction, copy or sound
recording is made or imported in contravention of the provisions of this Act.9

9
By anonymous available at https://www.legalzoom.com/articles/how-to-avoid-copyright-infringement last
visited 04/09/2018,10:45pm IST

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 III. EFFECT ON INTERNET

Internet technology is developing faster than the laws that govern it. New laws that apply to the
Internet have been established either by legislation or the courts; copyright laws are among them.
A common myth about the Internet is that anything posted online can be copied or downloaded.
In truth, anything you see on the Internet has the same potential of being protected by copyright
as anything you see in the library or bookstore. Under modern copyright law, the formalities of
registration and copyright notice are no longer required. As long as material satisfies three
elements, copyright protects the work automatically.

It is helpful to understand how the copyright statute works to see clearly that the law applies to
the Internet. The copyright statute is triggered by the unauthorized act of copying, publishing,
performing (by digital means or otherwise), displaying in public, or revising (make derivatives)
any copyright protected materials. Browsers also make copies so you can return to a site faster.
This is technically sufficient to trigger the copyright statute. Does this mean that everyone who
merely surfs the Internet is liable for copyright infringement and risks being sued? No, because
of Implied Consent.

Downloading content from any web page is the equivalent to making a copy of the content, the
same as making copies of a book in the library. It makes sense to presume that by doing so you
will infringe the copyright of the author of that content. To comply with copyright law, you must
receive permission from the copyright holder before you download any content. The exception to
this is Fair Use. As in copying printed material such as books in the library, you will not need
permission if you qualify for Fair Use. Most of the Fair Use factors that apply to printed media
also apply to the Internet, with the exception of posting materials on the Internet. This will, in
most instances, disqualify you from Fair Use by itself. You must get permission to post other
people‟s work on the World Wide Web. Posting anything on the World Wide Web is the same as
publishing or distributing it worldwide, and publishing and distributing is the most revered of the
exclusive rights of copyright holders.10

10
By anonymous available at http://myessaypoint.com/negative-impact-of-internet

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Presently, the most flagrant copyright-infringing activity on the Internet is sharing music,
movies, or software. The music and movie industries are aggressively pursuing those who are
downloading music or movies in file sharing forums such as peer-to-peer (P2P) networks.
Thousands of lawsuits have been filed in the United States and many other countries in the
world. When copyright infringement, through file sharing or otherwise, occurs on the University
Internet service, WSU is also vicariously liable for copyright infringement. It is in violation of
the Electronic Publishing and Appropriate Use Policy to download or upload materials from the
Internet without permission.11

11
By anonymous available at http://myessaypoint.com/negative-impact-of-internet last visited
04/09/2018,11:15pm IST

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 IV. DIFFERENT FORMS OF INFRINGMENTS

IV.I. ONLINE FORM OF INFRINGMENTS

Analyzes the potential application of such rights to various actions on the Internet, such as
browsing, caching, linking, operation of an Internet service or bulletin board, creation of
derivative works, and resale or subsequent transfer of works downloaded from the Internet, as
well as how various traditional defenses – such as fair use and the implied license doctrine – may
be interpreted with respect to Internet activities.

A. Browsing

Browsing is probably the single most common activity of users on the Internet today. It provides
a graphic illustration of the difficulty and uncertainty of applying traditional copyright rights, in
which tangible objects are the paradigm for transfer of information, to the Internet medium, in
which electronic transmissions are the paradigm for transfer of information. Inc. v. Utah
Lighthouse Ministry, decision, stated, “When a person browses a website, and by so doing
displays the [copyrighted material], a copy of the [copyrighted material] is made in the
computer‟s random access memory (RAM), to permit viewing of the material.12

And in making a copy, even a temporary one, the person who browsed infringes the copyright.”

In Religious Technology Center v. Netcom On-Line Communication Services13 noted in

dicta that much of digital browsing is probably a fair use or an innocent infringement.

B. Caching

Caching is another activity that is, under current technology, virtually ubiquitous on the Internet.
Caching (sometimes known as “mirroring,” usually when it involves storage of an entire site or
other complete set of material from a source) means storing copies of material from an original
source site (such as a Web page) for later use when the same material is requested again, thereby
obviating the need to go back to the original source for the material. The purpose of caching is to

12
By anonymous available at guides.library.lls.edu/c.php?g=497723&p=3407532

13
By anonymous available at 907 F. Supp. 1361 (N.D. Cal. 1995). last visited 02/11/2017,11:25pm IST

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speed up repeated access to data and to reduce network congestion resulting from repeated
downloads of data.

C. Linking and Framing

The practice of “linking” is another activity that is ubiquitous on the World Wide Web. A “link”
is an embedded electronic address that “points” to another Web location. When material from an
inline link is displayed within the “frame” or window border of a page of the linking website,
this type of linking is often referred to as “framing.” Under the WIPO treaties, the result of
clicking on the out link may be to generate an unauthorized access and transmission of the
destination material.

D. Meta tagging

A meta tag is a tag (that is, a coding statement) in the Hypertext Markup Language (HTML) that
describes some aspect of the contents of a Web page. The information that you provide in a meta
tag is used by search engines to index a page so that someone searching for the kind of
information the page contains will be able to find it.

IV.II. OFFLINE MODE OF COPYRIGHT INFRINGEMENT

a) Piracy

The practice of labeling the infringement of exclusive rights in creative works as "piracy"
predates statutory copyright law. Article 12 of the 1886 Berne Convention for the Protection of
Literary and Artistic Works uses the term "piracy" in relation to copyright infringement, stating
"Pirated works may be seized on importation into those countries of the Union where the original
work enjoys legal protection." Article 61 of the 1994 Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPs) requires criminal procedures and penalties in cases of
"willful trademark counterfeiting or copyright piracy on a commercial scale." Piracy traditionally
refers to acts of copyright infringement intentionally committed for financial gain. "Freebooting"
More recently, the term "freebooting" has been used to describe the unauthorized rehosting of
online media, particularly videos.14

14
By anonymous available at http://myessaypoint.com/negative-impact-of-internet last visited
04/09/2018,10:15pm IST

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 V. COUNTER-MEASURES OF COPYRIGHT ISSUES ON INTERNET

As the Internet has became more prevalent, the need for copyright protection there has also
become a necessity. Today, copyright law has been adapted to protect Internet items, just as it
has been adapted through the years to protect various other new mediums. It protects original
work or work that is fixed in a tangible medium, meaning it is written, typed, or recorded. But
because it was not designed specifically for the Internet, in some areas copyright law on the
Internet can be as clear as mud.15

V.I. COPYRIGHT AND THE INTERNET: THE INTERNATIONAL

FRAMEWORK
Until recently, international copyright law rested on the Berne Convention for the Protection of
Literary and Artistic Works and the Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS) of 1995. Issues relating to sound recordings and performances
(sometimes referred to as “related rights”) were addressed in the Rome Convention for the
Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961).
Since 1974, the international copyright instruments have been managed by a special United
Nations agency – the World Intellectual Property Organization (WIPO). WIPO‟s objective, as
described in the treaty establishing it , is to promote the protection of intellectual property
throughout the world through cooperation among States and, where appropriate, in collaboration
with other international organizations. The General Agreement on Tariffs and Trade (“GATT”)
has also addressed copyright issues, in parallel to WIPO.16

So it is clear that the approach taken in the copyright provisions of the TRIPS Agreement is to
adopt the regime of copyright protection provided in the Bern Convention.

15
By anonymous available at http://mpra.ub.uni-muenchen.de/8253/1/MPRA_paper_8253.pdf . last visited
03/11/2017,10:10pm IST

16
Convention Establishing the World Intellectual Property Organization (Stockholm, July 14, 1967). last visited
03/11/2017,10:30 pm IST

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Article 10.1 provides that, “Computer programs, whether in source or object code, shall be
protected as literary works under the Bern Convention.”

The WIPO copyright treaty is a special agreement amongst the member countries to grants
authors more extensive rights than those granted by the Bern Convention. Article 4 of the treaty
provides that, "Computer programs are protected as literary works within the meaning of Article
2 of the Bern Convention. Such protection applies to computer programs. The Digital
Millennium Copyright Act (DMCA) was adopted in October 1998 to implement the United
States‟ treaty obligations under the WCT and the WPPT and to “move the nation‟s copyright law
into the digital age.”17 Outlaws the manufacture, sale, or distribution of code cracking devices
used to illegally copy software. Protects Internet service providers from copyright infringement
liability for simply transmitting information, and limits the liability of nonprofit institutions of
higher education.

V.II. INTERNET PROTECTION IN INDIA

The Internet system is spreading fast in India. There are many issues related to internet. But one
of the biggest issues concerning Internet is protection of intellectual property- works of the mind.
As per Section13 and 63 of Indian Copyright Act, 1957 literary works, pictures, sound
recordings and other creative works are protected from being copied without the permission of
the copyright holder.18 Section 79 of the IT Act exempts ISPs from liability for third party
information or data made available by him if the ISP had no knowledge of the offence committed
or if the ISP had exercised „all due diligence‟ to prevent any infringement.

17
By anonymous available at http://www.internetpolicy.net/practices/20041200copyright.pdf last visited
04/09/2018,11:15pm IST
18
Saha.Subhasis& Keshari Sourav, Challenges to Copyright Work in Cyberspace, Journal of Intellectual
Property Rights Vol. 13.Jan 2008. at p.35.

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 VI. CONCLUSION

With India emerging as an IT major at international levels, the development and growth of online
means of transmission of copyrighted works over the Internet has thrown up a superfluity of
issues of immediate relevance to the Indian business interests and, therefore, there is a
compelling need for India to conform to the international framework for resolution of the issues.
The borderless nature of Internet, calls for a more encouraging relationship in other jurisdiction
and close cooperation with the international organizations. Undoubtedly, the current Copyright
laws do provide protection to Copyright owners but it has some drawbacks. There are issues of
relevance for which the current legal frame work does not provide any statutory remedies such as
the punishment for the activities of intermediaries for copyright infringement, the rights
management information, the protection of anti-circumvention devices etc. The society must be
educated on the necessity of Copyright protection to prevent any unauthorized use. Hence,
barring a few important aspects, the copyright Act 1957 & the Information Technology Act
meets the challenges posed by the internet. In India is normally established through comparison
of the two works from a holistic perspective. Although the said decision does specifically state,
for instance, that ideas per se are not protectable, the similarity in the ideas between the two
works involved in that case seems to have been a factor that the Court considered. Therefore, the
law in India prescribes more of a total “look and feel” of the work involved, as seen from the
perspective of the viewer / audience. We then noted that arguments for having such a category of
crime could be advanced from legal, moral, and descriptive/ informational perspectives.

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 VII. BIBLIOGRAPHY

VII.I. BOOKS REFERENCES:-

 Rao, Niranjan C. (1998) “Intellectual Property Rights: The Impact Of TRIPS” The
Charted Accountant, February, 1998
 Jatindra Kumar Das, Law of Copyright (PHI Learning Private Ltd. 2015) 88.

VII.II. ONLINE SOURCES:-

 www.lexisnexis.in/books-cyber-crimes.htm
 www.jainbookdepot.com/servlet/jbsubjdisp?offset=0&subname=Cyber+Crime
 www.ncdrc.res.in/national-cyber-crime-reference-hand-book-first-edition.php
 www.polity.co.uk/book.asp?ref=9780745627359
 guides.library.lls.edu/c.php?g=497723&p=3407532
 cyberlaws.net/cyber-law-books/.
 cybercrimecentre.in/cyber-law-books/.
 http://myessaypoint.com/negative-impact-of-internet
 http://www.offthepagecreations.com/legal_issues_internet.php
1
 https://mason.gmu.edu/~montecin/copyright-internet.htm
 www.ncdrc.res.in/national-cyber-crime-reference-hand-book-first-edition.php

 http://study.com/academy/lesson/what-is-copyright-infringement-understanding-
copyright-law.html
 https://www.legalzoom.com/articles/how-to-avoid-copyright-infringement
 http://www.internetpolicy.net/practices/20041200copyright.pdf

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