Introduction:
Film Piracy is the unauthorised copying, distribution or sharing of movies and films without the consent of the creators, or producers. While this issue has existed for years, traditionally through the sale of DVDs or blu-rays, it has taken a more pervasive form in today's digital world.Online piracy has become alarmingly common with countless websites, offering illegally uploaded movies often in poor quality for free streaming or download. From recording films in theatres to uploading high-profile releases after their premier piracy, not only impacts the quality of viewers' experiences, but also causes significant financial losses to filmmakers and the entertainment industry.With technology evolving rapidly, combating piracy requires collective efforts to educate audiences about its repercussions and promote legal alternatives for enjoying movies.
The Root Cause of Film Piracy:
One of the primary reasons for widespread Prevalence of film piracy in India is the growing reliance on OTT platforms for broadcastingmovies. While these platforms provide convenient access to the latest films, they often require substantial subscription fees or charge additional cost for renting a movie for a one-time watch. This financial barrier leads many viewers to resort to pirate content as a cost saving alternative. As a result, film piracy is not just perpetuated by those who distribute an authorised content but is also failed by audiences who perceive it as an economical option. This dual dynamic significantly contributes to the persistence of piracy, underscoring the need for more affordable and accessiblelegal viewing options.
Various Forms of Film Piracy:
Film piracy takes various forms starting with torrenting, which uses peer to peer (P2P) networks to share files by piecing data from multiple sources, making it decentralised and difficult to shut down despite risks like Malware and legal consequences. Illegal streaming websites provide an authorised access to movies and TV shows of an operating from countries with lax copyright laws, exposing users to intrusive ads, Malware and potential legal issues.
Direct downloads involve obtaining pirated content from servers, blogs, or file hosting platforms, which through straightforward are easier to track and carry similar risks.Another prevalent form is the use of pirated software and crack files to bypass activation systems, compromising security and undermining the software industry. P2P networks also enable direct file sharing without central servers, facilitating efficient transfers, but facing heavy scrutiny for piracy.
Additionally, VPNs and proxy servers are often employed to access pirate, content, anonymously masking user activity, but not legitimising the act, lastly, cloud storage, and file sharing platforms like Google, Drive or dropbox or misused for uploading and distributing material violating copyright laws and platform policies.
Consequences of Film Piracy:
One of the major impacts of piracy is its significant threat to cyber security in today's era for digital citizens. Film piracy poses risk to everyone engaged in the digital ecosystem. Hackers often exploit pirate content to spread malware, pros and viruses, putting network and sensitive information at risk organisations using bid software, their fees, copy violations and increased vulnerability to cyber-attacks due to the inability to update and fix security flaws.
It also adversely affects the original owners, creators, makers of the film. Film directors and writers invest immense effort into creating compelling stories, but their work is often leaked online before theatrical release. This harms the creators, as piracy undermines their intellectual property and reduces the financial returns on the movie.
Pirates quickly upload movies and TV shows from prominent channels or theatrical releases to illegal streaming sites, causing significant financial losses. India's OTT content industry, projected to grow by 17% to ₹33,800 crores by FY22, offers diverse content, including films and original series. However, piracy undermines this growth, impacting businesses and government revenues, as highlighted by Uday Singh, Managing Director of the Motion Picture Association.
Piracy reduces income and job opportunities for creators and platforms while exposing users to spyware and data theft. Profits from illegal activities may fund organized crime and trafficking. Educating viewers and reducing demand are key to combating piracy effectively.
The Copyright Act and The Cinematograph Act:
In India there are various statutes that govern the digital arena. Copyright law is one of them. The copyright Act-1957 was passed to protect the creators of their artistic work. It had a primary object to address the issue of illegal use of such creative content without the permission of the creator. The creator of any artwork has the right to license it or sell it to others. He can choose how the content is to be distributed. These rights are usually hampered in the cases of film piracy.
The right of the creator to distribute the film in the platforms he wishes to. This also causes great economic loss to the creator. To address the issues of film piracy there was The Copyright (Amendment) Rules of 2021. These rules were crafted in such a way that there was more transparency and accountability of people involved in the process. The rules made the payment of royalties more transparent and quick. The copyright journal was also introduced to maintain a clear record of the creators and their work. This will help to regulate and quickly detect the unauthorized use of films or other artworks.
Another parallel legislation that regulated film piracy is the cinematograph act of 1952 which was amended in 2023 to address the new issues related to pirated films which was the major amendment to the act in nearly 40 years. It prevents the unauthorised recording of films in unlicensed platforms and also other forms of piracy by imposing hefty fines on the wrong-doer. The act clearly gives a definition of "Authorised place of Exhibition" as a "place licensed to exhibit films" to give inclusivity to OTT platforms.
Since the most recent Act refers to "making or transmitting or attempting to make or transmit or abetting the making or transmission," as in earlier drafts, the scope of the anti-piracy provisions has not changed. However, in contrast to earlier drafts that cited the user's "knowledge" and "copy" as pertinent measures of culpability, the most recent Act places more emphasis on the "intention" of the user along with the "infringing copy" of the movie so as to determine liability.
Insights from the US- the Digital rights management:
Any method that producers, publishers, and vendors employ to incorporate technological limits on what users can do with electronic files—such as e-books, DVD movies, and other media—is known as digital rights management, or DRM. Unauthorized copying can be hindered by using DRM. The Digital Millennium Copyright Act of 1998 (DMCA) in the United States makes evading technological protections such as DRM a civil infraction and a criminal crime when done for profit.
The Copyright Act of 1976 serves as the legal basis for copyright protection in the U.S. It prohibits the unauthorized reproduction, distribution, performance, or display of copyrighted materials, such as movies, and imposes both civil and criminal penalties for violations. The law also makes recording in theatres punishable.
Remedies:
Injunction proceedings, real, exemplary, or punitive damages, or accounting of profits are among the remedies for infringement under Section 55 of the Copyright Act. It is also possible to seek certain legal procedures like John Doe Orders and Mareva Injunctions. Section 63 criminal penalties include fines ranging from ₹50,000 to ₹2,00,000 for violations and imprisonment for 6 months to 3 years. Furthermore, intentionally using copies of computer programs that violate the law is punishable by Section 63B, which also entails fines and imprisonment ranging from seven days to three years.
Landmark cases:
The Anton Pillar Order:
In the Anton Pillar AG v. Manufacturing Processes case1, this remedy was used. The court issued an injunction that might stop the defendant from destroying or using the work, permit the plaintiff's attorney to search the property, and force the defendant to reveal the identity of the source. This is available in comparable circumstances.
Fox Star Studios India Ltd. & Anr. vs. Macpuler William & Ors 2 The makers of Bombay Velvet, Fox Star Studios India Ltd. and Phantom Films, filed a civil suit in the Delhi High Court to stop websites and cable companies from unlawfully showing the film. The court imposed an ex-parte injunction that forbade websites from making the movie available for download, streaming, or other purposes. Additionally, Internet service providers (ISPs) were instructed to prevent access to illegal copies. Notices were also sent to the defendants, which included government agencies, websites, and ISPs.
Star India Pvt. Ltd. v. Moviestrunk.com & Ors.: 3 The defendant in this case is accused by the plaintiff of distributing illegal copies of the movie "Mission Mangal" for public viewing and/or download without the plaintiff's consent. The plaintiff's company has been impacted, and this is a violation of the exclusive rights granted under Sections 14 and 15 of the Copyright Act, 1957.The Hon'ble Court declared that the plaintiff had successfully demonstrated that defendants Nos. 1 through 67 were involved in facilitating the plaintiff's copyright infringement and, as a result, fall under the category of "rogue websites" after reviewing the evidence that was on file, electronic records of proof against defendants Nos. 1 through 67, and the investigators' affidavit proving that the plaintiff's content was accessible on the defendant websites Nos. 1 through 67, access to which was being provided illegally and without the plaintiff's license. Furthermore, the plaintiff is entitled to the decree and the actual expenses of the matter because the defendant (i.e., 1 to 67) failed to respond to notices or show up for summons.
Conclusion:
Film piracy continues to be a serious problem that affects economies, industries, and creators. In order to combat piracy, laws such as the Copyright Act of 1957 and the Cinematograph Act of 1952 in line with the Amendment in 2023 offer tools like injunctions, damages, and banning access to websites that violate intellectual property rights. Famous cases like Mission Mangal and Bombay Velvet show how dedicated the judiciary is to upholding intellectual property rights and preventing illegal dissemination. But legal action is not enough on its own. The availability of free pirated content and the advancement of technology are the main reasons why piracy persists. Public awareness of the consequences of piracy and reasonably priced access to legal content via OTT platforms are necessary to address this issue. It's also critical to promote international cooperation and strengthen digital rights management (DRM). We can protect the rights of creators, encourage the creative economy, and guarantee the entertainment industry's long-term viability by combining stringent enforcement with easily accessible legal options.
References:
https://bytescare.com/blog/types-of-piracy
https://nluassam.ac.in/docs/Journals/IPR/vol1-issue-2/14.pdf
Footnotes
1 [1975] EWCA Civ 12
2 CS(OS) No. 1299
3 [CS(COMM) 408/2019]
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