Professional Documents
Culture Documents
Jaybhaye
Assistant Professor
Hidayatullah National Law University
Copyright Law - India
Concept and Meaning of Copyright:
Copyright Act 1957
Sec. 13 Works in which Copyright subsists?
Sec. 14 Meaning of a Copyright.
Sec. 51 Infringement of a Copyright.
Sec. 52 Fair use in a Copyright
Remedies for infringement
Copyright Law - India
Meaning of Cyberspace:
Direct infringement The Circuit Court agreed with the district court's
determination that Napster users were probably engaging in direct
infringement of plaintiffs' copyrights.
Napster Case:
Contributory infringement
In order to prove contributory infringement, a plaintiff must
show that a defendant had knowledge of infringement (here,
that Napster knew that its users were distributing
copyrighted content without permission across its network)
and that defendant supplied material support to that
infringement.
The Court held that since Napster was aware the specific
infringing files being transmitted through its system it could
be held for contributory liability.
Super Cassettes v. MySpace
In 2007, Super Cassettes Industries Limited (SCIL) filed a
suit against MySpace, a social networking platform,
alleging copyright infringement against MySpace.
On the issue of modification, the court reasoned that since modification was an
automated process which changed the format only, without MySpace's tacit or
expressed control or knowledge, it was in compliance of the legislative
requirement.
Ban on Songs.pk
The Calcutta High Court has passed an ex-parte injunction restraining a
number of Internet Service Providers (ISPs) from providing access
to www.songs.pk, a website which has gained notoriety for providing the
latest Bollywood music for free downloading to all visitors.
The lawsuit before the Calcutta High Court has been filed by the
Phonographic Performance Ltd. (PPL), Indian Music Industry (IMI) and
Sagarika Music Pvt. Ltd.
The defendants named in the suit are various ISPs such as Dishnet Wireless
Ltd, Reliance Wimax Ltd, Hathway Cable & Datacom Pvt Ltd, Hughes
Communications Ltd India, Tata Teleservices (Maharashtra) Ltd, Reliance
Communications Infrastructure Ltd, Wipro Ltd, Sify Technologies Ltd, Bharti
Airtel Ltd, Vodafone India Ltd, and BG Broadband India Pvt Ltd.
John Doe” orders or “John Doe”
injunctions
“John Doe” orders or “John Doe” injunctions are “cease and desist”
orders passed by a court against anonymous entity/entities. These
orders in the recent times have been issued in matters of protecting
copyrights.
Order 7 Rule 1 of the Code of Civil Procedure provides that the plaint
shall contain the name, description and place of residence of the
defendant so far as can be ascertained.
In the Bodyguard Movie Case, the Delhi High Court opined that
“defendants and other unnamed and undisclosed persons, are
restrained from communicating or making available or
distributing, or duplicating, or displaying, or releasing, or
showing, or uploading, or downloading, or exhibiting, or playing,
and/or defraying the movie ‘Bodyguard’ in any manner without a
proper license from the plaintiff or in any other manner which
would violate/infringe the plaintiffs copyright in the said
cinematograph film ‘Bodyguard’ through different mediums like
CD, DVD, Blue-ray disc, VCD, Cable TV, DTH, Internet services,
MMS, Tapes, Conditional Access System or in any other like
manner. Plaintiff is permitted to publish the ‘John Doe’
injunction order passed in the local newspapers.”
Scope of Online Service Provider
Liability
• Addressed by Digital Millennium
US Copyright Act of 1998
The court further found that defendants profited from this activity
through sale of other services.
Sega Enterprises Ltd. v. Maphia
857 F. Supp. 679 (N.D. Cal. 1994)
Moreover, the court found that many of the games were located in
files on defendants' computer bearing the name Sega, which also
appeared when a Sega video program downloaded from the bulletin
board was run.
Sega brought an action against the defendants, charging them, inter
alia, with federal copyright and trademark infringement, unfair
competition and false designation of origin, as well as the violation
of a series of California statutes.
On Sega's motion, the court issued a preliminary injunction, which
enjoined defendants from continuing to engage in this conduct and
directed the seizure of infringing materials in defendants'
possession.
The injunction included a provision barring defendants from
making Sega programs available to users of the bulletin board in
question, or storing Sega video programs in files accessible to such
bulletin board users.
Eastern Book Company Limited v D. B
Modak (2008) 1 SCC 1
The appellants were engaged in business of printing judgements of the
Supreme Court of India through its publication ‘Supreme Court Cases’.
These judgements would be copyedited by them to make these more
user friendly by putting cross references, inputs, paragraph numbers,
formatting and headnotes.
How much of work can be accessed, after its sale to the user.
Metatagging
Linking
Linking to one website with another is considered as
Copyright infringement in cyberspace.
Linking
Surface Deep
Linking Linking
Surface Linking:
Surface linking, where the home page of a site is linked.
Surface link transfers the user from the webpage of one
site to the home page of the linked site.
A simple link from one Web site to the home page of another
Web site does not normally raise concern.
Deep Linking:
Linking to the internal pages of the website is called as the
Deep Linking.
This takes the user to the internal web pages without having
any look to the homepage of the website.
The problem arises only with regard to the practice of deep
linking.
Relevant cases on Linking
Ticketmaster Corp., et al. v. Tickets.Com, Inc.
United States District Court for the Central District of California 2000
Both the plaintiffs and defendants had websites providing information
about sports events.
The decision permitted Tickets.com to place deep links to Ticketmaster
Tickets.com used to sell the events ticket online. Tickets.com had created
a link to its webpage i.e. “Buy this ticket from another online ticketing
company.”
Clicking on this link used to instantly transfer the customer to the interior
webpage of Ticektmaster.
It was held in this case that deep linking didn’t violate the Copyright Act of
1976.
Shetland Times Ltd v Dr Jonathan Wills and
Zet News Ltd. (1997) FSR 604,
This is another Scottish case relating to deep linking.
The plaintiff owns and publishes The Shetland
Times newspaper.
The defendant had deliberately reproduced the headlines of
plaintiffs site and were hyperlinked to the internal pages of
the plaintiffs site.
The Defendant had bypassed the home page of the plaintiff
which carries the paid advertisement.
Shetland Times Ltd v Dr Jonathan Wills and
Zet News Ltd. (1997) FSR 604,
Issue: Whether deep linking to the plaintiffs websites
news headlines was an act of copyright infringement
under the UK’s Copyright Designs and Patents Act
1988.