PIRACYPresentation By

Rajesh Cheemalakonda Priyanka Praveen

INTRODUCTION

What is piracy?

–Piracy is the illegal replication of an original recording for commercial gain without the consent of the owner.

– Piracy is a theft which leads to a loss to the owners of the property. Besides economic loss, piracy also affects the creative potential of a society as it denies authors and artists their legitimate dues.

Quoting legal definition

• Piracy is defined as the creation of duplicate un-authenticated copies of some copyright protected item. The item can be a sound file, video files like movies, PC games, computer software (includes web based) or even hardware utilities. But the piracy of audio-video files is a much developed and penetrated crime as compared to other sort of piracies. Piracy is a special crime categorized under sections of copyright violations and Indian cinematographic act.

TYPES OF PIRACY Piracy of Literary works: Piracy of literary works

means illegal reproduction of books and other printed materials and distribution/selling of these for profit.

Audio Piracy : Piracy of sound recordings.

Cinematographic Piracy : Piracy of films takes two principal forms, namely `video piracy' and `cable piracy’.

Soft ware piracy : Piracy in computer software simply means copying and distribution of computer programmes without the copyright holder’s permission. The different types of software piracy are:

1. Counterfeiters : Software counterfeiters produce disks, documentation and packaging that look very similar to those of the software publisher.

2. Reseller :piracy occurs in the distribution channel. Distributors or dealers make copies of software onto floppy disks, or the internal storage device or the "hard disk" of computers that they are selling, without authorization from the software publisher.

3. Mail-order :piracy consists of the unauthorized copying of software onto diskettes, CDs, or other media and distribution of such software by post.

4. Bulletin board :pirates take on in unauthorized reproduction and distribution of software through telecommunication.

5. End-user :piracy takes place when a user copying software onto hard disks of more computers than the number authorized by the publisher

Distribution networks

Pirates use various distributions networks based on the content, reach and market (customers)

Two important forms of distribution networks are

1. Alternate distribution techniques or market distribution ( on post, Sunday markets etc.) (postal orders, Sunday markets, Honkong bazars, video shops, etc.)

2. Online distribution (File hosting sites, P2P networks, websites and

portals etc.

Raising demand and Emergence of Internet

• Raising demand in entertainment industry and the advent of internet has resulted in increased scope of piracy.

• Literary works are digitized and are distributed using internet. (Gigapedia, downloadfreepdf.com etc.)

• Sound tracks, videos films and computer soft wares were made available online through web portals, file hosting servers and P2P networks. (Songs.pk, nokias60v5.com etc.)

• Pirates started using new techniques like cheat codes, cracks and patches to pirate computer programs.

Online distribution of Piracy

Anti Piracy Laws

“Queen Anne’s Statute” 1710- was the first copyright statute in the Kingdom of Great Britain . It was enacted in the year 1709 to 1710 and entered into force on 10 April 1710.It is generally considered to be the first fully-fledged copyright statute.

Post Independence: -Indian Copy right act 1957 -Intellectual property rights

law -subsequent amendments to Copyright act (came into force after 1995) .

Current laws

In India, cinematographic films are protected under the Copyright Act 1957. Section 52A of the act sets out specific requirements for cinematographic films, including the

following:

The user of the film (or videotape) must possess a copy of the certificate granted by the Board of Film Certification under Section 5A of the Cinematograph Act;

The user must have the name and address of the maker of the film, as well as a declaration that the user has obtained the necessary license or consent from the copyright owner; and

The name and address of the owner of the copyright in the work must be included in sound recordings and video films.

Section 68A sets out the penalties to be imposed if Section 52A is contravened.

Pro Piracy Movement

Anti Copy right

Anti-copyright refers to the complete or partial opposition to prevalent copyright laws.

ArgumentA central anti-copyright argument is that copyright has never been of net benefit to society and instead serves to enrich a few at the expense of creativity. Some anti-copyright groups may question the logic of copyright on economic and cultural grounds. Also, in the context of the Internet and Web 2.0 it can be argued that copyright law needs to be adapted to modern information technology..

Many traditional anarchists, including Leo Tolstoy, expressed their refusal to accept copyright.

Groups like pirate cinema, the group of noble peers, The pirate bay etc. played active role in pro-piracy movement.

Pros and Cons of Piracy

Pros

Availability beyond markets

Low cost and are easily affordable to common man.

Cons

Huge avenue loss for both state and the copy right owner.

Misuse or manipulation of content cannot be traced.

Risk of viruses, identity theft and other security issues.

Combating Piracy Some Anti Piracy

Anti Piracy campaigns involving public.Use Marketing Strategies

Reducing the market price of original product.

Increasing no. of exhibition prints (in case of Films)

Selling broadcast rights to TV networks, Online portals, DTH networks etc.

Installing trackers, copy protect programs and piracy warnings Etc.

Devising Universal antipiracy laws.

Case Study-1Text book piracy in Andhra Pradesh.

Hyderabad Police seized a printing press owned Nishit Multimedia and 60,000 pirated text books on 10th Nov 2010 .

P.Narayana Founder Chairman of Narayana group of educational institutions , was arrested for allegedly pirated Telugu Academy text books.

Preliminary estimation of loss is expected to be 10 Core which is 34% of the annual income of Telugu academy.

Case Status: Pending in sessions court. Raised new debate on applicability of

copyright act for scientific facts in public domain.

Case study-2‘Hum Aapke hain Kaun’ case on T-Series

A law suite was filed against T-Series in 1979 when it launched version songs of the famous block buster film ‘Hum aapke hain kaun’ violating supreme courts directions using the original title and images of star cast on its covers.

As a business strategy using loopholes of the then copyright laws, Gulshan Kumar reproduced the original sound tracks of the film using same lyrics but with different singers and orchestra

Case Status: T-Series lost the case

But Now T-Series plays a huge role anti piracy movement in India

Case study-3(a)The injection order on

LimeWire Is a P2P file sharing client program that runs on multiple flat forms

On October 26, 2010, US federal court judge Kimba Wood issued an injunction forcing LimeWire to prevent "the searching, downloading, uploading, file trading and/or file distribution functionality, and/or all functionality" of its software in Arista Records LLC v. Lime Group

A trial investigation the damages necessary to compensate is initiated.

Case study-3(b)The Pirate Bay

in The Pirate Bay The Pirate Bay is "one

of the world's largest facilitators of illegal downloading" and "the most visible member of a burgeoning international anti-copyright or pro-piracy movement". On 15 November 2008, The Pirate Bay announced that it had reached over 25 million unique peers.

TPB has been involved in number of lawsuits

The website used to be run by Gottfrid Svartholm and Fredrik Neij who are known as Anakata and TiAMO, respectively. They have both been charged with "assisting in making copyrighted content available.

Autopsy photos uploaded on pirate bay stirred out new debates on ethical aspects of piracy.

TPB is the most targeted website by anti piracy activists all over the world. Some filed lawsuits other tried to hack the site.

Thank you