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Submitted ByShwetaShukla (2011A25) Aparna P (2011A46) Anubha Bhargava (2011B21) AkashSinghal (2011B43) NeelimaAravind (2011D
Enforcement: Section 63: Copyright infringement is a criminal offense in India. The minimum penalty for knowingly infringing upon a copyright is six months in jail which may extend to up to 3 years and a fine of 50,000 rupees, which may extend up to 2 lakh rupees. Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand.
illegally trade songs using university servers. Napster responded that under the Fair Use Act owners of compact discs are permitted to use them as they wish. Thus if an owner of the disc wishes to copy it into a computer file, he or she should be allowed to do so and in case this file happens to be accessible on the Internet, then others can also access or download it without being guilty of a crime. Napster further claimed that since it made no profit off the trades, it owed no money in royalties. However, the Ninth Circuit held that Napster's operation constituted copyright infringement.
Calcutta High Court orders for blocking 104 Indian illegal Music Sharing sites (March, 2012) Indian government has constantly been in action against music sharing sites prevalent in abundance over the internet. Government and courts all over the world are taking action against pirated media sites present online. Recently in March, 2012 Indian Music Industry (IMI) which is a consortium of 142 music companies in India has obtained an order from Calcutta High Court directing all Internet Service Providers in India (around 387) to block 104 illegal music sharing sites in India. Initially IMI had asked for blocking if 300 illegal music sharing sites; however based on the content of pirated content found on those sites the count was reduced to 104. Court has passed an Injunction order asking all major ISPs in India to block user access to these websites by taking steps like DNS name blocking on ISP level, IP address blocking via routers and DPI based URL blocking. A similar action was taken several months ago against songs.pk.
US Court reimposes $220,000 music piracy fine In 2005, the Recording Industry Association of America (RIAA) accused Jammie Thomas Rasset for illegal song sharing on Kazaa (now defunct). The RIAA had found more than 1700 files on her Kazaa account and also claimed that MediaSentry (acting on behalf of Kazaa) had warned her twice of potential infringement of copyright; however she never responded. The case eventually went to court where Ms. Thomas-Rasset denied using Kazaa but acknowledged that she did use the tereastarr" username associated with the offending Kazaa account regularly elsewhere on the net. The jury found her guilty and in the latest case said that a $9,250 fine per song was "not as severe and oppressive as to be wholly disproportionate to the offence and obviously unreasonable".
Some common examples of Online Music Copyright Infringement: o You make an MP3 copy of a song because the CD you bought expressly permits you to do so. But then you put your MP3 copy on the Internet, using a file-sharing network, so that millions of other people can download it o Even if you dont illegally offer recordings to others, you join a file-sharing network and download unauthorized copies of all the copyrighted music you want for free from the computers of other network members o In order to gain access to copyrighted music on the computers of other network members, you pay a fee to join a file-sharing network that isnt authorized to distribute or make copies of copyrighted music. Then you download unauthorized copies of all the music you want o You transfer copyrighted music using an instant messenging service o You have a computer with a CD burner, which you use to burn copies of music you have downloaded onto writable CDs for all of your friends o Somebody you dont even know e-mails you a copy of a copyrighted song and then you turn around and e-mail copies to all of your friends
Some of the measures currently adopted o fight piracy:Service providers especially use a model for allowing customers to download songs to their mobile phones: 1. Advertisement revenue sharing model: Google has a tie-up with music producers where songs can be downloaded free and advertisement revenue generated is shared by the producers and google. 2. Package deal:
Nokia mobile comes with a package where users can download songs (unlimited) for a particular period from the nokia music store 3. Streaming: Myspace offers services like creating playlists and listening to music online. It is a joint venture by well known music labels 4. Customized models: There are also services like spotifywhich give free music with advertisements and in case user is willing to pay, premium membership is given where there are no advertisements. 5. Other measures: Legal enforcement with hard punishments for the guilty Increasing awareness; and educating school children on ethically correct practices Self help booths which are Bluetooth enabled to transfer songs at a price (like vending machines) Mobile apps that have to be paid for;however pricing should be nominal Realistic pricing and superior quality of music CDs and albums
Conclusion References:
Burgunder, Lee B. 2002. "Reflections on Napster: The Ninth Circuit Takes a Walk on the Wild Side."American Business Law Journal 39 (summer): 683707.
http://sharepress.org/calcutta-high-court-orders-for-blocking-104-indian-illegal-musicsharing-sites.html http://www.bbc.com/news/technology-19572817 http://www.riaa.com/physicalpiracy.php?content_selector=piracy_online_the_law The Copyright Act, 1957