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CyberLaw_GpAssign

CyberLaw_GpAssign

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Published by Shweta Shukla

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Published by: Shweta Shukla on Nov 21, 2012
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05/26/2014

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Legality of Music Sharing onInternet
(In Light of Copyright Act)
 
Cyber Law Assignment # 2
Submitted By-ShwetaShukla (2011A25)Aparna P (2011A46)Anubha Bhargava (2011B21)AkashSinghal (2011B43)NeelimaAravind (2011D
 
2012
 
IntroductionRelevant sections of The Copyright Act, 1957:
 
Copyright
is the right given by law to the creators of literary, dramatic, musical and avariety of other works of mind. It ordinarily means the creator alone has the right tomake copies of his or her works or alternatively, prevents all others from making suchcopies. The basic idea behind such protection is the premise that innovations requireincentives. Copyright recognises this need and gives it a legal sanction.
 
According to the
section 2 (p),
"
musical work
" means any combination of melodyand harmony or either of them, printed, reduced to writing or otherwise graphicallyproduced or reproduced.
 
A copyright is automatically given to authors when they create an original work,though the author can also apply for a Certificate of Copyright through the CopyrightOffice.
 
According to
Section 14 (a)
of the Act,
the copyright holder has the exclusive right
 (i) to reproduce the work in any material form(ii) to publish the work;(iii)to perform the work in public;(iv) to produce, reproduce, perform or publish any translation of the work ;(v) to make any cinematograph film or a record in respect of the work ;(vi) to communicate the work by radio broadcast or to communicate to thepublic by a loud-speaker or any other similar instrument the broadcast of thework;(vii) to make any adaptation of the work;(viii)to do in relation to a translation or an adaptation of the work any of theacts specified in relation to the work in clauses (i) to (vi) ;
 
Exemption:Section 52
(Certain acts not to be infringement of copyright):
Most copyright laws have a “fair use” clause, which means that works can be used withoutthe author‟s express permission in certain situations. Indian law states that these include “t
hepurpose of research or private study, criticism or review, reporting current events, inconnection with judicial proceeding, performance by an amateur club or society if theperformance is given to a non paying audience, and the making of sound recordings of 
literary, dramatic or musical works under certain conditions.”
 
 
 
Enforcement:Section 63
: Copyright infringement is a criminal offense in India. The minimum penalty forknowingly infringing upon a copyright is six months in jail which may extend to up to 3years and a fine of 50,000 rupees, which may extend up to 2 lakh rupees. Provided that thecourt may, for adequate and special reasons to be mentioned in the judgment, impose asentence of imprisonment for a term of less than six months or a fine of less than fiftythousand.
The Copyright (Amendment) Bill, 2012:
The Copyright (Amendment) Bill 2012 has been passed by both Houses of Parliament, andwill become law as soon as the President gives her assent and it is published in the Gazette of India. According to this:
 
No alterations are allowed from the original song, and alteration is qualified as
„alteration in the literary or musical work‟. So no imaginative covers in which the
lyrics are changed or in which the music is reworked are allowed without the
copyright owners‟ permission. Only note
-for-note and word-for-word covers areallowed.
 
 
Music and movie companies have rights to place digital locks, and under some limitedcircumstances users have the right to break them. But if the locks are difficult tobreak, the users have no choice but to live with the lock, despite having a legal right.
 
Copyright Infringement Cases
 
 
Napster Case
 – 
 
“Napster” was an online music trading website which came into
existence around early 1999 by Shawn Fanning. It was created for the sole reason of difficulty in finding necessary MP3 files in those days. It included three functions -search engine, file sharing (the ability to trade MP3 files directly, without having touse a centralized server for storage), and an Internet Relay Chat (IRC), which was ameans of finding and chatting with other MP3 users while online. Later it becamequite popular among college students with access to high-speed internet connections.However in April 2000, the heavy metal rock group Metallica sued Napster forcopyright infringement. Metallica also included several universities in their suitclaiming that they v
iolated Metallica‟s music copyrights by allowing their students to

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