COPYRIGHT PIRACY IN ENTERTAINMENT INDUSTRY:

A STUDY WITH SPECIAL REFERENCE TO JUDICIAL

APPROACH.

A Dissertation
Submitted to
Shoolini University
In partial fulfilment of the degree
of Master of Laws (LL.M)

Supervisor: Submitted by
Prof. (Dr.) Nandan Sharma Harshita Pandey
Professor-cum- Associate LL.M (Business Law)
Dean Faculty of Legal Science Enrolment No.: PGD20226948
Shoolini University

FACULTY OF LEGAL SCIENCE

SHOOLINI UNIVERSITY OF BIOTECHNOLOGY AND MANAGEMENT
SCIENCES, SOLAN, H.P.

AUGUST 2023

i
 CERTIFICATE

This is to certify that the Dissertation entitled "Copyright piracy in entertainment industry: a
study with special reference to judicial approach” submitted in partial fulfilment for the
award of the degree of Master of Laws to Shoolini University of Biotechnology and
Management Sciences, Solan (HP) is an original research work carried out by Harshita
Pandey (Registration No. PGD20226948) under my guidance and supervision. No part of this
Dissertation has been submitted for any other degree or diploma to this or any other
university

The assistance and help received during the course of investigation has been duly
acknowledged.

(Name and Signature of Major Research Guide)

Prof (Dr.) Nandan Sharma
Professor-cum-Associate Dean.

Faculty of Legal Science

Shoolini University

Place: Solan, Himachal Pradesh

Date:

i
 DECLARATION BY THE CANDIDATE

I hereby declare that the dissertation titled "Copyright piracy in entertainment industry: a
study with special reference to judicial approach” submitted in partial fulfilment for the
award of degree of Master of Law to Faculty of Legal Science, Shoolini University of
Biotechnology and Management Sciences, Solan (H.P.) This is an original research work
carried out by me under the guidance and supervision of Professor (Dr.) Nandan Sharma.

Name and Signature of Candidate

Harshita Pandey
LLM (Business Law)
Enrolment No. PGD20226948
Faculty of Legal Science
Shoolini University

i
 ACKNOWLEDGEMENT

I am immensely grateful and humbled as I present this dissertation titled "Copyright piracy in
entertainment industry: a study with special reference to judicial approach”. This research
endeavor would not have been possible without the invaluable support, guidance, and
encouragement from the following individuals.

First and foremost, I would like to thank my supervisor, Prof (Dr.) Nandan Sharma
Professor-cum-Associate Dean, School of Legal Sciences, Shoolini University for
providing me an opportunity to work on this dissertation under his guidance. He has provided
valuable time and resources during different phases of this dissertation. He has also provided
me an utter motivation and constructive feedback in shaping the direction and focus of this
dissertation. I am also grateful to my friends and colleagues for their encouragement, support,
and stimulating discussion. Finally, this dissertation would not have been possible without the
confidence, endurance, and support of my family. My family has always been a source of
inspiration and encouragement. Their unwavering belief in my albitites and endless
encouragement has been my source of strength, pushing me to overcome challenges and
pursue excellence.

Above all, thank you Almighty god, for being my guiding light and source of inspiration
throughout this journey.

Harshita Pandey.

i
 LIST OF ABBERIVATION

ICC International Copyright Conventions.

DRM Digital rights management.
UCC Universal Copyright Convention.
R.C Rome Convention.
WCT Copyright Treaty.
WPPT Performances and Phonographs Treat.
APCPEC Acton Promotion Creation Protection exploitation
Contents.
JFTC Japan trade fair commission.
AA Antimonopoly Act.
US United State.
Copr Copyright.
T.A Television act.
M.A Media law.
TS Trade secret.
I.D Industrial design.
P.V Plant Varieties.
DMCA Digital Millennium Copyright Act.
BC before Christ.
AD anno domini..
VCRs videocassette recorders
A.W Artistic Works.
G.S Global Standardization.
B.C Berne convention.
P.C Paris convention.

v
 LIST OF CASE
Phonographic Performance ... vs Cri Events
Private Limited & Ors
Eastern Book Company & Ors vs D.B.
Modak & Anr
Music Broadcast Private Limited vs 956
And Having Its Registered
Yash Raj Films Pvt Ltd vs Sri Sai Ganesh
Production & Ors
Shivaji Rao Gaikwand v. Varsha Production
Music Broadcast Pvt. Ltd. Vs. Indian
Performing Rights Society (IPRS)
Sulamangalam R. Jayalakshmi v. Meta
Musicals
Ladbroke vs William Hill
United States v. RICHARD J Smith,
America ’ s,1820.
Khajanchi Film Exchange v. State of MP
CHERIYAN P Joseph v. K. Prabhakaran
Nair
ZEE TELE FILMS V.
SUNDIAL
COMMUNICATION PVT Ltd.
R.G. Anand v. M/s Deluxe Films (1978)
(R.G. Anand v. M/s Deluxe Films
Limited & Anr. Vs. Mr. Ajay Kumar & Ors.
Steven Baker v. Selden s v. Gladding
Yoshimoto Kogyo KK
v
28 July, 2011, IN THE HIGH COURT OF
DELHI AT NEW DELHI.
12 December,2007 In the Supreme Court of
India,(2008) 1 SCC 1
25 July, 2011 ,BOMBAY
8,JULY 2019 DELHI HIGH COURT.
madras H.C, 1 April, 2015
July 25, 2011, [(1977) 2 SCC 820
Chennai (2000
27 June 1962, [1964] UKHL J0121-1,court
house of lord.
Most Important Piracy Case, 1 Penn. St. J.L.
& Int'l Aff. 320 (2012).
24 April, AIR 2002 MP 181, 2002 (3)
MPHT 97
14 oct 1966 H.C Of kerala
27 March, 2003, 2003 (5) BomCR 404,
2003 (3) MhLj 695, 2003 (27) PTC 457
Bom.
AIR 1978 SC 1613, 1978 AIR 1613, 1979
SCR (1) 218.
2 December, 2022
1856
March 10, 1945
 MacMillan and Co Ltd v Cooper,
Hawkes & sons ,ltd.v. paramount films
service.
Wheaton v. peters.
Folsom v. Marsh.
Stowe v. Thomas.
S. Rangarajan Etc vs P. Jagjivan Ram
M/S A. A. Associates vs Prem Goel And
Ors
v
14 December, 1923 Equivalent citations
(1924) 26 BOMLR 292
1934] 1 Ch 593
1834, U.S. 5918 Pet. 591; 8 L. Ed. 1055.
1841
1853
30 March, 1989
E.c 1989 SCR (2) 204, 1989 SCC (2) 574
6 September, 2001
E.c AIR 2002 Delhi 142
 TABLE OF CONTENT

Sr No TITLE Pg.no

Certificate ii.
Declaration by the candidate iii.
Acknowledgement iv.
List of abbreviation v.
List of cases vi-vii.
Table of content viii-x.

1 CHAPTER 1: INTRODUCTION 1-15

1.1 INTELLECTUAL PROPERTY RIGHT 1-2
1.2 Concept Of Nature Of IPR 2
1.2.1 The nature of IPR. 2-3
1.3 Intellectual Property Rights (IPR) and types. 3-5
1.4 Copyright 5-6
1.5 Copyright Piracy in Entertainment Industry 6-8
1.6 Research mythology 8
1.7 Literature review 9
1.8 Research Approach 10-14
2 CHAPTER 2 HISTORICAL BACKGROUND OF COPYRIGHT IN 15-26
ENTERTAINMENT INDUSTRY
2.1 Ancient history of copyright 16-17
2.2 History of Copyright and Piracy. 16-19
2.3 Golden Age Piracy 19-23
2.4 Copyright History of United State 23-26
3 CHAPTER -3 27-43
THE ROLE OF INTERNATIONAL COPYRIGHT FRAME WORK.
3.1 Berne convention. 28-29
Principles of the Berne Convention 29
3.1.2 History and Origin. 30
3.1.3 Impact and Membership. 30
3.1.4 Continued Relevance. 31-35

v
3.2. Universal Copyright Convention. 35
3.3 Convention 35-37
Rome Convention (1961)
Paris convention
3.4 WIPO Copyright Treaty (WCT). 37
3.5 WIPO Performances and Phonographs Treaty (WPPT). 37
3.6 The Agreement on Trade Related Aspects of Intellectual Property 38-39
Rights
3.7 Regional Agreement. 40-41
3.8 Overview study on copyright piracy in India, United state and Japan 41-43
4 CHAPTER – 4 44
COMPARATIVE STUDY

4.1 INTRODUCTION OF JAPAN 44

4. 2 4.2.2 Fundamental Legislation 45-46

4.2.3 Japan entertainment law 46-47
4.2.4 Digital Content. 47-48
4.2.5 CONTRACTUAL DISPUTE. 48-49
4.2.6 The bill to amend the copyright Act could be submitted at the 49-51
2023 session of the diet.
4.2.7 Derivative work 51-52
4.2.8 Authorship of Cinema graphic. 52-53

4.3 4.3.1 Introduction of United State Copyright Law 53-80

4.3.2 Limitation of Copyright. 54
4.3.3 Copyright Registration 54-55
4.3.4 Deposit Notice 55
4.3.5 Copyright Notice 56
4.4 4.4.1 Berne Convention. 56-57

i
 4.4.2 Remedies Of Copyright Law In US. 58-60
4.4.3 ENTERTAINMENT LAW IN UNITED STATE. 60-61
4.4.4 Entertainment law, Overview and Information 61-62
4.4.5 Copyright and the entertainment industry law in India 63-66
4.4.6 Interpretation of Copyright Infringement By Indian Court 66-67

4.5 4.5.1 Piracy in India. 68

4.5.2 Offenses and Penalties 69-73
4.5.3 Legislation Cinematography act 1952 73-74
4.5.4 Analyzed study of copyright in entertainment Between 74-76
United state, India and Japan
4.5.5 Copyright Law in Japan. 76-77
4.5.6 Copyright Law in USA. 77-78
4.6 4.6.1 Copyright Law in India. 78-79
4.6.2 1957 Copyright Act. 79-80
5 CHAPTER 5 81-87
COMPARATIVE ANALYSIS WITH INDIA, US AND JAPAN Case
law
6. CHAPTER -6 88-89
Conclusion
6. 1 Here are some suggestions to address piracy in the media and 89-91
entertainment industry
Bibliography 92-99

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 CHAPTER-1

INTRODUCTION

1.1 INTELLECTUAL PROPERTY RIGHT

IPR, or Intellectual Property Rights, are legal rights granted to individuals or entities
for the protection of their intellectual creations or innovations. Intellectual property
refers to intangible assets that are the result of human intellect and creativity. These
assets can include inventions, artistic works, brand names, designs, and trade secrets.

The introduction of IPR stems from the need to incentive and protect innovation,
creativity, and investment in intellectual endeavor's. It recognizes that individuals or
organizations should have exclusive rights over their intellectual creations to
encourage them to continue producing valuable contributions to society. By granting
these exclusive rights, IPR aims to strike a balance between the interests of the
creators and the public.

Ipr serves several purposes. Firstly, it provides legal protection to creators, allowing
them to control and profit from their creations for a specific period. This incentives
innovation and rewards creators for their efforts, ensuring they have the opportunity
to benefit economically from their intellectual property. (WIPO, n.d.)1

Second, IPR fosters fair competition by preventing unauthorized use or copying of

intellectual property by others. This protection encourages businesses to invest in
research and development, knowing that their innovations will be safeguarded and not
exploited by competitors.

Moreover, IPR plays a crucial role in safeguarding consumers' interests. By protecting

trademarks and copyrights, it helps consumers identify genuine products or services
and ensures they are not misled or deceived by counterfeit or inferior imitations.

Furthermore, IPR contributes to economic growth and technological advancement. By

providing legal certainty and incentives, it encourages investment in innovation,

1
(WIPO, n.d.) the opportunity to benefit economically from their intellectual property WIPO,
Available at https://www.wipo.int/about-ip/en/ visited on 06-05-23)

1
 research, and development. This, in turn, leads to the creation of new industries, job
opportunities, and the advancement of society as a whole.

Overall, the introduction of IPR recognizes the value of intellectual creations and
seeks to provide a legal framework that protects and incentives innovation, creativity,
and investment. By granting exclusive rights, IPR fosters a conducive environment
for economic growth, fair competition, and the promotion of cultural and
technological progress.

1.2 Concept of Nature of IPR.

Intellectual Property Rights (IPR) refer to legal rights granted to individuals or entities
for the protection of their creations or innovations. IPR is a term used to describe a
bundle of exclusive rights that are given to the creators or owners of intellectual
property, which includes inventions, creative works, brand names, designs, and trade
secrets. The concept and nature of IPR revolve around the idea of providing
incentives for innovation, creativity, and investment in intellectual endeavours.

The primary purpose of IPR is to encourage and reward creators and innovators by
granting them exclusive rights over their creations or inventions. These rights enable
the creators to control and profit from their intellectual property for a certain period,
promoting economic growth, technological advancement, and cultural development.
IPR also plays a crucial role in fostering fair competition, protecting consumers, and
maintaining a balance between the interests of creators and the public.

1.2.1 The nature of IPR can be understood through its different forms.

 Patents: Patents protect inventions or discoveries, providing exclusive rights to the

inventor for a limited period. Patents encourage inventors to disclose their inventions
while giving them the right to prevent others from using, making, or selling their
patented inventions without permission.

 Copyrights: Copyrights protect original creative works, such as literature, music,

films, art, and software. Copyright grants exclusive rights to the creators or authors,
allowing

2
 them to control the reproduction, distribution, public performance, or adaptation of
their works.

 Trademarks: Trademarks protect brand names, logos, symbols, or any distinctive

signs that identify and distinguish goods or services in the marketplace. Trademark
rights prevent others from using similar marks that may cause confusion among
consumers.

 Industrial Designs: Industrial designs protect the visual appearance of a product,

including its shape, configuration, pattern, or ornamentation. Industrial design rights
ensure that the unique visual aspects of a product are not copied or imitated by others.

 Trade Secrets: Trade secrets refer to confidential business information that provides a
competitive advantage. Trade secret protection ensures that valuable proprietary
information, such as formulas, manufacturing processes, customer lists, or business
strategies, remains confidential and not disclosed to competitors.

 The concept of IPR is based on the recognition that intellectual property is a valuable
asset that deserves legal protection. It encourages innovation, creativity, and
investment in various fields while striking a balance between the rights of creators and
the public interest.

1.3 Intellectual Property Rights (IPR) and types.

Legal rights granted to individuals or entities for the protection of their intellectual
creations or innovations. These rights are designed to provide exclusive control and
legal recognition to the creators or owners of intellectual property. Intellectual
property refers to intangible assets resulting from human intellect and creativity
(myneni)2.

The main types of Intellectual Property Rights include3:

3
2
(myneni),Book law of copyright, Intellectual Property Rights (IPR) and types.
3
PipersIntellctualProperty Available at
https://www.piperpat.com/page/intellectual-property Visited on 01-04-23

4
 Patents: Patents protect inventions or discoveries, granting exclusive rights to the
inventor for a limited period. They prevent others from using, making, selling, or
importing the patented invention without permission.

Copyrights: Copyrights protect original works of authorship, such as literature, music,

art, films, and software. They provide creators with exclusive rights to reproduce,
distribute, display, perform, or create derivative works based on their original
creations. (THE OPEN UNIVERSITY, n.d.)4

Trademarks: Trademarks protect brand names, logos, symbols, or any distinctive

signs used to identify and distinguish goods or services in the marketplace. They
provide exclusive rights to the owner and prevent others from using similar marks that
may cause confusion among consumers. (supra note 2)5

Industrial Designs Industrial designs protect the visual appearance or aesthetic aspects
of a product. They cover features such as shape, configuration, pattern, or
ornamentation, and aim to prevent unauthorized copying or imitation of the design.

Trade Secrets trade secrets refer to confidential and valuable business information that
provides a competitive advantage. They can include formulas, manufacturing
processes, customer lists, marketing strategies, or any other non-public information
that is kept confidential within a business.

Geographical Indications (GI)Geographical indications protect goods that have

specific geographical origin and possess qualities, reputation, or characteristics
attributable to that origin. They prevent others from using the geographical indication
to market similar goods that do not meet the required standards.

4
(THE OPEN UNIVERSITY, n.d.)Available at.
https://openlearnlive-s3bucket.s3.eu-west-
2. amazonaws.com/3c/62/3c62788b6277cd26df6ef5adfda7579b1fe86fc9?response-content- disposition=inline
%3B%20filename%3D%22Session%206%20WIPO%20What%20is%20intellectual%20property
%20booklet.pdf%22&response-content-type=application%2Fpdf&X-Amz-Content-Sha256=UNSIGNED-
PAYLOAD&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-
Credential=AKIA4GIOSMQ5JGMSLFXY%2F20230820%2Feu-west-2%2Fs3%2Faws4_request&X-Amz-
Date=20230820T062828Z&X-Amz-SignedHeaders=host&X-Amz-Expires=21572&X-Amz-
Signature=8d16787ff802a806aa615322412841ef607a8120392c41c6574a55fbe710b2e6 Trade secrets refer to
confidential and valuable business information that provides a competitive advantage visited on 05-05-23
5
(supra note 2)

5
 Plant Varieties: Plant variety rights protect new plant varieties that are distinct,
uniform, stable, and novel. They grant exclusive rights to the breeder, allowing them
to control the propagation, sale, or distribution of the protected plant variety.

These different types of IPR aim to encourage innovation, creativity, and investment
in various fields by providing legal protection and exclusive rights to creators or
inventors. They balance the interests of the rights holders with the public interest,
promoting economic growth, technological advancement, and cultural development.

1.4 Copyright

Copyright is a form of intellectual property right that grants exclusive legal rights to
the creators or authors of original works. It provides protection for various forms of
creative expression, including literary works, music, artistic works, films, computer
software, and other original creations.

The core concept of copyright is to grant creators the exclusive rights to control how
their works are used and distributed. These rights typically include:

 Reproduction: Copyright gives the creator the exclusive right to reproduce or make
copies of their work. This means that others cannot reproduce the work without the
creator's permission.
 Distribution: Copyright grants the creator the exclusive right to distribute copies of
their work to the public. It allows the creator to control how the work is made
available, such as through sales, licensing, or other distribution channels.
 Public Performance: Copyright provides the creator with the exclusive right to
publicly perform their work. This includes live performances, broadcasting, or
streaming the work to the public.
 Adaptation: Copyright gives the creator the exclusive right to create derivative works
or adaptations based on their original work. This means that others cannot create new
works based on the original without the creator's permission.
 Display: Copyright grants the creator the exclusive right to publicly display their
work. This applies to visual arts, such as paintings, sculptures, photographs, and other
visual representations.

6
 Copyright protection is automatic and arises as soon as the work is created and fixed
in a tangible form, such as writing it down, recording it, or saving it on a computer.
However, in many countries, it is recommended to register copyright with a relevant
copyright office to have stronger legal protection and the ability to enforce rights
through legal action.

The purpose of copyright is to encourage and reward creators for their creative efforts.
It provides them with control over their works, enabling them to monetize their
creations and prevent unauthorized use or copying. By granting these exclusive rights,
copyright encourages creativity, fosters cultural development, and promotes a vibrant
and diverse range of artistic and intellectual works. (COPYRIGHT.GOV.US
COPYRIGHT OFFICE, n.d.)6

1.5 Copyright Piracy In Entertainment Industry.

Copyright infringement that takes place online is referred to as 7

"digital piracy."
Unexpectedly, the term "piracy" has been used in this sense for a longer period of
time. As a point of reference, the phrase first used in 1603 to describe those who
broke a rule.The Stationers' Company of London received a royal charter in 1557
(Primary Sources on Copyright (1450-1900), 2008)8

Copyright plays a crucial role in the entertainment industry as it protects the rights of
creators and encourages the production and distribution of creative works. In the
entertainment industry, copyright applies to various forms of creative expression,
including music, films, television shows, literary works, artwork, photographs, and
more. Here are some key aspects of copyright in the entertainment industry:

6
(COPYRIGHT.GOV.US COPYRIGHT OFFICE, n.d.)Available at.
https://www.copyright.gov/ visited on 26-06-23. United States Code, including all amendments
enacted by Congress through December 23, 2022.

7
https://www.copyright.gov/what-is-copyright/ visited on 08-05-2023
8
(Primary Sources on Copyright (1450-1900), 2008) Deazley, R. (2008) ‘Commentary on the Stationers' Royal
Charter 1557', in Primary Sources on Copyright (1450-1900), eds L. Bently & M. Kretschmer, available at
https://www.copyrighthistory.org/cam/commentary/uk_1557/uk_1557_com_972007121517.html visited on
26-06-23.

7
  Music: Copyright protects musical compositions, lyrics, and sound recordings. It
gives the creators exclusive rights to reproduce, distribute, perform, and create
derivative works based on their music. This includes licensing music for use in films,
commercials, streaming services, or public performances.

 Films and Television Shows Copyright protects original scripts, screenplays, and
audio- visual works, such as films, TV series, and documentaries. It grants the
creators exclusive rights to reproduce, distribute, publicly display, and perform their
works. Copyright is essential for the financing, production, distribution, and licensing
of films and television shows.

 Literary Works: Copyright protects written works, including novels, poems, plays,
and scripts. It gives authors exclusive rights to publish, reproduce, and distribute their
literary creations. Copyright is crucial for authors, playwrights, and screenwriters in
the entertainment industry.

 Artwork and Photography Copyright protects original visual artworks, including

paintings, sculptures, photographs, and digital art. It grants artists exclusive rights to
reproduce, display, and distribute their creations. Copyright is essential for artists,
photographers, and graphic designers in the entertainment industry (Artisticworks,
n.d.)9.

 Performances and Live Events Copyright protects live performances, including

concerts, theatrical performances, and dance performances. It gives performers and
artists exclusive rights to control the recording, broadcasting, and distribution of their
live performances. Copyright is important for artists, musicians, actors, and
performers in the entertainment industry.

9
(Artisticworks, n.d.) ou can use an artistic work for certain purposes such as educational use, available at
https://copyright.unimelb.edu.au/shared/types-of-copyright-material/artistic-works
Visited on 06-07-23

8
 Copyright enforcement in the entertainment industry involves licensing agreements,
royalty payments, and legal actions against infringement. Copyright owners often
enter into licensing deals with distributors, streaming platforms, broadcasters, and
other entities to monetize their works and ensure proper compensation for their
creative efforts. copyright protection in the entertainment industry safeguards the
rights of creators, stimulates creativity and innovation, and provides a framework for
licensing, distribution, and monetization of creative works. It helps maintain a balance
between the interests of copyright holders and the public's access to and enjoyment of
creative content.

1.6 Research methodology

This research aims to conduct a comparative study on copyright piracy in the

entertainment industry to analyse its impact across different sectors and regions. The
research will employ a mixed-methods approach, combining qualitative and
quantitative data collection methods to gain comprehensive insights into the
motivations, prevalence, and implications of copyright piracy. By examining various
entertainment sectors, this study seeks to contribute to the existing body of knowledge
and provide valuable recommendations for stakeholders in the fight against piracy.
This project will examine the reasons of media piracy, explain the ways being
employed to stop it or adapt to it, weigh them against each other's benefits and
drawbacks, and suggest better solutions when they are possible. Transcribe and code
interview data for themes and patterns using qualitative analysis software. Develop a
narrative that captures the qualitative insights, providing context and meaning to the
themes.

9
1.7 Literature review

A literature review on copyright piracy in the entertainment industry would involve

examining various academic sources, research articles, and publications that discuss
the phenomenon of copyright infringement in the context of movies, music, TV
shows, and other forms of entertainment. Here's an overview of the key points and
topics that you might consider including in. Define copyright piracy and its
significance in the entertainment sector. Highlight the impact of piracy on the
industry, including economic losses, creative disincentives, and legal implications and
according to historical evolution of copyright Piracy Trace the historical development
of copyright infringement in the entertainment industry. Discuss how advancements
in technology have facilitated the spread of pirated content. There are different ways
Forms of Copyright Piracy .Differentiate between physical piracyand digital piracy
(online streaming, file sharing, tormenting).economic Impact and Losses. Present
statistics and studies that quantify the financial losses suffered by the entertainment
industry due to piracy. Examine the ways in which piracy affects revenue streams,
including box office earnings, music sales, and subscription models. How effect on
creativity and innovation Explore how copyright piracy might discourage creators
from producing high-quality content due to financial uncertainty. Discuss the
potential impact on investment in new and original projects. There consumer
behaviour and motivation. Analyse the factors that drive consumers to engage in
piracy, such as cost, availability, convenience, and regional restrictions. Examine
studies that delve into the psychology behind piracy and its implications for content
consumption. Legal and ethical consideration. Review the legal framework
surrounding copyright infringement, including relevant laws like the Digital
Millennium Copyright Act and international treaties. Discuss ethical debates related
to piracy, considering arguments for and against it. Anti-Piracy Measures and
Strategies. Assess the effectiveness of various anti-piracy initiatives undertaken by the
entertainment industry, including legal actions, technological solutions, and public
awareness campaigns. Global Perspectives and Cross-Cultural Differences. Explore
variations in copyright enforcement and attitudes toward piracy across different
countries and regions. the challenges posed by cross-border piracy and the need for
international cooperation. Emerging Trends and Future Outlook. Predict potential
future developments in copyright piracy, considering evolving technologies, legal

1
 changes, and industry adaptations. potential strategies to mitigate piracy's impact in
the long term.

1.8 Research Approach.

Quantitative Approach John W. Creswell cover various types approach to research.

Secondary Data Analysis Collect historical sales and revenue data for movies, music
albums, or TV shows and compare them with piracy rates.
Surveys: Design a survey to gather quantitative data from consumers regarding their
piracy habits, reasons, and preferences. Online Interviews Conduct interviews with
industry experts, content creators, consumers, and individuals engaged in piracy to
gain deeper insights into their experiences and perspectives.
Content Analysis: Analyze online discussions, forums, and social media posts related
to piracy to understand public perceptions and attitudes. The study will adopt a
comparative research approach to analyse copyright piracy in different entertainment
sectors and regions. A mixed-methods design will be employed to ensure a
comprehensive investigation.

Hypothesis

1. The copyright is complex and multi-faceted and there is different perspective on it

implication and effectiveness.
2. The piracy in media and entertainment industry is largely impacted by copyright as it
is necessary to protect and prevent the original work. The creator has to face many
challenges ad issue.

Research object

To identify the reason of piracy entertainment industry.

How entertainment industries get affected by copyright and piracy.

Stopping piracy in the entertainment industry is a complex challenge that requires a

multi-faceted approach involving various stakeholders, including content creators,
distributors, governments, and consumers. Here are some strategies that can be
employed to combat piracy.

1
 To identify the reason of piracy entertainment industry

Digital piracy in the entertainment industry can be attributed to several reasons,

including.
 High Cost One of the main reasons for piracy is the high cost of legally acquiring
entertainment content. Movies, music albums, video games, and other forms of
entertainment can be expensive, especially in regions with lower average incomes. As
a result, some people resort to piracy as a more affordable option.
 Inaccessibility Piracy often fills the gap where legal distribution methods are not
readily available. In certain regions or countries, legitimate streaming services, online
stores, or cinema releases may be limited or delayed. This lack of access can drive
consumers to seek content through illegal means.
 Geographical Restrictions Content licensing agreements and regional restrictions can
prevent users in one country from accessing specific content available in another
country. This creates frustration among consumers, leading them to turn to piracy to
access content they are unable to obtain legally.

 Ease of Piracy Technological advancements and the widespread availability of file-

sharing platforms make it relatively easy for individuals to engage in piracy. Peer-to-
peer networks, streaming sites, and cyber-lockers provide convenient avenues for
illegal content distribution.
 No Consequences Perceived Some individuals engage in piracy because they believe
there is a low risk of getting caught or facing legal consequences. Lack of strict
enforcement or lenient copyright laws in certain jurisdictions can contribute to this
perception.

 Unavailability of Old or Niche Content Older or niche content may not be actively
distributed by copyright holders, leaving fans with no legal means of obtaining it. In
such cases, piracy becomes the only option for accessing the desired content.

 Cultural Differences Different cultures may have varying views on copyright and
intellectual property. In some regions, there might be a more relaxed attitude toward
piracy, viewing it as a form of sharing rather than theft.

1
 Early Releases and Leaks, Exclusive early releases, leaks, or pre-releases of content
can drive piracy, as consumers seek to access content before official distribution.

 Convenience and Timeliness Piracy often provides immediate access to content

without waiting for official releases or adhering to DRM restrictions, making it more
convenient for some users.

 Efforts to combat piracy involve a combination of legal actions, education, making

legal content more accessible and affordable, and fostering a cultural shift towards
respecting intellectual property rights. However, addressing piracy remains a complex
and ongoing challenge for the entertainment industry.

The notion of "piracy" and copyrights for music and films are frequently dismissed,
although it is a crime with consequences. Copyright violations cost the entertainment
sector billions of dollars annually, endangering careers and employment.

2. HOW ENTERTAINMENT INDUSTRY GET AFFECTED BY PIRARCY.

The entertainment sector is significantly impacted by piracy, which has a negative

influence on many sectors of the industry. Here are some ways that piracy has an
impact on the entertainment sector:

Loss of revenue Piracy causes the entertainment sector to lose a lot of money.
information producers and distributors lose out on potential sales and royalties when
customers access copyrighted information illegally rather than buying or licencing it
lawfully.

Decreased Investments: Piracy's financial loss might discourage investors and content
producers from funding new ventures. Less funding may be allotted for the creation of
new motion pictures, music albums, video games, or television series as a result of
decreased profitability.
Employment Losses Many individuals are employed by the entertainment business,
including actresses, musicians, specialists, and helpers. The industry as a whole may
experience job losses and unemployment due to revenue losses caused by piracy.

1
 An Inhibitor of Creativity It takes a lot of work, time, and money to create content.
Piracy might discourage artists since they could not be fairly compensated for their
work, which lessens the desire to engage in new creative endeavours.
Effect on Distribution Routes Traditional distribution methods and business models
are disrupted by piracy. Legitimate distribution outlets like theatres, streaming
services, and music stores may see a decline in sales as more customers resort to
illegitimate sources.
Danger to Up-and-Coming Artists Small content producers and budding artists who
depend on sales and royalties to support their careers can be severely harmed by
piracy. The absence of income might
Make it challenging for them to keep putting forth material.

Lawsuits for Copyright Infringement In order to stop pirate activities, content

producers and copyright holders may need to file lawsuits, which will increase their
legal costs and need more resources.

Quality Issues The income loss brought on by piracy may result in production budget
restrictions, lowering the overall quality of the material. It could be necessary for
creators to economise and lower the quality of their work.

Unfair Competition Because pirated content may be obtained for nothing or for a very
cheap price, it unfairly competes with authentic content. This creates an unfair
playing field and disadvantages legal distributors.

Erosion of Trust Piracy erodes consumer and content producer trust.

Stopping piracy in the entertainment industry is a complex challenge that requires a

multi-faceted approach involving various stakeholders, including content creators,
distributors, governments, and consumers. Here are some strategies that can be
employed to combat piracy.

Strict Copyright Law Enforcement To stop piracy, governments should impose strict
and effective copyright laws. This can entail levying fines and penalties on people and
companies who violate copyright.

 Cooperation across borders: Piracy is frequently a global problem. Tracking down

and bringing criminal charges against international pirate activities is made easier by
international cooperation and agreements.

1
 Digital Rights Management (DRM) To prevent unauthorised access and distribution
of their content, content producers and distributors can employ DRM technology.
Despite its limitations, DRM can serve as a barrier to casual piracy.
 By providing economical and easy access to legitimate content, one may lessen the
incentive for pirate. Offer trustworthy platforms with user-friendly interfaces for
purchasing, downloading, and streaming content.
 Raising awareness of the damaging effects of piracy on content producers and the
entertainment sector through educational campaigns. Inform customers of the value of
adhering to copyright regulations and paying for artists' work.
 Investigate fresh, cutting-edge company ideas that can adjust to shifting consumer
tastes. Customers can be lured away from piracy, for instance, by providing
subscription-based services with a large library of material. Taking on Piracy at the
Source Seize control of large-scale pirate networks and websites that support illicit
trade. Such sites' closure or access restrictions can have a big influence on piracy.

Implementing watermarking techniques in digital content can assist in tracing the

origin of piracy and supporting legal proceedings against copyright violators.

Consumer Engagement Promote a good relationship with customers by

communicating with them on social media and through other means. It might be
easier to provide services that are suited to their demands if you are aware of their
preferences and worries.

Promoting fair use entails educating consumers on the idea of fair use and the need of
upholding copyright while also allowing for the appropriate use of protected works
for certain purposes. Creating supportive policies: By creating regulations that
safeguard intellectual property rights, advance legal alternatives, and assist the
creative industry, governments may help the entertainment business.

It is crucial to remember that there is no one, effective way to combat piracy.

Combining legal, technological, educational, and commercial tactics is necessary to
combat piracy. In the ongoing fight against piracy, constant adaptation to changing
technology developments and consumer behaviour is also crucial.

1
 CHAPTER 2

HISTORICAL BACKGROUND OF COPYRIGHT IN ENTERTAINMENT

INDUSTRY

2.1 Ancient history of copyright

In the 17th century, when the Stationers' Company of London, among other
publishers, admitted a Royal Charter allowing them a printing monopoly, the idea of
logo first surfaced in Great Britain.
The Licencing Act of 1662, which created a record of licenced books for the
Stationers' Company to manage, served as proof of this. still, it wasn't exactly brand
as it's understood moment because the publishers, not the litterateurs, had the right,
and it only applied to publications accepted and published by the Company
The so- called Statute of Anne entered royal assent latterly, in 1710. By assigning the
author control of the brand for a predetermined period of 14 bits, this created the
beginning base of contemporary hallmark. In the 17th century, when the Stationers'
Company of London, among other publishers, admitted a Royal Charter allowing
them a printing monopoly, the idea of collective mark first surfaced in Great-Britain.
Prior to the invention of the Gutenberg machine (printing press), national authorities
granted printers and publishers privileges in the form of exclusive printing rights,
giving them the only right to carry out (GENERAL OVERVIEW OF
INTELLECTUAL PROPERTY, n.d.)10these pursuits. The Stationers' Company, for
instance, was given a royal charter in England. However, the goal was not to uphold
writers' rights but rather to restrict specific forms of seditious or religious material.
Only the author and their named printers were permitted to publish their workshop
during this T- time window, which was renewable for a farther 14 times if the author
was still alive. Their work would enter the public sphere following the specified time
period. The United States only had three private brand conduct until 1783, when a
number of authors solicited the Continental Congress to produce some kind of brand,
it

10
Available at
https://egyankosh.ac.in/bitstream/123456789/15486/1/Unit-1.pdf

1
(GENERAL OVERVIEW OF INTELLECTUAL PROPERTY, n.d.) visited on 18-08-2023 20:52:37

1
 must be emphasized that the Statute of Anne didn't extend to British Colonies
protection.
The Continental Congress prompted the individual States to" secure to the authors or
publishers of any new book not heretofore published. the dupe right of similar books
for a certain time not lower than fourteen times from the first publication; and to
secure to the said authors, if they shall survive the term first mentioned, the dupe right
of similar books for another term of time not lower than fourteen." The Continental
Congress didn't have the authority to legislate legislation, but they did prompt the
States to" secure to the authors or publish is of times.
Each State later passed its own brand legislation, some modeled after the Statute of
Anne and others with similar features. The Law of January 10th, 1879 (ley de 10 de
enero de 1879), which was modeled after French brand rules and followed other
nations' former laws, created brand protection in Spain. The current brand regulations
in Spain are described in the 12 April 1996 Royal Legislative Decree1/1996.
Copyright in the 21st Century: Copyright laws continue to adapt to technological
advancements and changing cultural landscapes. Discussions on copyright duration,
fair use, and the balance between creators' rights and public access to information
remain ongoing. Additionally, Creative Commons licenses and open-source
movements have emerged, providing alternative frameworks for sharing creative
workswhile respecting copyright.

2.2 History of Copyright and Piracy.

Though the history of piracy goes back more than three thousand years, an accurate
description of it hinges on what is meant by the word "pirate" today. The use of the
word "piracy" in English is still very recent, and it has a wide variety of connotations.
Today, the term is still used in some instances without any apparent significance.
Before the eighteenth century, the word "piracy" was given a definition. It indicates
that the Roman historian Polybius coined the term pirate “peirato” in around 140 BC.
The earliest precise definition of piracy may be found in a work by the Greek
historian Plutarch, who lived around 100 AD. He defined pirates as individuals who
unlawfully assault maritime cities in addition to ships. For the first time, piracy was
described, among others, in The Odyssey and The Iliad by Homer. There was no clear
definition of piracy for a very long time. Between the ninth and eleventh centuries

1
AD, Norse riders were known as "Danes" or "Vikings" rather than pirates. The term
also had the

1
 connotation of "sea thieves" in mediaeval England. In the XVIII century AD, the
definition of the word "pirate" that is most closely associated with the time period was
developed. According to this concept, pirates were "outlaws" that anybody, including
those who weren't soldiers, might murder. In reality, anti-piracy legislation was the
first area in which international law was applied. This is because most pirate crimes
were perpetrated outside of national boundaries.

Ancient Age piracy

Pharo Echnaton (1350 BC) is the author of one of the first descriptions of pirates
(inscription on a clay tablet). Famous free-lance Mediterranean maritime strikes on
North Africa are mentioned in the study epigraphic.

Greek traders dealing with Phoenician and Anatolian ports occasionally make casual
references to piracy, a traditional by-product of such business activity. Additionally,
there is epigraphic proof of piracy: in the 340s, Athens honoured Cleomis, the tyrant
of

Methymna on Lesbos, for paying the ransom for many Athenians who had been taken
by pirates. The Ethiopian princess and Thessalian prince experience a number of
dangers (battles, travels, piracy, kidnappings, robberies, and torture) before their
happy ending in Heliodorus of Emesa's ancient Greek classic The Aethiopica from the
third century AD. In the heroine's own country, marriage. (Pirates! Fact and Legend,
n.d.)11

During the celebration of a Hera feast outside the city walls, Polycrates (a Greek
tyrant) took possession of Samos. He created tyranny after killing his two brothers,
who had previously shared authority with him, and his 100-ship fleet engaged in acts
of piracy that made him infamous across Greece.

The concept of copyright, which grants creators exclusive rights to their original
works, is rooted in the ancient history of intellectual property protection. While the
modern legal framework for copyright emerged in the last few centuries, the seeds of
the idea can be traced back to ancient civilizations (Pirates! Fact and Legend, n.d.)12.

11
(Pirates! Fact and Legend, n.d.) Available at

2
https://www.piratesinfo.com/cpi_ancient_piracy_ancient_pirates_511.asp visited on 13-05-2023
12
(Pirates! Fact and Legend, n.d.)Available at
https://www.piratesinfo.com/cpi_ancient_piracy_ancient_pirates_511.asp visited on 07-05-2023

2
 1. Ancient Greece and Rome In ancient Greece, poets and playwrights were known to
receive protection for their works through social norms and customs. However, there
were no formal legal mechanisms in place. Similarly, in ancient Rome, there were
instances where authors were recognized for their literary works, but the concept of
copyright as we know it today did not exist. (JSTOR, n.d.)13

2. Medieval Manuscripts During the Middle Ages, the production and copying of
manuscripts were typically controlled by monasteries and scriptoria. These
institutions often exercised a form of control over the reproduction and dissemination
of written works, but this control was more about regulating the copying process and
maintaining the quality of copies than about protecting the rights of authors.

3. Printing Revolution The invention of the printing press in the 15th century by
Johannes Gutenberg marked a significant turning point in the history of copyright. As
books became more widely produced, concerns about the rights of authors and
publishers to control the reproduction and distribution of their works began to emerge.
(JSTOR, 1710)14

4. Early Modern Period In the 16th and 17th centuries, various European countries
introduced laws and privileges to protect the rights of printers and publishers. These
privileges granted exclusive rights to print and publish specific works for a limited
period of time. The Statute of Anne in England in 1710 is often considered one of the
earliest examples of copyright legislation. It granted authors and their assigns the sole
right to print and reprint their works for a period of 14 years, renewable for another 14
years if the author was still alive.

5. Berne Convention The late 19th century saw the internationalization of copyright
principles with the signing of the Berne Convention for the Protection of Literary and
Artistic Works in 1886. This treaty established the foundation for modern copyright
law by establishing minimum standards for copyright protection, including the
principle of automatic protection upon the creation of a work.

13
(JSTOR, n.d.)Available at
https://www.jstor.org/stable/4004530 visited on 07-05-2023
keyword Pharo Echnaton, Ancient Greece, Ancient Age piracy.
14
(JSTOR, 1710)Available at
https://www.jstor.org/stable/4004530 visited on 09-05-23
keyword Copyright law, Artistic Works, Berne Convention.

2
 6. 20th and 21st Centuries Copyright laws continued to evolve throughout the 20th
century, adapting to new forms of creative expression like music, film, and digital
media. The introduction of the internet and digital technologies posed new challenges
and opportunities for copyright enforcement and protection.

Today, copyright laws vary from country to country but generally provide creators
with exclusive rights to reproduce, distribute, and display their original works. The
duration of copyright protection, the types of works covered, and the limitations on
those rights differ based on national laws and international agreements. While the
concept of copyright has ancient roots, its modern legal framework has developed
over centuries to accommodate changing technologies and creative practices.

2.3 Golden Age Piracy.

The practise of piracy began to rise in popularity in the 16th century. The
development of technology allowed for the creation of better, larger, and faster ships.
With all the new vessels it generated bringing gold and other products, colonial
expansion was starting. It was simple for ambitious sailors to constantly find a method
to legalise the most heinous crimes of piracy due to the competing interests and
aspirations of colonial rulers. For instance, English privateers could loot and assault
Spanish ships without consequence. On the other hand, North African pirates had
permission to loot English ships, while in the 18th century, Madagascar pirates served
the interests of the French ruler. The coast of North Africa from the western border
was once known as the continuously, from ancient times, infamous Barbary Coast. To
the Atlantic Ocean from Egypt. Independent Islamic nations residing on the coast
from the 1500s to the 1800s were ruled by the Ottoman Empire. These nations
developed into hubs for pirate activity in the early 1500s.

The history of copyright piracy in the entertainment industry is closely intertwined

with technological advancements and the ease of unauthorized reproduction and
distribution of creative works. Here's an overview of the history of copyright piracy in
the entertainment industry. (ROYAL museum's green wich, n.d.)15

15
(ROYAL museum's green wich, n.d.) Available at
https://www.rmg.co.uk/stories/topics/golden-age-piracy visited on 15-06-23.
Keyword piracy, Music, pirates.

2
  Early Piracy: Even before the advent of modern technology, copyright piracy existed
in various forms. In the 19th century, unauthorized copies of books, sheet music, and
theatrical plays were prevalent. Pirates would reproduce and sell copyrighted works
without obtaining proper licenses or permissions.

 Cassette Tapes and Music Piracy: In the late 1970s and throughout the 1980s, the
introduction of cassette tapes and affordable tape recorders led to a significant
increase in music piracy. Consumers could easily copy and distribute music, resulting
in lost revenue for the music industry. This period saw the rise of mixtapes and the
emergence of unauthorized tape duplication and distribution networks.

 VCR and Video Piracy: The introduction of videocassette recorders (VCRs) in the
1970s and 1980s allowed consumers to record television shows and movies at home.
This technology also facilitated video piracy as people started copying and
distributing copyrighted films without permission. The widespread availability of
videotapes contributed to substantial losses for the movie industry.

 Digital Revolution and Online Piracy: The advent of the internet and digital
technologies in the late 1990s and early 2000s revolutionized piracy. File-sharing
platforms and peer-to-peer networks, such as Napster and Bit Torrent, enabled users
to share music, movies, software, and other copyrighted content on a massive scale.
Online piracy soared, causing substantial financial losses for the entertainment
industry. (Piracy in the Digital Age, n.d.)16
 Streaming and Online Piracy: With the rise of legal streaming services in the mid-
2000s, the availability of licensed content through platforms like Netflix and Spotify
provided a convenient and affordable alternative to piracy. However, unauthorized
streaming and downloading of copyrighted material persisted through websites that
hosted pirated content or utilized illegal streaming services.

16
(Piracy in the Digital Age, n.d.)Available at
https://courses.cs.washington.edu/courses/csep590a/06au/projects/digital-piracy.pdf visited on 18-06-23.
Keyword Content, technologies, entertainment.

2
  Anti-Piracy Measures: In response to the rampant piracy, the entertainment industry
and copyright holders implemented various anti-piracy measures. This included the
pursuit of legal action against individuals and websites involved in piracy, lobbying
for stricter copyright laws, and collaborating with internet service providers to curb
online piracy.
 Digital Rights Management (DRM): Content creators and distributors employed
digital rights management technologies to protect their intellectual property. DRM
technologies were used to.
 Encrypt and control access to digital content, limiting unauthorized copying and
distribution. However, DRM has faced criticism for its impact on consumer rights and
the effectiveness of preventing piracy. (Digital PiracyFrom Youth and Media, n.d.)17

 Current Challenges: Copyright piracy remains an ongoing issue in the entertainment

industry. The proliferation of streaming services and the availability of high-speed
internet have made it easier for individuals to access pirated content. Piracy has
expanded beyond music and movies to include e-books, video games, and software,
posing significant challenges for copyright holders.

It's worth noting that while piracy has undoubtedly caused financial losses, there is
ongoing debate about the extent to which piracy affects industry revenues. Some
argue that piracy can also serve as a form of promotion and lead to increased sales or
exposure for certain works. Nevertheless, copyright holders continue to implement
strategies to combat piracy and protect their intellectual property rights.

The "golden age" of copyright typically refers to a period in the late 19th and early
20th centuries when copyright laws were being established and expanded to cover a
broader range of creative works. During this time, copyright protection became more
standardized and comprehensive, laying the foundation for the modern framework of
intellectual property rights.

1. International copyright conventions The Berne Convention for the Protection of

Literary and Artistic Works, established in 1886, is a central milestone of this era. It

17
(Digital PiracyFrom Youth and Media, n.d.) Available at
https://youthandmedia.org/wiki/Digital_Piracy visited on 07-07-23

2
aimed to harmonize copyright laws internationally and provided creators with
automatic protection in member countries. The Berne Convention laid the
groundwork for recognizing foreign authors' rights and established principles such as
the principle (Global Music Piracy, n.d.)18 of national treatment, which ensured that
foreign creators received the same protections as domestic creators

2. Expansion of Protected Works The golden age of copyright witnessed the

expansion of protected works beyond traditional literary works to include music,
visual arts, photographs, and other creative forms. This expansion recognized the
diverse ways in which individuals express themselves and create valuable intellectual
property.

3. Duration of Protection: During this period, copyright terms were extended to

provide creators with longer periods of protection. This allowed them to benefit
financially from their works for a more extended period and incentivized the creation
of new works. The concept of "life plus a certain number of years" after the author's
death became a common approach to determining the duration of copyright
protection.

4.Economic and Technological Factors: As the printing press, industrialization, and

new modes of communication such as photography and phonography emerged,
copyright laws needed to adapt to these changing technologies. Legal frameworks
were put in place to regulate the reproduction, distribution, and public performance of
creative works in these new formats.

5.Copyright Collectives and Societies The establishment of copyright collecting

societies, organizations that manage the licensing and distribution of royalties on
behalf of creators, played a significant role during this period. These organizations
helped streamline the process of licensing and compensating creators for the use of
their works.

6. Global Standardization: The golden age of copyright saw the emergence of a more
standardized approach to copyright protection across different countries. While there
were still variations in the details of copyright laws from nation to nation, the core
principles of protecting creators' rights and incentivizing creativity became widely
accepted.

2
18
(Global Music Piracy, n.d.) Available at
https://oxfordre.com/communication/display/10.1093/acrefore/9780190228613.001.0001/acrefore-
9780190228613-e-1038;jsessionid=332E74AFA30645FB14F9023538238FE7 visited on 28-06-23.
Keyword Literary, Protected, photographs.

2
 Overall, the golden age of copyright marked a critical period of development in
intellectual property law. It established many of the foundational principles that guide
copyright protection to this day, such as the balance between creators' rights and the
public interest, the recognition of international rights, and the adaptation of copyright
laws to technological advancements. The Indian Copyright Act of 1957 was enacted,
and it came into force in January 1958. Since then, it has undergone five changes in
the years 1983, 1984, 1992, 1994, and 1999. India's first copyright legislation after
independence was the Copyright Act of 1957, and six changes have been made since
then. The most recent modification was made in 2012 with the passage of the
Copyright Amendment Act. The Indian Copyright Act, 1957, as amended from time
to time, and the Indian Copyright Rules govern the idea of copyright in India (legal
service india E- journal, n.d.)19

R.G Anand vs M/S. Delux Films & Ors on 18 August, 1978

(Fazalali., 1978)20

Hawkes & sons, ltd. v. paramount films service

(yale law journal , 1934)21

2.4 Copyright History of United State.

The introduction of the printing press to England in the late fifteenth century is when
the history of American copyright law began. Authorities attempted to regulate the
production of books as the number of presses increased by giving printers a
monopoly- like level of control over publishing in England. The Licencing Act of
1662, which created a record of authorised books to be managed by the Stationers
Company, a group

19
(legal service india E-journal, n.d.)Available at
https://www.legalserviceindia.com/legal/article-11360-copyright-and-subject-matter-of-
copyright.html#:~:text=A%20law%20called%20the%20Indian,have%20been%20made%20since%20then.
visited on 24/05/2023

20
(Fazalali., 1978) Available at https://www.google.com/search?q=R.G+Anand+vs+M%2FS.+Delux+Films+
%26+Ors+on+18+August%2C+1978 &rlz=1C1CHWL_enIN900IN900&oq=R.G+Anand+vs+M%2FS.+Delux+Films+
%26+Ors+on+18+August%2C+1978
&aqs=chrome..69i57j0i512j0i390i650.1044j0j7&sourceid=chrome&ie=UTF-8 visited on 25/05/23

21
(yale law journal , 1934)Available at
https://www.jstor.org/stable/790928 visited on 25/05/23

2
keyword ownership, publications, Parliament, American copyright, US.

2
 of printers with the power to regulate publications, reinforced that monopoly. The
government's censorship was loosening when the 1662 statute expired in 1695, and in
1710, Parliament passed the Statute of Anne to allay the worries of English
booksellers and printers. The 1710 statute established the fundamentals of copyright
ownership by writers and a set period of protection. copyright works (14 years,
extendable for a further 14 years if the creator was still alive at the time of expiration).
By restricting copyright periods and guaranteeing that once a work was acquired, the
copyright owner no longer had control over its usage, the act avoided a monopoly on
the part of booksellers and established a "public domain" for literature. Although the
law did guarantee an author's copyright, the advantage was rather marginal because an
author had to assign their work to a retailer or publisher in order to get payment for it.

Since the Statute of Anne was passed nearly three centuries ago, US law has been
updated to handle new technology, expand the purview of copyright, and alter the
duration of copyright protection. The US has been debating and implementing
copyright reform for a while. The Canadian government is also thinking about
reforming copyright laws.

 1789 US Constitution.
The US Constitution's Article I, Section 8, Clause 8 states that "the Congress shall
have power to promote the progress of science and useful arts, by securing to authors
and inventors the exclusive right to their respective writings and discoveries for
limited periods of time."

 1790 copyright Act of 1790

The US Constitution's copyright clause was put into effect by the First Congress in
1790. The Statute of Anne (1710) served as the inspiration for the Copyright Act of
1790, also known as An Act for the Encouragement of Learning, by Securing the
Copies of Maps, Charts, and Books to the Authors and Proprietors of Such Copies22.

22
National Archeives pieces of history, protecting copyright, Available at
https://prologue.blogs.archives.gov/2015/05/29/protecting-elvis-and-the-encouragement-of-learning/ visited
at 12-06- 2023

Maps, Charts, and Books to the Authors and Proprietors of Such Copies.

3
 For a period of 14 years, with the option to renew for an additional 14, it gave
American writers the right to print, reprint, or publish their works. By giving creators
a monopoly, the law was intended to encourage writers, artists, and scientists to
produce creative creations. The monopoly was also curtailed in order to promote
innovation and the development of "science and the useful arts" by allowing
widespread access to items that are "public domain." The statute underwent
significant amendments in 1831, 1870, 1909, and 1976.

 1831 Revision of the copyright Act

Copyrighted works now have a 28-year protection period, with a potential 14-year
extension. According to Congress, the period was extended to provide American
authors with the same level of protection as authors in Europe. Both upcoming works
and existing works with active copyrights were included in the extension.

 1834 Wheaton v. peters.

(association of research library, 1834)23
The case arose from a dispute between the official reporter of US Supreme Court
decisions, Richard Peters, and the previous reporter, Henry Wheaton.24 Peters began
publishing “Condensed Reports” of cases decided during Wheaton’s tenure and
Wheaton sued. The case went before the US Supreme Court. Peters argued that
Wheaton had failed to properly obtain copyright, while Wheaton argued that authors
were entitled to perpetual property rights in their works. Justice McLean delivered the
majority decision, stating that “since the statute of 8 Anne, the literary property of an
author in his works can only be asserted under the statute.
33 U.S. 591 (more)

Pet. 591; 8 L. Ed. 1055; 1834 U.S. LEXIS 619

1841 Folsom v. Marsh.

(assosiation research of libraries, 1941)25

23
(association of research library, 1834)
24
WheatonvpeterCopyrighttimeline, Available at
https://www.arl.org/copyright-timeline visited on 09-06-2023
25
(assosiation research of libraries, 1941)

3
 Folsom v. Marsh, 9. F.Cas. 342 (C.C.D. Mass. 1841) is a 19th-century US copyright
case, widely regarded as the first "fair use" case in the United States. The opinion was
written by Judge Joseph Story, who set forth four factors that are in use today, and
were ultimately codified in the Copyright Act of 1976 as 17 U.S.C. § 107.26

1853 Stowe v. Thomas.

(association of research libraries, 1854)27

Harriet Beecher Stowe sued F.W. Thomas, publisher of a German-language
periodical, Die Freie Presse, in 1853. Thomas translated Uncle Tom’s Cabin into
German and sold it in the United States without the author’s permission. Judge Robert
Grier of the Third Circuit Court of Appeals explained in the decision that once an
author published her or his work, “and given his thoughts, sentiments, knowledge or
discoveries to the world, he can have no longer an exclusive possession of them.”
With regard to translations, he continued, “the same conceptions clothed in another
language cannot constitute the same composition; nor can it be called a transcript or
‘copy’ of the same ‘book.'” According to Siva Vaidhyanathan, the “anti-property”
rhetoric in the decision encouraged many American authors to take a stand in favour
of copyright as property until the copyright law was revised.28

MacMillan and Co Ltd v Cooper: PC 1923 (swarb.co.uk, 1923)29

26
FolmonvmarshCopyrighttimeline Available at
https://www.arl.org/copyright-timeline visited at (09june2023)
27
(association of research libraries, 1854)
https://www.arl.org/copyright-timeline/ Available at
28
(association of research libraries, 1854)
Stowe v. Thomas https://www.arl.org/copyright-timeline/ 25/05/23
29
https://swarb.co.uk/macmillan-and-co-ltd-v-cooper-pc-1923/ Available at
(swarb.co.uk, 1923) MacMillan and Co Ltd v Cooper: PC 1923 visited on 18-08-2023 22:43:43.
Keyword – framework,Protection, antiproperty.

3
 CHAPTER -3

THE ROLE OF INTERNATIONAL COPYRIGHT FRAME WORK.

The international copyright framework plays a vital role in protecting the rights of
creators and promoting the global exchange of creative works. It provides a legal
framework for the protection of original literary, artistic, musical, and other creative
works, ensuring that creators have the right to control and benefit from their creations.

 Protection of creators Copyright laws provide creators with exclusive rights over their
works, including the right to reproduce, distribute, publicly perform, and display their
works. This protection encourages creativity by providing an incentive for creators to
invest their time, effort, and resources in the production of new works.
 Promotion of cultural diversity Copyright protection helps preserve and promote
cultural diversity by enabling creators to express their cultural heritage and traditions
through their works. It allows for the preservation and dissemination of traditional
knowledge, folklore, and indigenous cultural expressions.
 Encouragement of innovation and creativity, Copyright protection fosters innovation
and creativity by providing a mechanism for creators to earn a living from their
works. It enables creators to receive financial rewards and recognition for their
efforts, which, in turn, encourages further innovation and the development of new
works.
 Facilitation of international exchange, The international copyright framework
facilitates the exchange of creative works across borders. It establishes minimum
standards of protection that member countries agree to provide to creators from other
member countries. This ensures that creators' rights are recognized and protected
when their works are used or exploited in foreign markets.
 The international copyright framework is primarily governed by international treaties
and agreements, such as the Berne Convention for the Protection of Literary and
Artistic Works and the World Intellectual Property Organization (WIPO) Copyright
Treaty. These agreements establish basic principles and standards for copyright
protection, including the minimum duration of protection, limitations and exceptions
to copyright, and enforcement mechanisms.

Member countries are required to implement these international obligations into their
national copyright laws, adapting them to their specific legal systems and cultural
contexts. While there are some variations in copyright laws between countries, the
3
 international framework provides a foundation for harmonization and cooperation in
protecting and promoting creators' rights worldwide.

Overall, the international copyright framework plays a vital role in fostering

creativity, protecting creators' rights, and promoting the global exchange of cultural
and artistic expressions. It balances the interests of creators, users, and the public,
striking a balance between providing incentives for creativity and ensuring access to
knowledge and culture.

3.1 Berne convention.

The Berne Convention for the Protection of Literary and Artistic Works, commonly
referred to as the Berne Convention, is an international treaty governing copyright and
related rights. It sets the standards for the protection of literary and artistic works
among its member countries. The convention was first adopted in 1886 in Berne,
Switzerland, and has been revised multiple times since then.

Principles of the Berne Convention.

 Automatic Protection: The convention provides automatic copyright protection to

qualifying works without the need for formal registration or compliance with any
other formalities. As soon as a work is created and fixed in a tangible form, it is
protected by copyright.
 Minimum Standards: The convention establishes minimum standards of protection
that member countries must adhere to. These standards include the scope of
protection, the rights granted to authors, and the duration of copyright.
 National Treatment: The principle of national treatment ensures that authors from
member countries receive the same level of copyright protection as domestic authors
in each member country. Member countries cannot discriminate against foreign
authors based on their nationality.
 Works Covered: The Berne Convention covers a broad range of literary and artistic
works, including books, music, films, paintings, sculptures, photographs, and other
creative expressions.
 Rights Granted: The convention grants authors several exclusive rights, including the
right to reproduce their works, distribute them, publicly perform them, and create

3
 derivative works. These rights enable authors to control the use and exploitation of
their creations.
 Duration of Protection: The convention sets the minimum duration of copyright
protection, which is generally the life of the author plus a specific period after their
death. Member countries have the flexibility to provide longer durations of protection
if they choose.
 Limitations and Exceptions: The convention recognizes that certain uses of
copyrighted works, such as for education, research, or criticism, may be allowed
under limitations and exceptions to copyright. Member countries have the flexibility
to determine these exceptions within their legal frameworks.

The Berne Convention for the Protection of Literary and Artistic Works, commonly
known as the Berne Convention, is an international treaty that establishes standards
for the protection of intellectual property rights, particularly copyright. The
convention aims to provide creators with a standardized framework of protection,
promote international collaboration, and ensure that creators' works are safeguarded
across different countries. overview of the Berne Convention.

3.1.2 History and Origin.

The Berne Convention was first adopted in Berne, Switzerland, in 1886.
The treaty was developed in response to the need for a harmonized international
approach to copyright protection, given the rise of global cultural exchange and the
challenges posed by different national copyright laws.

1. Automatic Protection The convention offers automatic copyright protection for

eligible works without the need for formal registration or other formalities. As soon as
a work is created and fixed in a tangible medium, it is protected under the convention.

Minimum Standards The Berne Convention establishes minimum standards for

copyright protection that member countries must adhere to. This includes the scope of
protected works, the rights of creators, and the duration of protection.

3
 National Treatment The convention mandates that member countries extend the same
level of protection to foreign creators as they do to their own citizens. This "national
treatment" principle ensures that creators from one country are not disadvantaged
when their works are used or protected in another member country.

No Formalities the convention prohibits the imposition of formalities, such as

mandatory registration or notification, as a condition for obtaining copyright
protection. This simplifies the process for creators to assert their rights.

Rights of Creators the Berne Convention grants creators exclusive rights over their
works, including the rights to reproduce, distribute, display, and create derivative
works. These rights ensure that creators have control over how their creations are
used.

Duration of Protection While the duration of protection varies among member

countries, the convention mandates that copyright protection should extend for the life
of the author plus a certain number of years after their death.

3.1.3 Impact and Membership.

The Berne Convention has had a significant impact on international copyright law and
has been ratified by numerous countries around the world.
The treaty has facilitated cross-border collaboration, protected the rights of creators,
and helped ensure that creative works are respected globally. (wipo Summary of the
Berne Convention for the Protection of Literary and Artistic Works (1886), n.d.)30

30
(wipo Summary of the Berne Convention for the Protection of Literary and Artistic Works (1886),
n.d.)Available at
https://www.wipo.int/treaties/en/ip/berne/summary_berne.htm l visited on 05-06-23

3
keyword Membership, Origin, intellectual property rights.

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3.1.4 Continued Relevance.
The principles of the Berne Convention continue to guide international copyright
discussions, even in the digital age, as creators' works can be easily distributed across
borders through the internet.
The Berne Convention has had a significant impact on harmonizing copyright laws
worldwide. It currently has over 180 member countries, making it one of the most
widely accepted international copyright treaties. The convention provides a
framework for the protection and enforcement of copyright across borders and
facilitates international cooperation in the field of copyright.

In 1886 ten E.S marked the Berne Tradition for the Assurance of Literary
and Creative Works alluded to in the future as the Berne Tradition in arrange to
reduce confusion approximately universal copyright law. Since at that point, add up
to of 164 nations have joined the Berne Tradition. Be that as it may, there have
been a few corrections of the Berne Convention, and not all nations have approved the
foremost later form. Any country is permitted.
The "golden age" of copyright typically refers to a period in the late 19th and early
20th centuries when copyright laws were being established and expanded to cover a
broader range of creative works. During this time, copyright protection became more
standardized and comprehensive, laying the foundation for the modern framework of
intellectual property rights.

Golden Age of Copyright.

International Copyright Conventions: The Berne Convention for the Protection of
Literary and Artistic Works, established in 1886, is a central milestone of this era. It
aimed to harmonize copyright laws internationally and provided creators with
automatic protection in member countries. The Berne Convention laid the
groundwork for recognizing foreign authors' rights and established principles such as
the principle of national treatment, which ensured that foreign creators received the
same protections as domestic creators. (The Copyright and Her History, n.d.)31

31
(The Copyright and Her History, n.d.) Available at
https://pure.jgu.edu.in/id/eprint/4457/1/The%20copyright%20and%20her%20History.pdf

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 Expansion of Protected Works The golden age of copyright witnessed the expansion
of protected works beyond traditional literary works to include music, visual arts,
photographs, and other creative forms. This expansion recognized the diverse ways in
which individuals express themselves and create valuable intellectual property.

Duration of Protection: During this period, copyright terms were extended to provide
creators with longer periods of protection. This allowed them to benefit financially
from their works for a more extended period and incentivized the creation of new
works. The concept of "life plus a certain number of years" after the author's death
became a common approach to determining the duration of copyright protection.

Economic and Technological Factors: As the printing press, industrialization, and new
modes of communication such as photography and phonography emerged, copyright
laws needed to adapt to these changing technologies. Legal frameworks were put in
place to regulate the reproduction, distribution, and public performance of creative
works in these new formats.

Copyright Collectives and Societies: The establishment of copyright collecting

societies, organizations that manage the licensing and distribution of royalties on
behalf of creators, played a significant role during this period. These organizations
helped streamline the process of licensing and compensating creators for the use of
their works.

Global Standardization Global standardization in the context of copyright refers to the

efforts to harmonize copyright laws and regulations across different countries in order
to provide consistent protection for creative works and ensure fair treatment of
creators and users on an international scale. The goal of global standardization is to
create a framework that encourages creativity, supports innovation, and facilitates the
exchange of cultural and intellectual content while maintaining a reasonable balance
between the rights of creators and the interests of the public. (UNCTAD - ICTSD
Project on IPRs and Sustainable Development, n.d.)32

visited on 05-07-2023
32
(UNCTAD - ICTSD Project on IPRs and Sustainable Development, n.d.)Available at

3
https://unctad.org/system/files/official-document/ictsd2006ipd15_en.pdf

4
 International Treaties and Agreements International agreements, such as the Berne
Convention for the Protection of Literary and Artistic Works and the Agreement on
Trade-Related Aspects of Intellectual Property Rights (TRIPS), play a central role in
global standardization. These agreements establish minimum standards for copyright
protection and enforcement that member countries are expected to implement. They
ensure that creators' works are protected across borders and that creators from one
country are given the same rights and protections in another (GW LAW THE JACOB
BURNS LAW LIBRARY, n.d.)33.

Principle of National Treatment The principle of national treatment is a fundamental

element of global copyright standardization. It states that foreign creators should be
treated no less favorably than domestic creators in terms of copyright protection and
legal rights. This helps prevent discrimination against foreign creators and encourages
international collaboration. (GW LAW Treaties and International Agreements, n.d.)34

.Minimum Standards International agreements set out minimum standards for

copyright protection, which member countries are expected to meet or exceed. These
standards typically include the scope of protected works, the duration of copyright,
the rights granted to copyright holders, and limitations and exceptions to copyright.

Adapting to Technological Changes Global standardization also involves addressing

the challenges posed by technological advancements. This includes addressing issues
related to digital distribution, online piracy, and the protection of digital rights
management (DRM) systems. International cooperation is crucial in developing
effective strategies to address these challenges
Enforcement Mechanisms: Ensuring consistent enforcement of copyright laws is a
critical aspect of global standardization. International agreements often include
provisions for enforcing copyright rights, such as civil and criminal remedies for
copyright infringement, border enforcement measures, and mechanisms for resolving
cross-border copyright disputes.

33
(GW LAW THE JACOB BURNS LAW LIBRARY, n.d.)Available at
https://law.gwu.libguides.com/treaties
34
(GW LAW Treaties and International Agreements, n.d.)Available at
https://law.gwu.libguides.com/treaties 20-08-2023 visited on 13:14:54

4
Capacity Building Many international organizations and initiatives work to build the
capacity of developing countries to effectively implement and enforce copyright laws.
This helps create a more level playing field for creators and users around the world
and contributes to a global culture of respect for intellectual property rights.

Global standardization.
While global standardization has made significant progress in harmonizing copyright
laws, there are still challenges and differences among countries in how copyright is
implemented and enforced. These differences can be attributed to varying cultural,
economic, and legal contexts. Nevertheless, the overall aim remains to strike a
balance between protecting creators' rights and fostering a vibrant cultural exchange
that benefits society as a whole.
Ethnic Diversity Ghana is home to numerous ethnic groups, each with its own distinct
customs, traditions, and customary laws. Customary law varies from one ethnic group
to another and is often rooted in the traditions and practices of these communities.
Oral Tradition Much of Ghanaian customary law is transmitted orally, passed down
through generations by word of mouth and practice. This makes it unique compared to
written statutory laws .Family and Community Focus Customary law in Ghana places
a strong emphasis on family and community values. It governs various aspects of life,
including family relationships, marriage, inheritance, land ownership, and dispute
resolution. Chieftaincy and Traditional Authorities Chiefs and traditional leaders play
a significant role in the administration and application of customary law. They often
serve as custodians of tradition and are involved in resolving disputes and maintaining
social order within their communities. Conflict Resolution .Customary law provides
mechanisms for resolving disputes through traditional institutions. These mechanisms
emphasize mediation, consensus-building, and restorative justice principles. Parallel
Legal Systems in Ghana, customary law operates alongside the statutory legal system
inherited from colonial times. While statutory law governs national matters and more
formal legal proceedings, customary law often comes into play for local and
traditional matters. Recognition by the State the Ghanaian legal system recognizes
customary law and its role in society. However, it's important to note that customary
law cannot violate fundamental human rights protected by the Constitution of Ghana.
Modern Challenges The interaction between customary law and modern legal

4
systems, as well as the urban-

4
 rural divide, can sometimes create challenges. Striking a balance between tradition
and the demands of a modern society can lead to complex legal issues. It's important
to recognize that Ghanaian customary law is not uniform across the country and can
vary widely from one region or ethnic group to another. The legal landscape in Ghana
is a blend of customary law, common law (derived from English law), and statutory
law. Efforts have been made to codify and harmonize certain aspects of customary
law to ensure consistency and fairness in its application. (STUDY .COM global
standardization Strategy: Examples, Benefits and Overview, n.d.)35

3.2 Universal Copyright Convention

Universal Copyright Convention the all-inclusive Copyright Tradition (or UCC) was
created by UNESCO and adopted in 1952. It was made as an elective to the Berne
Tradition. The UCC tended to the desire of a few nations (counting the Joined
together States and the Soviet Union) to enjoy some multilateral copyright assurance
without joining the Berne Convention. The UCC’s arrangements are more adaptable
than those of the Berne Tradition. This increased adaptability was planning to oblige
nations at distinctive stages of development and nations with distinctive financial and
social frameworks. Just like the Berne Convention, the UCC consolidates the
guideline of national treatment and forbids any discrimination against outside
creators, but it contains less prerequisites that member countries must comply with.
The UCC has diminished in significance as most nations are presently party to the
Berne Convention or are individuals of the WTO (or both). The copyright
commitments of members4of the WTO are represented by the Understanding on
Trade-Related Perspectives of Intellectual Property Rights (TRIPS), talked about
underneath.

3.3 Convention.

Rome Convention (1961).

By 196136, technology had progressed significantly since the Berne Convention 37 had
been signed. Some inventions, such as tape recorders, had made it easier to copy

35
( STUDY .COM global standardization Strategy: Examples, Benefits and Overview, n.d.)Available at
https://study.com/learn/lesson/global-standardization-strategy.html
36
https://cyber.harvard.edu/people/tfisher/IP/International_Framework.pdf

4
37
https://cyber.harvard.edu/cx/The_International_Framework_of_Copyright_Law

4
 38
recorded works. The Berne Convention only applied to printed works and thus did
not help (BERKMAN KLEIN CENTER INTERNET&SOCIETY OF HARVARD
UNIVERSITY, n.d.) 39
.copyright holders defend against the new technologies. To
address the perceived need for strong legislative protection for recorded works,
members of WIPO concluded the Rome Convention for the Protection of Performers,
(unesco, 1961) 40
Producers of Phonographs and Broadcasting .Organizations on
October 26, 1961.It extended copyright protection from the author of a work ( The
International Framework, n.d.)41 to the creators and producers of particular, physical
embodiments of the work. These "fixes" include media such as audio cassettes, CDs
and DVDs. The Rome Convention requires Member States to protect copyrighted
works. Performers, phonograph manufacturers and broadcasters. but this also.
Member States may make exceptions to this protection, such as they allow.
Unauthorized use of recordings for educational or research purposes. The Rome
Convention was signed by 91 countries. Rome member. This Convention applies to
countries that have already acceded to the Berne Convention or to the World
Copyright Convention. Like many international treaties. The Rome Convention has an
uncertain impact on domestic law. member country. A convention may "hold" rights
with respect to certain provisions of the treaty. In practice, this would save countries
from having to apply rules. Significant changes in national legislation.

Paris Convention.

The Paris Convention is an international treaty established in 1883 to protect

intellectual property rights. It sets out key principles such as priority rights for patents
and trademarks, equal treatment for foreign and domestic IP holders, minimum
standards for IP protection, and mechanisms for dispute resolution. It aims to create a

38
https://cyber.harvard.edu/cx/The_International_Framework_of_Copyright_Law
39
https://cyber.harvard.edu/cx/Main_Page
(BERKMAN KLEIN CENTER INTERNET&SOCIETY OF HARVARD UNIVERSITY, n.d.) Available at
40
International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting
Organizations Rome, Italy - 26 October 1961
(unesco, 1961) Available at https://en.unesco.org/conventions/pdf/297950 visited on 1-08-23
41
( The International Framework, n.d.)Available at
https://cyber.harvard.edu/copyrightforlibrarians/Module_2:_The_International_Framework visited on 1-08-23

4
 fair and consistent framework for intellectual property protection among its member
countries.

3.4 WIPO Copyright Treaty (WCT).

The digital era has changed the methods used by copyright holders to distribute,
market, and reproduce their works. Electronically stored, distributed via the Internet,
and compiled in database are frequently used for books, articles, sound recordings,
and photos.

Sadly, the same technologies that make storage and distribution more effective have
also made it easier for people to copy copyrighted works in large quantities. The
WIPO Copyright Treaty and the WIPO Performance and Phonographs Treaty are two
agreements that were pushed for and eventually signed by developed country
governments out of concern for the effects of these new technologies. On March 6,
2002, the Berne Convention's special agreement known as the WIPO Copyright
Treaty (WCT) went into effect. The first international agreement to mandate that
nations grant copyright protection to computer programmes and databases, which are
collections of data or other content. The WCT mandates that members forbid the use
of technologies that have been set by to stop their works from being copied and
distributed without their permission. These technologies may use encryption or "rights
management information" (information that identifies authors or works and is
required for the management of rights to those works).

3.5 WIPO Performances and Phonographs Treaty (WPPT).

The WPPT, or WIPO Performances and Phonographs Treaty, On December 20, 1996,
the WIPO member states signed the WIPO Performances and Phonographs Treaty
(WPPT). WPPT improves the value of intellectual property rights of Phonograph
producers and performers. Vinyl records, tapes, CDs, digital audiotapes, MP3s, and
other sound recording storage devices are all considered Phonographs.The WPPT
grants performers financial rights over their Phonographic is fixed performances.
Additionally, it gives actors moral control over these performances. The creators of

4
 Phonographs, however, are only given economic rights to them.The WPPT has 86
countries as parties. (techopedia, n.d.)42

he WIPO Performances and Phonograms Treaty (WPPT), also known as the Beijing
Treaty on Audiovisual Performances, is an international treaty administered by the
World Intellectual Property Organization (WIPO). It was adopted on June 20, 2012,
and entered into force on April 28, 2020.

The WPPT is designed to address the protection of the rights of performers in their
audiovisual performances, as well as the rights of producers of phonograms (sound
recordings). Here are some key aspects of the treaty.

Protection of Performers the WPPT grants performers certain exclusive rights with
respect to their live or recorded performances, such as actors, musicians, dancers, and
other individuals who perform in audiovisual productions. These rights include the
right to authorize or prohibit the recording, broadcasting, or other communication to
the public of their performances.

Protection of Producers of Phonograms the treaty also provides protection for the
rights of producers of phonograms (sound recordings). This includes the exclusive
right to authorize or prohibit the reproduction and distribution of phonograms.

Moral Rights the WPPT includes provisions related to the moral rights of performers,
allowing them to claim authorship and object to any distortion, mutilation, or other
modification of their performances that could be prejudicial to their reputation.

Term of Protection The treaty establishes a minimum term of protection for both
performers and producers of phonograms, which is at least 50 years from the end of
the year in which the performance or phonogram was fixed or the performance took
place.

Limitations and Exceptions other intellectual property treaties, the WPPT allows
member states to establish certain limitations and exceptions to the exclusive rights
granted to performers and producers of phonograms. These exceptions are intended to

42
(techopedia, n.d.) Available at
https://www.techopedia.com/definition/28161/wipo-performances-and-phonograms-treaty-wppt
visited on 03-06-2023.

4
Keyword Performances, Phonographs, Treaty, TRIPS.

4
 balance the interests of rightsholders with the public interest, such as for educational
or research purposes.

Contractual Freedom The treaty respects the principle of contractual freedom,

allowing performers and producers of phonograms to enter into agreements that are
more favorable to them than the rights granted by the treaty.

The WIPO Performances and Phonograms Treaty (WPPT), also known as the Beijing
Treaty on Audiovisual Performances, is an international treaty administered by the
World Intellectual Property Organization (WIPO). It was adopted on June 20, 2012,
and entered into force on April 28, 2020.

The WPPT is designed to address the protection of the rights of performers in their
audiovisual performances, as well as the rights of producers of phonograms (sound
recordings). Here are some key aspects of the treaty

3.6 The Agreement on Trade Related Aspects of Intellectual Property Rights.

An international agreement known as TRIPS was negotiated and signed in 1994 and
is managed by the WTO. TRIPS lays out minimum requirements for many types of IP
protection, including copyright, in WTO members' nations. The Berne Convention
and TRIPS' substantive provisions are not significantly different. The main distinction
is that TRIPS mandates that copyright protection be given to computer programmes
and data compilations by member nations. The Berne Convention mandates the
protection of authors' moral rights, but TRIPS does not. The TRIPS regulations'
necessary remedies are its most significant innovations. Contrary to the Berne
Convention, TRIPS mandates that members offer strong penalties for copyright
violations. Additionally, it establishes a dispute resolution process whereby WTO
member nations can compel other members to uphold their end of the bargain.
Contrary to the Berne Convention, TRIPS is sometimes said to have "teeth. “TRIPS
permits some latitude in how it is put into practise. This adaptability is meant to
Permit developing countries to strike a balance between incorporating general TRIPS
principles and developed concerns

5
 3.7 Regional Agreement.

The main clauses limiting the rights of each nation to create its own copyright laws
are included in the multilateral accords we just discussed. However, several nations
are also a part of regional groups that might affect the laws governing copyright of
their group. The European Union, also referred to as the EU, is the most significant of
these regional organisations. The EU has passed a number of directives pertaining to
copyright law since 1991. (A directive gives each member nation some leeway in how
to accomplish this aim, but it nevertheless requires that they bring their laws into
compliance with its standards by a specific date.) For instance, the Software Directive
mandated that member nations offer copyright protection to software programme
writers, regardless of how innovative .The Rentals Rights Directive the recognition of
"a right to authorise or prohibit the rental and lending of originals and copies of
copyright works" by member nations (eur-lex.europa.eu › legal-content › ENRental,
lending and certain other rights related to copyright in, n.d.)43. The Copyright
Duration Directive mandated that member nations extend copyright protection to the
author's lifetime plus 70. 20 years have been added to the Berne Convention's
minimum term requirement. In order to put the WCT, previously mentioned, into
effect, the contentious Information Society Directive (often referred to as the
Copyright Directive) was passed in 2001. Last but not least, the Resale Rights
Directive requires signatory nations to grant original work of art's creators the right to
compensation upon resale. The new Bangui Agreement, which controls the members
of the African Intellectual Property Organisation (OAPI) (Benin, Burkina Faso,
Cameroon, Central African Republic), was executed in 1999 and came into effect in
2002. It is equally significant for many African nations. Mali, Mauritania, Niger,
Senegal, Chad, and Togo are all in Africa, together with the Congo, Cote d'Ivoire,
Equatorial Guinea, Gabon, Guinea, and Guinea Bissau. With its roots in French
copyright law, Articles 8 and 10 of Annex VII of the Agreement provide a particularly
comprehensive list of moral rights, and Article 9 provides a similarly generous list of
economic rights, which includes the rental right. Then, a large list of exclusions and
restrictions are carved out of those rights in Articles 11 (Module 2: The International
FrameworkThe International Framework of Copyright

43
https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=LEGISSUM:l26030/ (eur-lex.europa.eu › legal-

5
content › ENRental, lending and certain other rights related to copyright in, n.d.)

5
 Law, n.d.)44 21. Articles 11 through 21 then carve out of those rights a long list of
exceptions and limitations. The North American Free Trade Agreement (NAFTA),
signed in 1994 by Mexico, the United States, and Canada, restricts the latitude with
which those three nations may conceive of their intellectual property rules. But in
regard to copyright. NAFTA has virtually limited independent relevance because it
closely resembles the TRIPS Agreement, which was mentioned above, in terms of
legislation in particular. (ipleader, n.d.)45

3.8 Overview Study on Copyright Piracy In India , United State and Japan.

India is thought to have one of the largest entertainment industries in the world. One
of the fastest-growing industries in India, this sector has recently seen a major boost
in growth. According to Section 14 of the Copyright Act of 1957, copyright refers to
the exclusive right to use a work or material as well as the power to create or
authorise the creation of a work. In the current environment, copyright and all other
Intellectual Property Rights (IPR) rights are widely used in the entertainment sector. It
offers legal defence and discourages the development of original works. In the
entertainment sector, copyright serves as a link between the fields of cinema,
photography, sculpture, painting, records, etc. Expressions and works of creativity are
nothing new. phenomena in society, but with the distinction that the protection of
certain words and expressions is now given importance.

Intellectual property rights (IPR) collectively refer to the intangible rights that guard
against and permit the use of such creative works and expressions. The important
component of IPR that safeguards some of the producers' rights for their creative
works is copyright. Film, narrative, music, visual art, and literary works all fall under
this category. Such works require protection against market piracy. However, keeping
track of all instances of copyright infringement is extremely difficult nowadays. In the
entertainment sector, copyright infringement poses a risk to artistic creations and

44
(Module 2: The International FrameworkThe International Framework of Copyright Law, n.d.)
Available at https://cyber.harvard.edu/copyrightforlibrarians/Module_2:_The_International_Framework
visited on 19-08-2023 00:20:23
45
(ipleader, n.d.)
Available at https://blog.ipleaders.in/regional-trade- agreements/#:~:text=A%20regional%20trade
%20agreement%20is,to%20a%20regional%20trade%20agreemen t.visited on 03-06-23

5
 expressions. Piracy is the illegal use of a producer's original, copyright-protected
work. According to the movies, India is the world's greatest centre for video and audio
piracy. It's thought that the In 2022, copyright infringement will cost the worldwide
entertainment sector, represented by online platforms, around 51.6 billion US dollars.
It is widely believed that India's poor intellectual property rights (IPR) laws are to
blame for the country's struggling entertainment sector.

Copyright infringement occurs when someone uses, copies, distributes, displays,

performs, or creates derivative works based on copyrighted material without the
permission of the copyright owner. In the United States, copyright infringement is
governed by the Copyright (linkedin, n.d.)46

Constitution Copyright Infringement.

Valid Copyright the work in question must be eligible for copyright protection and
must be protected by a valid copyright. Generally, works eligible for copyright
protection include literary works, music, films, photographs, software, visual arts, and
other original creative expressions.
a. Copying or Use of Substantial Portions the alleged infringer must have used a
substantial part of the copyrighted work without permission. The determination of
what is considered "substantial" can vary based on the nature of the work and its
importance to the overall copyrighted material.
b. Without Authorization the use or copying of the copyrighted material must be without
the explicit permission or license from the copyright owner or their authorized
representative. (investopedia Copyright Infringement: Definition, Meaning, Example
and Criteria, n.d.)47
c. Distribution or Public Display copyright infringement can occur when the infringing
material is distributed, displayed publicly, performed, or transmitted without proper
authorization.

46
Copyright Infringement: A Catalogue of Unauthorized Doings,Available at
https://www.linkedin.com/pulse/copyright-infringement-catalogue-unauthorized-doings-zeya-ip/
(linkedin, n.d.) visited on 19-08-2023
47
(investopedia Copyright Infringement: Definition, Meaning, Example and Criteria, n.d.) Available at
https://www.investopedia.com/terms/c/copyright-infringement.asp visited on Sunday, 20 August 2023

5
d. commercial or Non-Commercial Use copyright infringement can occur in both
commercial and non-commercial settings. Even if no money is made from the
infringing use, it can still be considered copyright infringement.
e. It's important to note that there are certain exceptions and limitations to copyright
infringement, such as fair use, which allows limited use of copyrighted material for
purposes like criticism, commentary, news reporting, teaching, scholarship, or
research. The determination of fair use involves considering factors like the purpose
and character of the use, the nature of the copyrighted work, the amount used, and the
effect on the potential market for the original work.

Copyright infringement can lead to legal consequences, including damages,

injunctions to stop the infringement, and even criminal charges in some cases. If you
believe your copyright has been infringed upon or if you are accused of copyright
infringement, it's essential to seek legal advice from an attorney with expertise in
intellectual property and copyright law. section 51 of the copyright act.

5
 CHAPTER – 4

COMPARATIVE STUDY

4.1 INTRODUCTION OF JAPAN.

In 2012, a law was established in Japan that made it against the law to download
music and films from the Internet without a licence.

The decision to make these actions illegal and subject them to a prison term of up to
two years was warmly embraced by those who had copyrights. The regulation didn't
go far enough for many others who work in less protected industries, though.

Laws for Entertainment.

One may imagine that movie and music down-loaders have been frequently punished
given that the act of merely downloading films and music has been unlawful in Japan
since 2012 and that this new legislation, which covers manga and other content, has
been rigorously enforced since then.

However, according to Ina, that hasn't been the case since several requirements must
be met before being prosecuted, including evidence of malevolent intent like
persistent and continuous downloading. In reality, no one has been charged with a
crime for merely downloading music or films up to this point.

Common Sense Should Prevail Despite Harsh Penalties

There don't seem to be many grounds for normal Internet users to unduly fear about
the new rule encompassing comics, magazines, and other materials, given that Japan's
authorities have already demonstrated that casual down-loaders won't be arrested over
small-scale downloading of films and music.

5
 4.2.2 Fundamental Legislation.

The fundamental legislation governing media and entertainment is the Act on

Promotion of Creation Protection, and Exploitation of Contents (APCPEC).According
to APCPEC's Article 11, the government must take the necessary steps to preserve
content-related intellectual property rights. The Copyright Act guarantees the
protection of the majority of intellectual property rights in material, independent of
the distinctions between print, broadcast, and internet media. ‘Classic' entertainment
content is nearly wholly protected by the Copyright Act in Japan, which has a
statutory law system where codified statutory laws (legislation) serve as the primary
source of law by copyright act. However, relatively recent entertainment rights like
those to broadcast sporting events, name stadiums, use specific television programme
formats, and use In some circumstances, Press Council of India (PCI) was established
in 1978 (Regulation of media in India - A brief overview, n.d.) 48 court precedent will
uphold legal protection in the absence of a legislation. For instance, despite the fact
that publicity rights are not explicitly stated in laws and regulations, the Supreme
Court of Japan has accepted them as being protected by judicial precedent. Contracts
between private parties are commonly used to settle disputes involving new rights that
are not outlined in statutory laws.

The fundamental legislation governing media and entertainment is the Act on

Promotion of Creation, Protection, and Exploitation of Contents (APCPEC).

According to APCPEC's Article 11, the government must take the necessary steps to
preserve content-related intellectual property rights. The Copyright Act guarantees the
protection of the majority of intellectual property rights in material, independent of
the distinctions between print, broadcast, and internet media.

'Classic' entertainment content is nearly wholly protected by the Copyright Act in

Japan, which has a statutory law system where codified statutory laws (legislation)
serve as the primary source of law by copyright act. However, relatively recent
entertainment rights like those to broadcast sporting events, name stadiums, use
specific television programme formats, and use non-copyrighted data for.In some

48
(Regulation of media in India - A brief overview, n.d.), Available at
https://prsindia.org/theprsblog/regulation-of-media-in-india-a-brief-overview?page=44&per-page=1 visited on
20-Aug-23

5
 circumstances, court precedent will uphold legal protection in the absence of a
legislation. For instance, despite the fact that publicity rights are not explicitly stated
in laws and regulations, the Supreme Court of Japan has accepted them as being
protected by judicial precedent. Contracts between private parties are commonly used
to settle disputes involving new rights that are not outlined in statutory laws.

above might be seen as an effort to reach reasonable findings by carefully weighing

the interests.

In this context, a significant step was taken to combat online insults in Japan on July
7, 2022, when the Criminal Code was amended to include jail sentences as part of
harsher punishments for insults. The modifications, however, have generated debate
because of their claimed effects on free speech.

4.2.3 Japan Entertainment Law.

(OECD (2021), Competition issues concerning news media and digital platforms,
OECD, 2019) Johnny & Associates, Inc.49Notably, in the entertainment industry, the
JFTC issued a cautious warning in 2019 and made reference to the treatment of artists
by two significant entertainment businesses. The influential entertainment company
Johnny & Associates, Inc. Which represents the members of SMAP, a prominent pop
music group, said on July 17th, 2019, that the JFTC was looking into the company
(see the company's press50 statement from July 17, 2019 Report on media
coverage).17 According to certain media, the inquiry was done under the premise that
the company “had put pressure on Television V stations" (quoted from the press
release above) after previous SMAP members ended their business with the company.

Around July 2019, numerous media outlets claimed that the significant entertainment
company Yoshimoto Kogyo KK had not signed an agreement for the company to be
the exclusive manager of any celebrities.

49
Johnny & Associates, Inc. (OECD (2021), Competition issues concerning news media and digital platforms,
OECD, 2019), Available at
https://www.oecd.org/daf/competition/competition-issues-concerning-news-media-and-digital-platforms-
2021.pdf visited on 14-07-2023
50
Available at
https://www.everycrsreport.com/files/2021-10-06_R42784_06e6d972138d7970894a339579720f940ebc27,
17.pdf visited on 04-06-2023

5
 (Adachi, 2019)51

In a news conference on July 24, 2019, the JFTC Secretary General stated that "acts
that may pose a problem under the Antimonopoly Act, such as the abuse of a superior
bargaining position," might be triggered in situations where the terms of an agreement
were unclear since there had been no contract. The JFTC stated that this statement
was unrelated to any specific instance, though. (n a November 19, 2019speech in
Manila, Secretary of Defense Mark Esper reportedly stated that the United States had
conducted “more freedom of navigation , n.d.)52

4.2.4 Digital Content.

With laws pertaining to the use of websites and applications for pirating intellectual
works, the Act for Partial Amendment to the Copyright Act and the Act Concerning
Special Provisions on the Registration of Works of Computer Programming
(Amended Copyright Act) was adopted in June 2020.

Before these changes, the Copyright Act forbade (1) downloading music or videos
while knowing they had been unlawfully posted, and (2) posting works to the internet
without a copyright owner's consent.20 Regarding point (2), the restriction did not
apply to comics or some other kinds of protected works; it only applied to music and
video.

 providing links to unlawfully uploaded works, including infringements, on leech

websites or leech applications, which, among other things, makes it easier for others
to utilise infringements.
 ignoring link information supplied by a leech site or app provider and neglecting to
remove the connection while having the ability to do so;

51
Yoshimoto Kogyo KK (Adachi, 2019) Available at
https://thelawreviews.co.uk/title/the-media-and-entertainment-law-review/japan visited on 03-06-2023
52
(n a November 19, 2019speech in Manila, Secretary of Defense Mark Esper reportedly stated that the
United States had conducted “more freedom of navigation , n.d.)Available at
https://www.everycrsreport.com/files/2021-10-06_R42784_06e6d972138d7970894a339579720f940ebc27,
17.pdf visited on 03-06-2023

5
  making leech sites or applications accessible to the general public (running leech sites
or offering leech apps)
 downloading manga and various other copyrighted works while aware that they have
been illegally uploaded (but excluding secondary creations or parodies).
 downloading manga or certain other kinds of copyrighted works—as opposed to
secondary compositions or parodies—constantly or repeatedly while being aware that
they have been illegally posted and meeting specific prerequisites.

Article 1 (19_1246_00_e.pdf, n.d.)53 This Act is intended to protect authors rights and
related rights with regard to works, performances, Phonographs, broadcasts, and
cablecasts. It also aims to ensure that these rights are protected while giving
consideration to the fair exploitation of these cultural products in order to promote
cultural development.

4.2.5 contractual Dispute.

In the Japanese media and entertainment sector, a disproportionately high number of

disagreements occur when material is created before an agreement is reached. A
disagreement over profit-sharing between the parties involved emerges when material
is sold for a profit, while a disagreement over loss-sharing occurs when a project fails
to succeed or the sale of the content is unsuccessful. The absence of a contract
between artists and their exclusive managers outlining the management conditions
and claimed pressure by managers on musicians to engage in exclusive services for
little compensation are other forms of conflicts that have lately become serious. In
situations of this nature, it is questioned whether the Antimonopoly Act has been
violated due to misuse of a superior negotiating position. (66_enforcement.pdfThe
Enforcement of the, n.d.)54

When questioned about the lack of written contracts between major entertainment
talent agencies and entertainers at a press conference on July 24, 2019, the Secretary
General of the JFTC responded that lack of clarity in agreements is a problem in
competition

53
(19_1246_00_e.pdf, n.d.) This Act is intended to protect authors rights and related rights with regard to
works, performances, Available at
https://members.wto.org/crnattachments/2019/IP/JPN/19_1246_00_e.pdf visited on 06-07-2023
54
(66_enforcement.pdfThe Enforcement of the, n.d.), Available at
https://www.jpo.go.jp/e/news/kokusai/developing/training/textbook/document/index/66_enforcement.pdf

6
20-08-2023 visited on 25-07-2023

6
 policy and under the Antimonopoly Act because it could result in behaviour like
abusing a superior bargaining position. It is vital to look into what was agreed upon
verbally between the parties in the absence of a contract. However, as there is no
independent record, it is frequently challenging to demonstrate this. In situations like
this, it is customary to apply industry best practises in addition to the agreement.
However, the problem of what is accepted practise may frequently arise between the
parties, leading to lengthy and significant disagreement.

Because many parties fear that public knowledge of their dispute will lead to
reputational damage, private settlement negotiations are preferred over court
proceedings, which are open to the public in principle.

If a dispute cannot be settled through settlement negotiations outside court

proceedings, it may be settled through litigation or judicial mediation. (The Media and
Entertainment Law Review: Japan, n.d.)55 However, in some cases, disputes will be
further protracted because a court that is unfamiliar with standard practice in the
media and entertainment industry will struggle to determine the nature of the standard
(The Law Reviews , n.d.)56.

4.2.6 The bill to amend the copyright Act could be submitted at the 2023 session of the
diet (The Law Reviews , n.d.)57

The Intellectual Property Promotion Plan 2022 was released by the government's
Intellectual Property Strategy Headquarters on June 3, 2022. According to this article,
lowering the cost of obtaining copyright rights clearances is required to enhance the
return of pay to authors, encourage the expansion of the content business, and make it
simpler for people to develop and use material. Additionally, it adds that a measure to
alter the Copyright Act would be introduced during the Diet's 2023 session in order to

55
If a dispute cannot be settled through settlement negotiations outside court proceedings, it may be settled
through litigation or judicial mediation (The Media and Entertainment Law Review: Japan, n.d.), Available at
https://thelawreviews.co.uk/title/the-media-and-entertainment-law-review/japan visited on 28-07-2023
56
(The Law Reviews , n.d.) is unfamiliar with standard practice in the media and entertainment industry will
struggle to determine the nature of the standard,Available at https://thelawreviews.co.uk/
visited on 02-06-2023
57
(The Law Reviews , n.d.) The bill to amend the copyright Act could be submitted at the 2023 session of the
diet, Available at https://thelawreviews.co.uk/title/the-media-and-entertainment-law-review/japan
visited on 23-07-2023

6
 provide streamlined and uniform processes for processing rights clearances (such as
those for making works of unknown rights holders available). As a result, during the
Diet's 2023 session, a measure to modify the Copyright Act to permit the usage of
copyrighted works to increase

Article 2 (1)

(i) "work" is defined as an original, creative expression of ideas or feelings in the fields
of literature, academia, the arts, or music.
(ii) An "author" is someone who produces a piece; “Performing" in this context refers to
giving a dramatic.
(iii) performance of, providing a theatrical performance of, dancing, providing a musical
performance of, singing, delivering, or otherwise giving a performance of a work is
referred to as "performing" (as are analogous behaviors that do not include the
performance of a work but have the characteristics of a performing art);
(iv) "performer" refers to any performer, including an actor, dancer, musician, singer, or
anybody who directs or stages a show;
(v) "Phonograph" refers to the fixation of sounds on a tangible item, such as a
phonograph disc or recording tape (apart from sounds meant to be played only in
conjunction with visuals);
(vi) The first individual to fix the sounds that have been fixed in a Phonograph is referred
to as the "producer of a Phonograph.
(vii) A duplicate of a Phonograph created with a view to commercial distribution is
referred to as a "commercial Phonograph.
(viii) The term "transmission to the public" refers to the act of sending wireless
communications or wired telecommunications with the intention of enabling the
public to receive them directly, with the exception of transmissions made using
telecommunications equipment, one part of which is installed on the same premises as
the other parts (or, excluding, if two or more persons occupy the same premises,
transmissions made using telecommunications equipment that is used to transmit a
work of single person occupied .
(ix) "Broadcasting" is the act of distributing wireless communications to the general
populace with the intention of enabling simultaneous reception of transmissions of the
same content

6
(x) A "broadcaster" is a person who broadcasts as part of their line of work
"Cablecasting" is the practise of distributing wired telecommunications to the general
public with the aim of enabling simultaneous reception of transmissions with the
same content.
(xi) 3 A "cable caster" is a person who broadcasts cable in the course of their employment.
(xii) automatic public transmission" refers to a transmission to a member of the public that
is made automatically in response to the member's request, but does not include
broadcasts or cable (law insider, n.d.)58.

4.2.7 Derivative work.

The rights of the author of the original work are not affected by Article 11's protection
of a derivative work under this Act.

Article 12 (1) (Compilations) A compilation that, due to the selection or arrangement

of its elements, forms an intellectual production is protected as a work (with the
exception of a compilation that creates a database; the same applies hereafter).

(2) The rights of the author of a work that is included in the compilation mentioned in
the preceding paragraph are unaffected by the requirements of that paragraph.

Article 12-2 (1) (Database Works. A database is protected as a work if it was created
as a result of the careful selection or methodical construction of the information it
contains.

(2) The aforementioned paragraph's requirements do not interfere with the author's
rights of a work included in the database mentioned in that paragraph.

Work not subjected to copyright. The works listed below are exempt from the
restrictions set out in this Chapter:(i) the Constitution as well as additional laws and
rules.

(ii) by a national or local government agency, an independent administrative agency

(i.e., an administrative agency that is incorporated and is mentioned in Article 2,

58
(lawinsider , 2003) a transmission to a member of the public that is made automatically in response to the
member's request, but does not include broadcasts or cable,

6
Available at https://www.lawinsider.com/dictionary/automatic-public-transmission visited on 05-06-2023

6
 The or other comparable organisations that issue notifications, instructions, circular
notices, and other similar documents. either a local independent administrative agency
(i.e., a local incorporated administrative agency as defined in Article 2.

(1) The LIAA Act (Act No. 118 of 2003; the same applies hereinafter), or the Act
on General Rules for Independent Administrative Agencies (Act No. 103 of 1999;
the same applies hereinafter) (CRIC, n.d.)59

(iii) rulings and decisions rendered by administrative bodies in quasi-judicial

processes, as well as judgements, decisions, orders, and decrees of the courts;

(iv) translations and compilations of the content from the first three items, produced
by a national or local government agency, an independent administrative agency, or
a local independent administrative agency.

4.2.8 Authorship of Cinema graphic.

The author of a cinema work is the person who, other than the author of a novel,
scenario, music, or other work that is adapted into or reproduced in the
cinematographic work, makes a creative contribution to the overall shaping of the
work through responsibility for its making, bearing, staging, shooting, art direction
(CRIC, n.d.).60

Exhibition of an Artistic Work by the Owner of the Original) Article 45 (1) An artistic
work or photographic work may be publicly shown by the owner of the original copy
or by a person who has been granted permission to do so.

(2) If the original copy of an artistic work is permanently put on a roadway, in a park,
or in any other publicly accessible outdoor site, or on the outside wall of a building or
other prominent position, the rules of the previous paragraph do not apply. ARTICLE
25, ARTICLE 26-2 ,26-3

59
(CRIC, n.d.) Act on General Rules for Independent Administrative Agencies (Act No. 103 of 1999; the same
applies hereinafter, Available at
https://www.cric.or.jp/english/clj/cl2.html visited on 12-08-2023.
Keyword Authorship,cinemagraphic, government, administrative agency, United State.
60
The author of a cinema work is the person who, other than the author of a novel, scenario, music, or other
work that is adapted into or reproduced in the cinematographic work, makes a creative contribution to the
overall shaping of the work through responsibility for its making, bearing, staging, shooting, art direction (CRIC,
n.d.), Available at

6
https://www.cric.or.jp/english/clj/cl2.html visited on 09-08-2023

6
 ARTICLE 29

The copyright to a cinematographic work belongs to the producer of the

cinematographic work if the author of the cinematographic work (apart from a cine-
motographic work to which the provisions of Article 15, paragraph (1), the following
paragraph, or paragraph (3) of this Article apply) has guaranteed the producer of the
cinematographic work that the author will take part in its production.

4.3.1 Introduction of United State Copyright Law.

The U.S. Copyright Act, codified in 17 U.S.C. 101–810, is a federal law that
safeguards writers' written works. Take note that the meaning of the word "writings"
has expanded significantly as a result of technological breakthroughs. Architectural
design, software, graphic arts, motion pictures, sound recordings, and other fields are
now covered by the Copyright Act. Regardless of whether they were produced before
or after that date, published or unpublished, all works of authorship fixed in a tangible
medium of expression and falling within the subject matter of copyright were
presumed to come under the exclusive authority of the Copyright Act.

Original works of authorship fixed in any physical medium of expression that can be
viewed, reproduced, or otherwise conveyed, either directly or with the help of a
machine or device, are protected by copyright under Section 102.

Derivative Work U.S.

According to Sec 106, the owner of a copyright has the only authority to develop
derivative works that are based on the original work and to reproduce, distribute,
perform, and display them.

FAIR WORK

The notion of "fair use" may place restrictions on the copyright owner's exclusive
rights under Sec 107. A copyrighted work may be used lawfully for purposes like
criticism, commentary, news reporting, teaching, scholarship, or research. Courts
utilise the multi-factor balancing test from 107 to decide whether a specific use is
permissible.

6
 4.3.2 Limitation Of Copyright.

Any concept, principle, system, method of operation, technique, or invention is not

protected by the copyright. For instance, if a book is published outlining a novel
method of bookkeeping, the copyright protection only covers the author's description
of the method; the method itself is not protected. According to Baker v. Selden, 101
U.S. 99 (1879), this viewpoint was held.

(SSRN The Story of Baker V. Selden: Sharpening the Distinction between Authorship
and Invention, 1880)61

A work must have a minimum level of originality in addition to being independently

created by the author to be eligible for copyright protection. The Supreme Court ruled
in Feist Publications v. Rural Telephone Service, 499 U.S. 340 (1991), (supreme court
of the united state, 1991) 62
landmark judgment that a work must possess "some
minimal degree of creativity.”. Thus, while a simple list of data points arranged
alphabetically is not protected, other original elements of the work, such as the page
layout, style, structure, or even the precise selection of data points, may be. This
emphasizes that only certain arrangements or presentations of information are subject
to copyright; information itself is not.

4.3.3 . Copyright Registration.

The Copyright Act of 1976 states that copyright registration is optional and is
permitted at any point throughout the period of protection. See § 408. A copyright
infringement lawsuit cannot be filed under Section 411 until the copyright has been
legally registered

61
(SSRN The Story of Baker V. Selden: Sharpening the Distinction between Authorship and Invention, 1880)
Available at, https://www.supremecourt.gov/search.aspx?Search=Baker+V.+Selden&type=Site
visited on 06-06-2023
keyword DERIVATIVE, LIMITATION, FAIR WORK.
62
Publications v. Rural Telephone Service (supreme court of the united state, 1991)
Registration is not necessary for the deposit of copies with the Copyright Office for use by the Library of
Congress.Available at. https://www.supremecourt.gov/search.aspx?Search=Publications+v.
+Rural+Telephone+Service&type=Site Visited on 28-06-23

6
 with Copyright Office, even though registration with the Copyright Office is not a
requirement for protection.

4.3.4 Deposit Notice.

Registration is not necessary for the deposit of copies with the Copyright Office for
use by the Library of Congress. A civil penalty may be imposed under 407 for failure
to comply with the deposit obligation within three months of the protected work's
release. Certain types of content may not be subject to the deposit obligation,
according to the Register of Copyrights.

4.3.5 Copyright Notice.

As part of the Berne Convention for the Protection of Literary and Artistic Works, the
United States joined in 1989. For works published after March 1, 1989, copyright
notice is no longer a prerequisite for protection in conformity with the Berne
Convention's provisions. Only copies of publicly disseminated works distributed after
March 1, 1989, are subject to this modification to the notification requirement.Lack of
notice, however, could be an important consideration when assessing the strength of
an innocent infringement defence. See section 401(d).

infringers and clarifies the copyright owner's rights. It can also help in cases of
copyright infringement litigation, as it establishes when the work was first published
and who the owner is.

International Symbol Variations

The © symbol is widely recognized internationally, but some countries may use
variations of it. In the United Kingdom, for instance, you might see "(c)" or "Copr."
used instead of the © symbol.

Creative Commons Notices

If you want to allow certain uses of your work while retaining some rights, you can
use Creative Commons licenses. These licenses are often used for works like
photographs, music, and written content. They provide clear guidelines for how others
can use your work while respecting your rights.

7
 Online Copyright Notices

Remember that while a copyright notice can be helpful, it's not a substitute for
registering your copyright with the appropriate government agency (e.g., the U.S.
Copyright Office in the United States). Registration provides additional legal benefits,
such as the ability to sue for statutory damages and attorney's fees in case of
infringement. Copyright laws and regulations can vary by country, so it's advisable to
consult with a legal professional or copyright expert for specific guidance on your
situation.

4.4.1 Berne Convention.

The regulation requiring copyright registration as a prerequisite to filing a case for

infringement was likewise amended by the Berne Convention. Without first
registering the work with the U.S. Copyright Office, an infringement action can be
brought against works produced in nations that have ratified the Berne Convention.
However, registration is still necessary before launching a lawsuit for works with
American origin.The Copyright Office of the Library of Congress is the government
agency in charge of carrying out the act's administration. See the act's section 701 for
further information. Parts 201 through 204 of title 37 of the Code of Federal rules
include its rules. (NLUA_Journal_of_IPR_vol1_issue1.pdf, n.d.)63

 Federal material
 U.S constitution and federal statutes.
 U.Scopyright act
 Crs annotated constitution
 Federal agency regulation
 Code of federal regulation
 Federal judicial decisions
 Selected historic copyright decision
 Liibulletin oral argument preview
 International Material

63
(NLUA_Journal_of_IPR_vol1_issue1.pdf, n.d.) Available at
https://www.nluassam.ac.in/docs/Journals/IPR/NLUA_Journal_of_IPR_vol1_issue1.pdf visited on 20-08-
2023 13:55:46

7
  Conventions and Treaties
 Berne Convention for the Protection of Literary and Artistic Works (WIPO, n.d.)64
 Universal Copyright Convention
 Convention for the Protection of Producers of Phonographs
 International Convention for the Protection of Performers, Producers
of Phonographs and Broadcasting Organization
s(TREATY AND AGREEMENT MINISTRY OF FOREIGN AFFAIR &
INTERNATIONAL COPRATION, n.d.)65

GATT 1994 (including the Agreement on Trade-Related Aspects of Intellectual

Property) (LEGAL INFORMATION INSTITUTE, n.d.)66

4.4.2 Remedies of Copyright Law In US.

In the United States, copyright law provides various remedies to protect the rights of
copyright owners when their works are infringed upon by others. These remedies aim
to compensate the copyright holder for damages caused by the infringement and deter
others from committing similar violations. Some of the key remedies available under
US copyright law include: The protection of creative works in the literary, artistic,
theatrical, musical, graphic arts, and other fields is fundamentally based on copyright
law. The representation of creative ideas in some concrete media, such as a painting,
marble, high definition digital video tape, 35mm film, etc., is what copyright protects
rather than ideas themselves. The only authority granted by federal law to the author
of a literary or creative work to use, reproduce, and exhibit the work is known as a
copyright. With few exceptions, the author of the work enjoys a limited monopoly on
it and can forbid others from reproducing or exhibiting it. Computer programmes,
music, artwork, and literature are all protected by copyright laws. A literary, artistic,
dramatic, audio-visual, musical, or computer program's copyright grants the only right
to use or reproduce the work for the creator's lifetime plus an additional 50 years. If a

64
(WIPO, n.d.) Berne Convention for the Protection of Literary and Artistic Works, Available at
https://www.wipo.int/portal/en/index.html visited on 19-08-2023 18:13
65
(Module 2: The International FrameworkThe International Framework of Copyright Law, n.d.) Available at
https://www.mfaic.gov.kh/Archive/Treaty%20and%20Agreement visited on 19-08-2023 18:18:58
66
(LEGAL INFORMATION INSTITUTE, n.d.) Available at
https://www.law.cornell.edu/wex/copyright visited on 19-08-2023 18:23:11
Keywords intellectual property ,copyright infringement,copyright law,Copyright Act

7
 work is a "work made for hire," it was produced by an individual who was hired
especially for that purpose. The copyright can be registered by the work's creator's
employer, who is then granted protection for 100 years from the date of creation or 75
years from the date of publication, whichever is shorter. After a copyright expires, the
work is no longer protected and enters the public domain. Additionally, federal
government-produced works are in the public domain. Copyrights are acquired only
by producing the work. On the day it is created, it automatically comes into being.
However, you must submit two copies of the work to the Copyright Office in
Washington, D.C. in order to obtain government protection for a copyright.

Action restrictions Criminal proceedings (7a).No criminal process may be maintained

under the terms of this section, unless specifically stated otherwise in this title, unless
it is initiated within 5 years of the cause of action's emergence.Civil actions must be
filed within three years of the date the claim arose in order to be. (copyright.gov us
copyright office, n.d.)67

Stevens v. Gladding 1856 (justia u.s s.c, 1856)68

Duplicate of the work.

Create a derivative work from the original piece, such as a script.

Disseminate copies or recordings of the work; and, in the case of paintings,

sculptures, and photos, exhibit the work in public.

The purpose of copyright law is to encourage innovation by allowing the author to

make money off of their creations. The Act aims to strike a compromise between the
public's demand for free speech and the author's need for protection. A copyright
holder has the only authority to.

67
(copyright.gov us copyright office, n.d.) Available at
https://www.copyright.gov/title17/92chap5.html# visited on 23-07-23
68
Stevens v. Gladding (justia u.s s.c, 1856) Available at
https://supreme.justia.com/cases/federal/us/60/64/ visited on 23-07-23

7
1. Injunctions A copyright owner can seek a court order to prevent the infringing
party from continuing to use or distribute their copyrighted work. Injunctions are
intended to stop the unauthorized use as quickly as possible.

2. Actual Damages The copyright owner may be awarded actual damages, which are
the financial losses suffered due to the infringement. This could include lost profits or
the actual amount the infringement gained from using the copyrighted work.

3. Statutory Damages In some cases, the copyright owner may be eligible for statutory
damages, which are predetermined amounts set by the court. The advantage of
statutory damages is that they don't require the copyright owner to prove the actual
losses, making it easier to pursue infringement cases. The amount of statutory
damages can vary depending on the circumstances but may range from hundreds to
thousands of dollars per work infringed.

4. Attorney's Fees If successful in the infringement claim, the copyright owner may be
entitled to recover their reasonable attorney's fees and court costs from the infringing
party. This provision encourages copyright holders to enforce their rights, even in
cases where the damages might be relatively small.

5. Seizure and Impoundment: In cases of willful, copyright infringement, the court

may authorize the seizure and impoundment of infringing copies, as well as materials
and equipment used to create them.

6. Actual Profits In certain situations, the copyright owner may be entitled to recover
the profits the infringe earned as a result of the infringement.

7. Criminal Penalties: In addition to civil remedies, copyright infringement can also

lead to criminal penalties, particularly in cases of willful and large-scale piracy.
Criminal penalties may include fines and imprisonment.

It's important to note that the remedies available under copyright law can vary
depending on the specific circumstances of each case, and copyright owners should
seek legal counsel to understand their options and the best course of action to protect
their rights. Additionally, the Digital Millennium Copyright Act (DMCA) provides

7
 specific provisions for online copyright infringement and the takedown of infringing
content on internet platforms.

4.4.3 Entertainment law in United States

Entertainment law in the United States is a specialized area of law that deals with
legal issues related to the entertainment industry. It encompasses a wide range of legal
matters involving various forms of entertainment, including film, television, music,
theater, sports, gaming, and more. Here are some key aspects and topics that fall
under entertainment law in the US, (LEXOLOGY, n.d.)69

Intellectual Property Rights: Protection and enforcement of copyrights, trademarks,

patents, and trade secrets for creative works, such as music, movies, TV shows,
scripts, books, video games, and other artistic creations. Contract Law Drafting,
negotiating, and reviewing contracts between entertainment industry professionals,
including actors, directors, producers, writers, musicians, agents, studios, and
distributors.Talent Representation: Legal representation for artists, performers, and
athletes by agents, managers, and lawyers, including issues related to talent contracts,
negotiations, and disputes.

Media Law Addressing legal matters related to freedom of

speech,defamation,privacy, and publicity rights in the context of media, including
publishing, broadcasting, and online platforms.Licensing and Merchandising:
Negotiating licensing deals for the use of intellectual property in various products and
merchandising ventures.Digital Media and Technology: Addressing legal challenges
related to online content distribution, streaming, digital rights management, and
intellectual property in the digital age.First Amendment Rights: Protecting the right to
freedom of speech and expression for artists and media professionals, while also
understanding the limits of those rights.Production and Distribution Agreements:
Negotiating contracts between production companies, distributors, and networks
regarding the financing, production, and distribution of entertainment content. Music
Law: Specialized legal issues for musicians, songwriters, producers, and record
labels, including music publishing, recording contracts, and

69
(LEXOLOGY, n.d.) Available at
https://www.lexology.com/library/detail.aspx?g=6012a95c-63e3-4020-99d9-a1fa9839d315

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visited on 05-06-2023

7
 licensing agreements. Film and Television Financing: Advising on financing and
investment deals for film and television projects. Litigation and Dispute Resolution:
Representing clients in entertainment-related lawsuits, including copyright
infringement, breach of contract, and royalty disputes. (justia, n.d.)70

Entertainment law can be complex and dynamic, as it often involves a mix of federal
and state laws, industry-specific regulations, and contractual agreements. Lawyers
specializing in entertainment law work closely with artists, agents, studios, and other
industry stakeholders to protect their legal rights and ensure compliance with
applicable laws and regulations.

4.4.4 Entertainment law, Overview and Information.

Includes legal disciplines such contract law, intellectual property law, copyright,
trademark law, and book publishing. First Amendment law, telecommute law, sports
law, and other facets of intellectual property law are all related legal fields. In the
entertainment sector, the personal service agreement is a key legal document. This
contract is negotiated between an artist and the business that produces, advertises, and
offers the artist's products or services. The deal frequently obligates the artist to
produce just for one business for a predetermined amount of time. Due to the
limitations placed on artists' freedom to perform or produce for other organizations,
personal service agreements are frequently restricted by legislation and are frequently
the focus of legal disputes.A rights agreement is frequently bundled-using a private
service contract. It is common for the agreement to specify that any work produced by
the artist while it is in effect is a work for hire. The employer frequently acquires
automatic ownership of the copyright to the artist's work in a work for hire scenario.
A work for hire must fit into specific categories specified by copyright law and the
artist must either be an employee of the business or produce the work under a legal
contract for it to qualify as one.

The employer frequently acquires automatic ownership of the copyright to the artist's
work in a work for hire scenario. A work for hire must fit into specific categories
specified by copyright law and the artist must either be an employee of the business or

70
(justia, n.d.) Available at

7
https://www.justia.com/entertainment-law/ visited on 12-07-0-23

7
 produce the work under a legal contract for it to qualify as one (American University
Washington College of law, n.d.)71.

An agreement known as a licence is how an artist or copyright holder transfers their

ownership of certain rights to another party. For instance, an author may give a film
studio permission to adapt a novel into a screenplay. A licence outlines the sum or
royalty to be paid to the artist, the precise parameters for using the copyrighted
content, and the duration of the company's permission to use the work. use the
material, and subject to such other restrictions as the parties may specify in the
licence. The entertainment business is specifically covered by provisions in U.S.
copyright law. For instance, a licensee who records a song under a compulsory
licence is expected to abide by severe legal requirements for notifying the copyright
owners of its usage and disclosing sales and royalties.A compulsory licence, which
arises when a song's copyright owner has previously given someone permission to
record a song or if the songwriter has recorded and commercially released a recording
of the song, requires that holder to grant a licence to anyone else who wants to record
that song. Congress determines the cost of a mandatory licence; it is then periodically
adjusted for inflation. Traditional entertainment legal difficulties have grown as a
result of technological advancement and digital publishing. For instance, the worth of
digital download rights and how they will play a bigger role in recording contract.
Bennett, Coleman & Company Limited & Anr. Vs. Mr. Ajay Kumar & Ors., CS(COMM)
21/2019. (BananaIP, 21/2019)72

Entertainment attorneys deal with things like licencing, sponsorship/endorsement

agreements, contract negotiations, and more. In addition, the majority of lawyers who
work in this field offer comprehensive tax and estate planning

71
(American University Washington College of law, n.d.) Available at
https://pathways.wcl.american.edu/path/intellectual-property-sports-and-entertainment-law-and-
communications-law/ visited on 23-07-23
72
(BananaIP, 21/2019) Bennett, Coleman & Company Limited & Anr. Vs. Mr. Ajay Kumar & Ors, Available at
https://www.bananaip.com/ip-news-center/summary-of-indian-copyright-and-entertainment-law-cases-of-

7
2019/ visited on 15-07-2023

8
 4.4.5 Copyright and the entertainment industry law in India.

Introduction.

India is thought to have one of the largest entertainment industries in the world. One
of the fastest-growing industries in India, this sector has recently seen a major boost in
growth. According to Section 14 of the Copyright Act of 1957, copyright refers to the
exclusive right to use a work or material as well as the power to create or authorize
the creation of a work. In the current environment, copyright and all other Intellectual
Property Rights (IPR) rights are widely used in the entertainment sector. It offers legal
defence and discourages the development of original works. In the entertainment
sector, copyright serves as a link between the fields of cinema, photography,
sculpture, painting, records, etc. Expressions and works of creativity are nothing new.
phenomena in society, but with the distinction that the protection of certain words and
expressions is now given importance. (Copyright issues related to the entertainment
industryLAWBHOOMI, n.d.)73

Copyright Infringement.

Copyright infringement occurs when someone uses, copies, distributes, displays,

performs, or creates derivative works based on copyrighted material without the
permission of the copyright owner. Infringement can take various forms and occurs
when certain elements are present

1. Valid Copyright For copyright infringement to exist, the original work must be
eligible for copyright protection and must be protected by a valid copyright.
Generally, works eligible for copyright protection include literary works, music,
films, photographs, software, visual arts, and other original creative expressions.

2. Copying or Use of Substantial Portions The alleged infringed must have used a
substantial part of the copyrighted work without permission. The determination of
what

73
(Copyright issues related to the entertainment industryLAWBHOOMI, n.d.)
https://lawbhoomi.com/copyright-issues-related-to-the-entertainment-industry/

8
 is considered "substantial" can vary based on the nature of the work and its
importance to the overall copyrighted material. (LEGALZOOM, n.d.)74

3. Without Authorization The use or copying of the copyrighted material must be

without the explicit permission or license from the copyright owner or their
authorized representative. Unauthorized use is a key element of copyright
infringement.

4. Distribution or Public Display Copyright infringement can occur when the

infringing material is distributed, displayed publicly, performed, or transmitted
without proper authorization.

5. Commercial or Non-Commercial Use: Copyright infringement can occur in both

commercial and non-commercial settings. Even if no money is made from the
infringing use, it can still be considered copyright infringement.

It's important to note that there are certain exceptions and limitations to copyright
infringement, such as fair use, which allows limited use of copyrighted material for
purposes like criticism, commentary, news reporting, teaching, scholarship, or
research. The determination of fair use involves considering factors like the purpose
and character of the use, the nature of the copyrighted work, the amount used, and the
effect on the potential market for the original work.

Copyright infringement can lead to legal consequences, including damages,

injunctions to stop the infringement, and even criminal charges in some cases. If you
believe your copyright has been infringed upon or if you are accused of copyright
infringement, it's essential to seek legal advice from an attorney with expertise in
intellectual property and copyright law.

Copyright laws have a profound impact on the media industry, shaping the way
content is created, distributed, and consumed. These laws provide legal protection to
creators, content producers, and media companies, ensuring they have the exclusive
rights to

74
(LEGALZOOM, n.d.) Available at

8
https://www.legalzoom.com/articles/copyright-infringement-and-substantial-similarity
visited on 20-08-2023 14:04:35.
Keyword Digital Media ,Streaming Platforms, infringement, Licensing.

8
their original works. The impact of copyright laws on the media industry can be seen
in various aspects:

1. Content Creation and Innovation Copyright laws incentive creativity and

innovation in the media industry. Knowing that their works will be protected, creators
are motivated to invest time, effort, and resources into producing original and high-
quality content, including movies, TV shows, music, books, and video games.

2. Content Distribution and Licensing Copyright laws play a central role in content
distribution and licensing deals. Media companies can license their copyrighted works
to various platforms, broadcasters, and streaming services, allowing for widespread
distribution and generating revenue through licensing fees.

3.Piracy and Anti-Piracy Efforts the media industry faces significant challenges from
piracy, where copyrighted content is unlawfully copied, distributed, or streamed
without permission. Copyright laws provide a legal basis for combating piracy and
protecting the rights of content creators and copyright holders.

4.Digital Media and Streaming Platforms With the rise of digital media and streaming
platforms, copyright laws have adapted to address issues such as digital rights
management (DRM), online piracy, and licensing agreements for digital distribution.

5.Fair Use and Parody: Copyright laws include provisions for fair use, allowing
limited use of copyrighted material without permission for purposes such as criticism,
commentary, news reporting, education, and parody. This balance ensures that
copyright protection coexists with freedom of expression and access to creative works
for certain purposes.

6.International Protection: Copyright laws extend to many countries through

international treaties, promoting global protection of creative works. This enables
media companies to enforce their rights globally and facilitates international
distribution and licensing of content.

7.Creative Collaboration: Copyright laws establish ownership and rights allocation in

joint works, ensuring clarity and fairness in creative collaborations involving multiple
creators.

8
 8.Historical Preservation: Copyright laws impact the preservation and archiving of
cultural and historical works, safeguarding significant contributions to the media
industry for future generations.

9.Revenue Generation and Business Models: Copyright laws are integral to the media
industry's revenue models. By protecting content, copyright laws facilitate revenue
generation through ticket sales, subscriptions, merchandise, and other revenue
streams.

10. Media Regulation and Censorship In some cases, copyright laws may intersect
with media regulation and censorship, as certain content may be subject to copyright
restrictions or limitations based on local laws and regulations (encyclopedia.com,
n.d.)75.

4.4.6 Interpretation of Copyright Infringement by Indian Court.

The criteria for testing and determining which works can be protected under Indian
copyright law have been set down by Indian courts. Additionally, it is noted that an
owner can only seek infringement damages for certain particular works The Apex
court in R.G. Anand v. M/s Deluxe Films (1978) expressed the following opinions
about copyright infringement. Infringement of the copyright in such circumstances is
restricted to the expression and arrangement utilized by the creator of the copyrighted
work, and one cannot assert copyright on an idea, subject, storyline, theme, or
historical facts.It is conceivable for the same concept to be developed in a different
way; the source is believed to be well-known and it is The criteria for testing and
determining which works can be protected under Indian copyright law have been set
down by Indian courts. Additionally, it is noted that an owner can only seek
infringement damages for

R.G. Anand v. M/s Deluxe Films (1978) (R.G. Anand v. M/s Deluxe Films (1978,
1978)76

75
(encyclopedia.com, n.d.) Available at
https://www.encyclopedia.com/social-sciences/encyclopedias-almanacs-transcripts-and-maps/censorship- and-
regulation-expression visited on 03-05-2023

8
76
(R.G. Anand v. M/s Deluxe Films (1978, 1978) Available at
https://lawtimesjournal.in/r-g-anand-vs-m-s-delux-flims-and-others/#_edn5
visited on 20-08-2023 14:18:05

8
 N.T. Raghunathan& Anr. v. All India Reporter Ltd., Bombay. (N.T. Raghunathan&
Anr. v. All India Reporter Ltd., Bombay, 1982 BOM)77

(Symbiosis Law School, 1978 Air 1613)78

Infringement of the copyright in such circumstances is restricted to the expression and

arrangement utilized by the creator of the copyrighted work, and one cannot assert
copyright on an idea, subject, storyline, theme, or historical facts.

It is conceivable for the same concept to be developed in a different way; the source is
believed to be well-known and it is If both works are undeniably of the view that the
latter work looks to be a pirate of the original one, then it may be a case of copyright
infringement.

Where the concept of the work looks to be the same but is represented differently and
constitutes a new work, there is no problem of copyright infringement.If it is
established that the similarities between the two works are coincidental and not
intentional, the issue of copyright infringement won't come up.

Bombay H,C case law, the laid down with two guidelines the case of copyright
infringement.

ZEE TELE FILMS V. SUNDIAL COMMUNICATION PVT 2003

(lawinsider , 2003)79

77
(N.T. Raghunathan& Anr. v. All India Reporter Ltd., Bombay, 1982 BOM) Available at
https://lawtimesjournal.in/r-g-anand-vs-m-s-delux-flims-and-others/#_edn5 visited on 16-08- 2023
78
R.G. Anand v. M/s Deluxe Films (1978 (Indian Journal of Law and Legal Research) Available at
https://www.ijllr.com/post/r-g-anand-vs-m-s-delux-films-ors-1978-air-1613-applicability-in-the-present-time
visited on17-08-2023

79
Zee Telefilms Ltd. V. Sundial Communications Pvt. Ltd. (2003) (lawinsider , 2003)
https://www.lawinsider.in/judgment/landmark-judgement-zee-telefilms-ltd-v-sundial-communications-pvt- ltd-
2003 17-08-2023 20:50:32

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4.5.1 Piracy In India.

1. The film and music industries in India have been particularly affected by piracy.
Pirated copies of newly released movies and music albums are often made available
through illegal websites, street vendors, and unauthorized streaming platforms. Online
Piracy With the rise of the internet, online piracy has become a significant concern.
Illegal websites and torrent platforms facilitate the unauthorized downloading and
sharing of copyrighted content, leading to substantial revenue losses for the
entertainment industry. The software industry in India faces issues related to piracy,
with unlicensed software being widely distributed and used in businesses, educational
institutions, and households. Enforcement of copyright laws has been a challenge in
India. Weak enforcement mechanisms, delays in legal proceedings, and limited
resources have hindered efforts to combat piracy effectively. cording, the act of
recording movies using handheld devices in cinema halls, remains a major source of
piracy in India. These recordings are often leaked online soon after a movie's release,
affecting box office revenues.
2. Physical Piracy: Street vendors and small shops have been known to sell pirated
DVDs, CDs, and books, making it easier for consumers to access copyrighted content
without proper authorization.
3. Impact of revenue Street vendors and small shops have been known to sell pirated
DVDs, CDs, and books, making it easier for consumers to access copyrighted content
without proper authorization.
4. Impact on Revenue: Copyright piracy has a significant impact on the revenue streams
of content creators and copyright owners. It deprives them of legitimate income and
discourages investment in new creative projects.
5. Anti-Piracy Measures The Indian government and industry bodies have taken various
measures to combat piracy, including the blocking of infringing websites, conducting
raids on piracy syndicates, and raising awareness about the harmful effects of piracy.
6. Digital Streaming Platforms: The growth of digital streaming platforms in India has
provided legal alternatives for content consumption. The availability of affordable and
accessible content on these platforms has helped curb piracy to some extent.
7. Legal Reforms India has made efforts to strengthen its copyright laws. The Copyright
Act of 1957 was amended in 2012 to address some of the challenges posed by digital
piracy and provide stronger protection to copyright owners.

8
 4.5.2 Offenses and Penalties.

According to the 1957 Indian Copyright Act, incidents of copyright infringement are
criminal. The provisions of the legislation impose severe fines and punishments for
copyright infringement. A copyright violation is punishable under Section 63 of the
Copyright Act of 1957. Always, the burden of proof is with the prosecution to
establish guilt. The Copyright (Amendment) Act of 1996 strengthened the penalties
for violating copyright laws and stipulates that offenders face fines ranging from Rs.
50,000 to Rs. 2 lakhs, as well as imprisonment for a minimum of 6 months and a
maximum of 3 years. Infringement and violation of copyright laws in India are
punishable under intellectual property rights (IPR). India has harsh penalties for
copyright infringement due to the rise in the usage of unethical practises in IPRs. In
most cases, copyright owners have access to both civil and criminal remedies for
infringement. If copyright is violated, the owner has the exclusive right to file a
lawsuit against the offender and seek restitution or an accounting of profits. The
violator must reimburse the owner for any money lost or spent as a result of the
copyright infringement.

Copyright infringement may, under certain conditions, fall under the jurisdiction of
the penal code and become a crime. Penalties for copyright infringement crimes
include fines and imprisonment. In contrast, the Karnataka High Court ruled in
Cheran P. Joseph v. K. Prabhakaran Nair (1967).

(LawyerServices, 1966)80

That "a criminal court may not give a finding on the question of infringement if the
suit is pending before the civil court."

Remedies of copyright infringement

 Civil

80
Cheran P. Joseph v. K. Prabhakaran Nair (LawyerServices, 1966) Available at,
https://lawyerservices.in/CHERIYAN-P-JOSEPH-Versus-PRABHAKARAN-NAIR-1966-10-14
Visited on 17-08-2023 16:24:20

8
Keyword Legal Reforms, Injunction, original work's, Anton Pillar.

9
 Criminal
 Civil remedies of copyright infringement

Section 55 of the Copyright Act, 1957 defines civil remedies for copyright
infringement. The owner is entitled to several civil remedies, including the following

Interlocutory Injunction

Interlocutory injunctions are an important remedy that the owner has if his original
work's copyright is violated. The majority of the time, the infringer is given an
interlocutory injunction, and the matter seldom progresses further that point. To be
eligible for the interlocutory injunction, there are a few standards to meet. The case
must be prima facie. Second, there should be a balance between convenience and cost.
And last, the owner must have suffered an irreparable loss.

Pecuniary Remedies

In addition, three remedies are available to the original work's owner under Section 58
of the Copyright Act of 1957. First, the guy made money through illegal activity.
Second, the owner received compensation for losses he incurred as a result of the
violation. Last but not least, the worth of the labour or product is considered when
calculating conversion damages.

Anton Pillar form orders.

It entails the following procedures: first, a prima facie injunction on the dissemination
of the work by prohibiting the infringement from being destroyed or violated. Second,
the plaintiff's attorney was given permission to search the defendant's home and seize
any merchandise. Third, a court order requiring the defendant to reveal the identities
of distributors and customers.

A Mareva injunction. Mareva ,also known as a freezing order, is a type of court order
issued to prevent a party from dissipating or disposing of their assets during the
course of legal proceedings. The purpose of a Mareva injunction is to preserve the
assets so that they remain available to satisfy a potential judgment in favor of the
applicant.

9
 Norwich Pharmacal order

This order passed against the defendant.

 Criminal remedies of copyright infringement

These are different remedy available under the copyright act ,1957 of infringement

Fine or penalty which may not less than 50,000 and upto 2,00,000

Imprisonment which may not less than 6 months and upto extended 3 years

Search and seizure according to the procedure of infringing goods

Recent Development

Due to the development of the market and technology, there has been a significant
increase in the need for intellectual property rights in India in recent years. India has
been working to create an effective IPR administrative framework. The media and
entertainment sectors are attempting to develop their relationship in accordance with
global intellectual property regulations. The most recent changes and advancements
made to India's intellectual property rights demonstrate this. The Indian government
has been making an effort to establish computerized IPR offices based on the US
patents model. The government has announced adjustments to the patent process that
would simplify and hasten the filing of patents in India. India is increasingly
emphasizing on the liberalization of trade policies worldwide. With respect to its
WTO obligation under the Trade-Related Intellectual Property Rights Agreement
(TRIPS), it is consistently taking forward-moving initiatives.

Additionally, changes were made to the functioning of India's copyright laws to make
them simple and compliant. To comply with the WIPO Copyright Treaty (WCT),
changes were made to India's copyright laws. The Indian copyright Act was amended
in order to combat ongoing piracy in India, particularly in the media and
entertainment sectors.

In order to achieve progressive growth in the area of intellectual property rights (IPR),
new improvements and adjustments were made. By creating stricter legislation and

9
administrative structure, the copyright laws against infringement and piracy have
undergone adjustments. Additionally, improvements were made with respect to
expediting criminal procedures, toughening up on infringement penalties, and
destroying infringing goods.

Response from the Indian Judiciary: The Indian judiciary's response to copyright
protection may be categorized.

Ownership on copyright.

In cases where a work is created in the course of employment or under a contract, the
ownership of the copyright may belong to the employer or the party commissioning
the work, rather than the individual creator.

The Indian Copyright Act, 1957, governs copyright law in India. Here are some
relevant sections related to copyright ownership:

Mode of Assignment This section deals with the modes of assignment of copyright. It
outlines that copyright can be assigned either wholly or partially, and it should be in
writing and signed by the assignor.

First Owner of Copyright According to this section, the author of a work is generally
the first owner of the copyright in that work. However, there are exceptions for works
created in the course of employment or under a contract, where the employer or
commissioning party is considered the first owner.

Assignment of Copyright This section provides more details about the assignment of
copyright. It states that an assignment of copyright must be in writing and should
specify the rights being assigned and the duration of the assignment.

Assignment of Future Copyright This section deals with the assignment of copyright
in future works. It specifies that an assignment of copyright in works that are not yet
in existence is not valid.

9
 Khajanchi Film Exchange v. State of MP, (Singh, 2003)81

mandamus. 16 days prior to the movie's premiere, the writ petition was submitted.

Book Company v. Navin J. Desai (lawnn lawnews and network , 2001) 82 was whether
there was any copyright in the reporting of a court's judgement. It is undisputed that a
work created or published in India under the supervision of a court, tribunal, or other
judicial authority qualifies as a government work under section 2(k) of the Copyright
Act.

The Copyright Board of Goa ruled in Hindustan Pencils Ltd vs Alpna Cottage
Industries.

(LawyerINC, 2001)83

4.5.3 Legislation Cinematography act 1952

History of the Indian Cinematography Act of 1952.

India's first feature film, Raja Harishchandra, was held by Dadasaheb Phalke and
premiered in 1913.The Indian Cinematography Act, which created censor boards in a
few locations, was passed in 1920. These (independent) bodies were under the control
of the city's police chiefs .Following independence, the regional boards lost their
independence and became a part of the Bombay Board of Film Censors. In 1952, it
adopted the name Central Board of Film Censors. In 1983, the group's name was
changed to the Central Board of Film Certification. The accreditation of
cinematography films for viewing and the control of cinematography displays are
both governed by the Cinematography 84
Act of 1952.The Act states that a movie
won't be

81
Khajanchi Film Exchange v. State of MP,(Singh, 2003)Available at
https://www.legalserviceindia.com/article/l195-Copyright-Law-in-India.html visited on 17-08-2023 20:59:06
82
(lawnn lawnews and network , 2001) Book Company v. Navin J. Desai Available at
https://www.lawnn.com/eastern-book-company-v-s-navin-j-desai-
2001/#:~:text=Introduction,of%20literary%20work%20or%20not. visited on 17-08-2023 21:09:24
83
Hindustan Pencils LtdvAlpna Cottage(LawyerINC, 2001) Available at
https://lawyerinc.net/learning/copyright-infringement-and- solution/#:~:text=In
%20Hindustan%20Pencils%20Ltd.,to%20be%20a%20literal%20imitation. visited on 17-08-2023
21:21

84
In 1952, it was reconstituted as the Central Board of Film Censors. In 1983, the name was changed to
Central Board of Film Certification, Available at

9
https://byjus.com/free-ias-prep/cbfc/

9
 approved if it contains anything that is: Against India's sovereignty and integrity, as
well as the nation's security and friendly ties with foreign nations. It's against the law
and it's improper.It entails slander or judicial disobedience and raises the possibility of
criminal activity.

4.5.4 Analyzed study of copyright in entertainment Between United state, India and Japan.

It is essential to safeguard one's unique ideas in this very competitive society where
everyone is attempting to win a rat race, especially in the fields of science and
innovation. Fundamentally, copyright was designed to prevent unauthorized use of
other people's creations. On both tangible and intangible property, it serves as a
shield. The universe of intellectual property rights, which also includes trademarks,
patents, and designs, is ruled by copyrights.But copyright has now made its way into
the arena of the entertainment sector in this dynamic environment (A Comparative
Study of Copyright Laws in India, US, UK, n.d.)85. Consider the music videos you
watch on YouTube, the TV episodes you look for on Netflix or Amazon Prime, or the
DVDs, CDs, and other media you consume. The copyright regulations apply to all
books, even those you read online. In order to have a better grasp of these rules, this
essay will examine what copyrights are, draw comparisons between the US and India,
and then offer some useful recommendations.copyright

It's crucial to comprehend intellectual property before we proceed. The legal rights
provided to the author of these inventions are referred to as Intellectual Property
Rights (IPR). Intellectual property deals with creations and innovations of human
intellect that a person develops for themselves, such as artistic, literary, technological,
or scientific constructs. (sage journal, n.d.)86

Copyright is a legal right granted to the creator or author of an original work to

control its use and distribution. It is a form of intellectual property protection that
gives the creator exclusive rights to reproduce, distribute, display, perform, and create
derivative works based on their original creation. Copyright laws are designed to
encourage

Visited on 17-08-2023 21:44:45.

85
(A Comparative Study of Copyright Laws in India, US, UK, n.d.), Available at
https://www.ijsr.net/archive/v8i5/2051902.pdf visited on 17-08-2023
86
(sage journal, n.d.) availabe at

9
https://us.sagepub.com/en-us/nam/copyright-and-permissions visited on 20-08-2023 23:04:32

9
 creativity and innovation by providing creators with the incentive to create and share
their works while also allowing them to profit from their creations.

The rights that artists have over their literary and creative works are known legally as
"copyright (or author's right)," according to WIPO. The types of works protected by
copyright include computer programme, databases, ads, maps, and technical drawings
in addition to books, music, paintings, sculptures, and films. Different countries have
different copyright regulations. For instance, the UK, the USA, and India all have
unique legal systems. In addition, there are other international agreements,
agreements, and organizations that deal with IPR. World Intellectual Property
Organization. (wipo, n.d.)87

Under copyright law, works that are eligible for protection include but are not limited
to.

1. Literary works: Books, articles, poems, computer software code, etc.

2. Visual arts: Paintings, photographs, drawings, sculptures, etc.

3. Musical compositions Songs, musical scores, etc.

4.Performances,Theatrical,performances,dance,routin.eetc
(art_music_dance_theatre_prelims.pmd, n.d.)88

5. Audio visual works Movies, TV shows, videos, etc.6. Architectural works:

Buildings, architectural plans, etc.

Copyright protection is automatic and usually begins as soon as the work is created in
a tangible form, such as being written down or recorded. However, it's often
recommended to register the copyright with the appropriate government agency to
enhance legal protections and make it easier to enforce copyright claims.

The duration of copyright protection varies from country to country, but it typically
lasts for the life of the creator plus a certain number of years after their death. Once
the

87
(WIPO, n.d.) Available at,
https://www.wipo.int/copyright/en/ visited on 06-06-2023

9
88
(art_music_dance_theatre_prelims.pmd, n.d.) Available at,
https://ncert.nic.in/pdf/focus-group/art_education.pdf visited on 06-06-23

9
 copyright expires, the work enters the public domain, meaning it can be freely used by
anyone without the need for permission or payment.

It's important to respect copyright laws and obtain proper permissions when using
copyrighted material to avoid legal issues related to infringement. Fair use is a legal
doctrine that allows limited use of copyrighted material without permission, usually
for purposes such as criticism, comment, news reporting, education, and research, but
the specific criteria for fair use vary by jurisdiction.

4.5.5 Copyright Law in Japan.

As of my last update in September 2021, the copyright law in Japan is governed by

the Copyright Act, which was last revised in 2018. Please note that laws might have
been updated (ICLG, n.d.)89 or amended since then, so it's always a good idea to check
for the most recent version or consult legal experts for the latest information.

1.Copyright Protection In Japan copyright protection is granted to original works of

authorship, including literary, artistic, musical, and dramatic works, as well as
computer programs, databases, and other intellectual creations.

2. Duration of Copyright In most cases the duration of copyright protection lasts for
the lifetime of the author plus an additional 50 years after their death. However, there
are exceptions for anonymous or pseudonymous works, where the copyright duration
may vary.

3. Rights of Copyright Holders Copyright holders have exclusive rights to reproduce,

distribute, publicly perform, and display their works. They also have the right to
create derivative works based on their original creations.

4.Fair Use Japan has provisions for fair use allowing limited use of copyrighted
material without permission for purposes such as criticism, comment, news reporting,
teaching, scholarship, or research. However, the scope of fair use is narrower
compared to some other countries like the United States.

89
(ICLG, n.d.)Available at
https://iclg.com/practice-areas/copyright-laws-and-regulations/japan visited on 06-07-2023

1
 5. Copyright Infringement Unauthorized use or exploitation of copyrighted material is
considered copyright infringement. Infringement can result in civil and criminal
penalties, including fines and imprisonment.

6. Digital Millennium Copyright Act (DMCA) Equivalent Japan has its version of the
DMCA, which provides a framework for dealing with copyright infringement on the
internet and establishes procedures for takedown notices.

7. Collecting Societies Japan has collecting societies that manage and administer
certain rights on behalf of copyright holders, such as the Japanese Society for Rights
of Authors, Composers, and Publishers (JASRAC) (CRIC, n.d.)90.

Keep in mind that copyright law can be complex, and the specific application of the
law may vary depending on the circumstances. If you need legal advice or have
specific questions about copyright law in Japan, it's best to consult a qualified legal
professional.

4.5.6 Copyright Law In USA.

First off, the Copyright Act of 1976, a federal act, governs copyright laws in the USA.
According to this law, copyright is "a bundle of rights & protection given to the
creator of that work in order to control if the work is created by the author of that
work and has expressed it in a tangible medium." US copyright legislation offers
producers in the entertainment sector. The US copyright law offers the entertainment
industry's authors a solid legal framework to protect their creative creations. These
sectors are covered by entertainment regulations in the realm of the entertainment
business. Specific clauses of the copyright law of the US are advantageous to the
entertainment law. For instance, if Rihanna's music needs to be distributed, it must
adhere to all the rules outlined in the law, which includes getting a licence. These
rules cover properly informing the song's copyright owners of its use and disclosing
sales and royalties. Any person interested in recording a certain song must get a
licence through a procedure known as a compulsory licence. When the copyright
holder has previously given another individual permission to record the music or if
the songwriter has independently recorded and commercially

1
90
(CRIC, n.d.) Available at https://www.cric.or.jp/english/csj/csj7.html#:~:text=JASRAC%20is%20a%20voluntary
%20non,ACA%20to%20c onduct%20collective%20management. visited on 21-08-2023 00:02:44

1
 published a version of the song, it comes into play. Congress sets the cost of a
mandatory licence, and it is periodically increased for inflation.

Ladbroke vs William Hill

(Cambridge university press, 1980)91

United States v. Smith, America ’ s 1820

(pennState, (2023))92

4.6.1 Copyright Law In India.

The Indian Copyright Act, 1847, passed by the British during the reign of the East
India Company, was India's first copyright legislation and was intended to implement
English copyright regulations there. It was replaced by the Copyright Act of 1911,
which also extended to other British territories, including India. It was further
changed once again in 1914 by the Indian Copyright Act, 1914, which remained in
effect in India until the parliament of independent India replaced it with the Copyright
Act, 1957.

The Copyright Act of 1957 governs copyright laws in India. Indian copyright laws
protect all original works of literature, fine art, music, cinema, and computer
programme. It protects the manner in which those opinions are communicated rather
than the ideas themselves. The owner of copyright has the unique right to alter,
replicate, publish, translate, and make a work widely available to the public. The
statute has undergone various changes since it was initially approved in 1958. The
most recent modification was made in 2012 SECTION 2a

explores many meanings of the term "work" that might be covered under the
copyright definition.

In terms of copyright protection, Section 2(o) applies to literary works, whereas

Section 2(h) applies to all theatrical works. The owner now possesses a variety of
exclusive

91
Ladbroke vs William Hill (Cambridge university press, 1980) (CRIC, n.d.) Available at
https://www.cipil.law.cam.ac.uk/virtual-museum/ladbroke-v-william-hill-1964-1-all-er-465 visited on
21-08-2023 00:02:44

1
92
United States v. Smith, America ’ s (pennState, (2023)) Available at
https://elibrary.law.psu.edu/jlia/visited on 17-08-2023 22:22:19

1
 rights under Section 14, including the ability to reproduce, adopt, and more. Recently,
the copyright board and an appellate board were combined under the copyright
amendment rules 2021.

In Sulamangalam R. Jayalakshmi v. Meta Musicals, Chennai (2000),

(LawyerServices, 2000)93

The Madras High Court ruled that "copyright law is to preserve the fruits of a man's
effort, labour, talent, or test from annexation by other persons."

Key provisions of the Copyright Act of 1957.

Nature of copyright

Copyright law in India is governed by the Copyright Act, 1957, which has been
amended several times to keep pace with technological advancements and
international developments. The nature of copyright law in India is similar to
copyright laws in other countries, aiming to protect the rights of creators and
incentive creativity and innovation. Below are some key features of copyright law in
India

4.6.2 1957 Copyright Act.

The many definitions of the work that might fall within the concept of copyright are
described in Section 2. For instance, Section 2(o) deals with literary works, Section
2(h) covers all theatrical works, and Section (p) deals with musical and visual works.

The most important section of the Copyright Act of 1957 is Section 13, which
addresses copyright protection. According to Section 13(1), the Copyright applies to
all of India, and the following types of works are covered by the Copyright:

 Original artistic ,Musical , Dramatic, literary Work.

 Sound Recording
 Cinematography films

93
Sulamangalam R. Jayalakshmi vs. Meta Musicals, Chennai (2000 (LawyerServices, 2000) Avilable at
https://lawyerservices.in/Sulamangalam-R-Jayalakshmi-and-Another-Versus-Meta-Musicals-Chennai-and-

1
Others-2000-06-16 visited on 17-08-2023 22:31:30

1
 Several rights are shielded under copyright laws. Common or economic rights, moral
rights, and bordering rights are these three categories. Economic rights are awarded
by Section 14, moral rights are granted under Section 57, and bordering rights are
granted under Sections 37A and 378, according to Section 14.

Section 21 of copyright of sound recording

Music Broadcast Pvt. Ltd. Vs. Indian Performing Rights Society (IPRS) (Dalmia, July
25, 2011)94

Copyright protection fee Charged by copyright office

literary, dramatic, musical, and artistic . 500 rs per work
works
Use of creative and literary works in 2000 rs per work
products
Sound recording 2000rs per work
Cinematography films 5000 rs per work

94
(Dalmia, July 25, 2011) Music Broadcast Pvt. Ltd. Vs. Indian Performing Rights Society - Available at,
https://www.mondaq.com/india/it--internet/146262/india-intellectual-property--information-technology-
laws-news-letter-september-october-2011 visited on 18-08-2023 00:03

1
 CHAPTER 5

COMPARATIVE ANALYSIS WITH INDIA, US AND JAPAN.

BASIC USA INDIA JAPAN

Duration In comparison to It lasts in India for Copyright protection
Copyright India, the USA the writer's lifetime generally lasts for
offers more plus 60 years. The the lifetime of the
comprehensive longer exclusivity author plus 50 years
copyright protection. period in the USA after their passing in
In the USA, gives authors longer Japan. This is true
copyright typically control over their for literary, artistic,
lasts for the author's works. and musical works.
lifetime plus 70 In some
years. circumstances, such
as for works written
by legal entities or
by anonymous
writers, this time
frame may
be extended.
Fair use Although fair use is India's fair dealing Fair Use and
recognized in both laws, in comparison, Exceptions: Under
nations, the US fair are more constrained Japan's copyright
use law allows more and have a smaller law, some
latitude and reach. Fair dealing's restrictions and
accommodations. It legal structure is exceptions are made
permits the creative based on common for fair use, allowing
and innovative law. In India, it is the unrestricted use
transformation of known as fair of copyrighted
works protected by dealing. content for purposes
copyright. like news reporting,
criticism, or
education. These

10
 exemptions are
crucial for
encouraging
originality and
expressive rights.
Digital rights To safeguard The DRM The DMCA is a
copyrighted architecture for India framework for
information in the is addressing copyright
digital sphere, the presently being infringement online,
USA has adopted strengthened and and Japan has their
extensive legislation developed. own version of it.
and regulations This version includes
pertaining to digital notice-and-takedown
rights management processes to handle
(DRM) technology. unauthorized use of
copyrighted material
on internet
platforms.
Law applicable The Copyright Act of The copyright issues Japanese CMOs are
1976,governs in India are governed well-established and
copyright matters in by,the Indian essential to the
the USA. Copyright,Actof management and
1957. licensing of
collective copyrights
on behalf of creators.
These groups
streamline the
licensing procedure
and guarantee that
authors are fairly
compensated for
their works.

10
Definition of According to the US under contrast, In order to preserve
copyright Copyright Office, Section 14 of the digital rights
copyright refers to a Copyright Act of management (DRM)
bundle of exclusive 1957 under Indian systems and prevent
rights that are legally law establishes a unauthorized access
granted to copyright formal definition of to intellectual
holders in order to copyright. information, anti-
safeguard their circumvention
creative works. clauses are included
in Japan's copyright
legislation.
Fair use acts Which actions Indian laws, in This clause permits
would constitute fair contrast, have the non-exclusive
usage have not been clearly definedwhich use of copyrighted
defined by the US. actions qualify as works for particular
Instead, a four-factor fair use acts. objectives such news
exam was offered. reporting, criticism,
research, and
teaching. When
compared to fair use
regulations in some
other nations, the
Japanese provision is
thought to be very
limited. There is a
list of particular uses
that are acceptable,
and there are
restrictions and
requirements. (LAW
N' JUSTICE, The
copyright issues in
India are governed

11
 by the Indian
Copyright Act of
1957.)95

Comparative piracy analysis in the entertainment industry for India, the United States,
and Japan reveals significant differences in the prevalence, causes, and responses to
piracy in these countries. Here's an overview of piracy in each of these nations:

India

Piracy Prevalence India has a long history of piracy in the entertainment industry,
particularly in movies and music. Illegal copies of films and music are widely
available, both physically and online.

Causes of Piracy High poverty rates, limited access to affordable legal content, and
lax enforcement of copyright laws have contributed to the prevalence of piracy in
India. Additionally, the availability of low-cost counterfeit physical media is a
significant issue.

Response to Piracy Indian authorities have taken steps to combat piracy, including
shutting down illegal websites and conducting raids on physical counterfeit goods
markets. However, challenges remain due to the sheer scale of piracy in the country.

United States

Piracy Prevalence While piracy exists in the United States, it is generally lower
compared to many other countries. This is partly due to a well-established legal
entertainment industry and widespread access to legal content.

95
(LAW N' JUSTICE, The copyright issues in India are governed by the Indian Copyright Act of 1957)Available at
https://lawnjustice.in/copyright-laws-regulating-the-entertainment-industry-a-comparative-analysis-of-us-
india/ visited on 15-08-2023

11
Causes of Piracy In the U.S., the causes of piracy often relate to the availability of
content. Piracy is more common when certain content is not available through legal
means or when it is excessively priced.

Response to Piracy The U.S. has implemented strong legal measures to combat
piracy, such as the Digital Millennium Copyright Act (DMCA). Additionally,
industry initiatives like streaming services have provided convenient, affordable
alternatives to piracy.

Japan

Piracy Prevalence Japan has experienced piracy in various forms, including illegal
streaming websites, unauthorized downloads, and counterfeit physical media.
However, compared to some other countries, it has relatively lower piracy rates.

Causes of Piracy Similar to the U.S., limited availability of specific content and high
prices for certain media products can lead to piracy in Japan.

Response to Piracy Japanese authorities have taken legal actions against piracy
websites and unauthorized distributors. The Japanese government has also promoted
education about the importance of copyright protection.

In summary, the prevalence and causes of piracy in the entertainment industry vary
among India, the United States, and Japan. While India faces significant challenges
due to poverty and limited access to legal content, the U.S. and Japan have relatively
lower piracy rates due to better access and stronger legal frameworks. Enforcement
efforts and public awareness campaigns play important roles in addressing piracy
issues in each country.

11
 CASE LAW

There has always been a controversy over copyright in the works of music composers
and those who make cinematic pictures. The lyricists, composers of music, and others
have long complained that they do not receive compensation for their efforts; rather,
the producers of films do. The Indian Performing Rights Society Limited (IPRS) v.
Eastern Indian Motion Pictures Association[i] case becomes significant for this
reason. This lawsuit addressed the issue of copyright overlap between movie
producers and music composers, lyricists, etc.
Indian Performing Right Society ... vs Eastern India Motion Pictures ... on 14 March,
1977

(Law times journal, 1977)96

Copyright protection finds its justification in fair play.

Eastern Book Company & Ors vs D.B. Modak & Anr on 12 December, 2007 (Law
times journal, 12 December, 2007)97

Phonographic Performance ... vs Cri Events Private Limited & Ors on 28 July, 2011

(IPLF IP & LEGAL FILLINGS, 2007)98

Music Broadcast Private Limited vs 956 And Having Its Registered ... on 25 July, 2011
(IPITnewslettersep2011, n.d.)99

Yash Raj Films Pvt Ltd vs Sri Sai Ganesh Production & Ors.

96
Indian Performing Right Society ... vs Eastern India Motion Pictures (Law times journal, 1977)Available at
https://lawtimesjournal.in/indian-performing-rights-society-vs-eastern-indian-motion-pictures-
ltd/#google_vignette visited on 17-08-2023 22:59:03
keyword lyricists, cinematic, Performing.
97
Eastern Book Company & Ors vs D.B. Modak & Anr (Law times journal, 12 December, 2007)Available at
https://lawtimesjournal.in/eastern-book-company-and-ors-vs-d-b-modak-and-ors/#google_vignette visited on
18-08-2023
98
Phonographic Performance ... vs Cri Events Private Limited & Ors (IPLF IP & LEGAL FILLINGS, 2007)Available
at https://www.ipandlegalfilings.com/a-brief-analysis-on-entertainment-network-india-ltd-v-phonographic-
performance-limited-india-ors/ visited on 18-08-2023 00:15:59
99
(IPITnewslettersep2011, n.d.) Available at
https://www.manupatrafast.com/NewsletterArchives/listing/IP%20IT%20Vaish/2011/September-October-
2011.pdf visited on 18-08-2023

11
 Case between in movie band baja baarat(the plaintiff) & Jabardasth (defendant)
(BananaIP, n.d.)100.

In Shivaji Rao Gaikwand v. Varsha Production, in madras H.C

‘MAIN HOON RAJNIKANT’. For several decades and seeks injuction against the
use of his name and style of delivering dialogues.

(MYYNENI, 2019)101

100
(BananaIP, n.d.)Available at
https://www.bananaip.com/ visited on 21-08-2023 00:33:56
101
Supra note (MYYNENI, 2019) IN SHIVAJI RAO V VARSHA PRODUCTION book law of copyright

11
 CHAPTER-6

CONCLUSION

Status quo of copyright .The topic of copyright is complex and multi-faceted, and
there are different perspectives on its implications and effectiveness.

Protection of Intellectual Property Copyright serves as a crucial mechanism for

protecting the rights of creators and incentive's the production of creative and
intellectual works. It allows creators to control how their work is used, distributed,
and monetized.
Balancing Interests Copyright law aims to strike a balance between the interests of
creators, consumers, and society as a whole. It grants exclusive rights to creators for a
limited period, after which the work enters the public domain, allowing broader
access and use.
Digital Age Challenges With the rise of the internet and digital technologies,
enforcing copyright has become more challenging due to the ease of copying and
distributing content online. This has led to an increase in online piracy and
unauthorized use of copyrighted materials.
Fair Use and Exceptions Many countries have provisions for fair use or fair dealing,
which allow limited use of copyrighted material without permission for purposes like
education, criticism, parody, and news reporting. These exceptions help strike a
balance between copyright protection and the public's right to access and use
information.
International Treaties: Copyright protection is often governed by international
agreements and treaties, such as the Berne Convention and the WIPO Copyright
Treaty, to ensure that intellectual property rights are recognized and respected
globally.
Challenges for Content Creators: While copyright provides protection, it may not
guarantee complete control or prevent unauthorized use. Content creators and rights
holders need to be vigilant and proactive in enforcing their copyrights and exploring
alternative business models to adapt to the digital landscape.
Evolving Copyright Law Copyright laws are continuously evolving to keep pace with
technological advancements and changing societal norms. Policymakers often face
challenges in striking the right balance between protection, innovation, and public
access.In conclusion, copyright plays a crucial role in protecting the rights of content

11
creators and fostering creativity and innovation. However, the digital age has
presented

11
 new challenges that require ongoing adjustments to copyright laws and the
development of effective enforcement measures. Striking the right balance between
protection and accessibility remains an ongoing and essential aspect of copyright
discussions. It's important to note that copyright laws and their specifics can vary
significantly between different countries and legal jurisdictions. The information
provided here offers a general overview of the history of copyright, but for specific
details or legal advice, consulting local copyright laws and legal professionals.

6.1 Here are some suggestions to address piracy in the media and entertainment
industry.

Improve Access and Availability.

Ensure that legal and affordable access to media content is readily available. Timely
global releases can discourage consumers from seeking pirated copies due to
frustration over delays.
Expand the availability of content on legitimate streaming platforms to offer a
convenient and attractive alternative to piracy.

Educate Consumers Run awareness campaigns to educate consumers about the

negative impacts of piracy on content creators, the industry, and overall creativity. the
legal alternatives available for accessing media content.

Collaborative Enforcement.
Collaborate with internet service providers, search engines, and social media
platforms to track and remove pirated content more effectively.
Engage in partnerships with law enforcement agencies to target large-scale copyright
inf ringers.

Strengthen Copyright Laws.

Review and update copyright laws to address challenges posed by digital piracy,
technological advancements, and global distribution of content.

Ensure a balanced approach that respects creators' rights while allowing for fair use
and access.

11
Effective Anti-Piracy Measures

Implement more advanced anti-piracy technologies to prevent unauthorized access

and sharing of content.

Take strict legal action as per required with s such as site blocking or legal notices, to
discourage and penalize copyright infringing platforms.

Engage with Fans and Consumers.

Build strong relationships with fans and consumers by engaging with them through
official social media accounts, forums, and events.

Encourage fans to support their favorite creators by consuming content through

legitimate channels.
Offer Value-Added Services.

Provide additional incentives for legal consumption, such as bonus features, early
access, exclusive content, or behind-the-scenes insights.

Promote Fair Use and Transformative Content

Encourage the proper understanding of fair use and transformative content, where
new works are created from existing content for purposes such as criticism,
commentary, or parody.

International Cooperation.

Collaborate with international organizations, governments, and industry associations

to establish consistent copyright enforcement standards across borders.

Digital Literacy Education.

Educate the public about digital literacy, including understanding copyright laws,
respecting intellectual property, and making informed decisions about content
consumption.

Support Emerging Creators.

11
Create initiatives to support emerging creators and help them monetize their content,
which can encourage original content production and reduce reliance on pirated
material.

Do not promote prohibited and authorized work.

Addressing piracy requires a multi-pronged approach that involves cooperation

among content creators, distribution platforms, industry associations, policymakers,
and consumers. Balancing protection of copyright with user convenience and access is
key to fostering a sustainable and creative media and entertainment ecosystem.

11
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Digital copyright law A comparative study by dr betsy vinolia rajasingh

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Statutes

 1789 US Constitution.
 The Licencing Act of 1662.
 1790 copyright Act of 1790.
 Media Law
 Music Law
 telecommute law
 Intellectual Property Rights (IPR)
 Copyright Infringement
 Online piracy act
 Entertainment law.
 Legislation Cinematography act 1952.
 Copyright Law In Japan.
 Copyright Law In USA.
 The Indian Copyright Act, 1847.
 The Cable Television Networks (Regulation) Act, 1995.

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 The Maritime Anti piracy Act, 2022.
 Laws Of copyright.
 International trade law
 Media law

International convention and Treaties.

 Intellectual property rights.(trips)

 Paris Convention 1883
 Berne Convention
 Rome Convention
 World Intellectual Property Organization WIPO
 Treaty on the International Registration of Audiovisual Works (Film Register Treaty)
 Adopted at Geneva on April 20, 1989.

In Bhagvad Gita, Krishna ji says that we are kept from our goals not by
obstacles but by a clear path to a lesser goal. This essentially means that a
person should dream big and should not be deterred by obstacles in the path to
achieve those dreams.

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