Enforcement of copyrights online: A study of the Indian entertainment industry

Abstract

Purpose: - Copyright infringement has been one of the most litigated and controversial subjects in terms of law application and enforcement. One of the key stakeholders in copyrights issue is the entertainment industry. This is because of the inherent nature of creativity and idea generation that needs to prevail in the profession, often necessitating protection of the same for the welfare of the people who work hard to create something new. Copyright violations have taken a toll ever since Internet came into existence. This has increased the impact of copyright infringement multifold, making even few minutes precious in monetary terms. The purpose of this project is to analyse the laws and challenges that govern copyrights online, with emphasis on the Entertainment sector. Design / Approach: - The existing literature was studied under secondary research. Primary research was done through depth interviews with Mr. Ravi Priyann, an Indian music director based out of Canada, Mr. Balaji, a television actor & radio jockey and Mr. Satish Parasaran, a leading lawyer who has worked with several leading intellectual property firms to appear in High Courts and the Supreme Court. These interviews help get different perspectives from the interested parties. The existing laws in the country was studied and some comparisons were made with other countries law and how they countered the same issues. Results/Findings:- One of the major findings in the project includes the need for strong cross border laws and common international law with regards to copyright infringement/violation. The importance of production houses to price competitively also clearly came out in the various interactions. The major challenge with online copyright infringement is the ease of finding an escape route. The law enforcement online is currently almost non-existent. Copyright infringement is also profitable, which makes it a bigger challenge to curb the growth of it. The importance of holding intermediaries closer to the issue could be a potential step to control copyright infringement. In the long run, speedy remedy needs to be ensured to make sure people seek legal help in this regard and education about copyrights issue needs to be incorporated at the high school level when start to explore the possibilities of online platform.