Copyright is an exclusive statutory right of literary (authors, playwrights, poets), musical (composers, musicians), visual (painters, photographers, sculptors), and other artists to control the reproduction, use, and disposition of their work.

If any person, without the authorization of the copyright owner, exercises any of the exclusive rights of a copyright owner, as granted and limited by the Copyright Act of the land, is an infringer of copyright. Copyright infringement is determined without regard to the intent or the state of mind of the infringer; “innocent” infringement is infringement nonetheless.

On the internet, Intellectual Property works are in the form of music, literary work images is transformed into binary language of 0 or l’s. These electronic works are stored in bits and bytes and processed by the computers. Similarly, human readable content is converted into machine readable language. In light of this fact, the digital representation of the work could also mean a reproduction of the work itself. Copyright law has also evolved when it is used or read in conjunction with computers and internet. It is a myth that any work published online carries with it an implied consent that it can be reproduced, modified or circulated to others.

The amelioration of Internet has given rise to several legal disputes with regard to Copyright infringement. Since the infringement takes place in digital networks, the courts find the analysis of such issues with hardship. The infringement does not extent to just information but also includes photos, videos, movies, music, multi-media and audio-visuals. Moreover, the material mentioned cannot just be easily uploaded but also be downloaded with the same quantum of ease.

Copyright, Designs and Patents Act 1988 does not contain the word ‘’internet’’ or ‘’digital’’. Indian Copyright Act, 1957 deals with the protection of computer software. Unfortunately, it does not have any provision to check the piracy of software on Internet. The amendment Act of 2012 also fails to give a definition of ‘’digital work’’ or ‘’internet’’. The void in the enactments has led to the legal issues. However, a ‘’digital product’’ will constitute a bundle of copyrights that is created by an author with an identity according to the principles of copyright law. Section 4 of the Copyright Act 1957 lists out the acts for which Copyright is available. Therefore, the author of any literary, dramatic, artistic or musical work will be qualified under the provision of the Act. All provisions applicable to owner of the acts for which section 14 of the Copyright Act of 1957 is applicable shall be applicable to the owner of a ‘digital product’ that constitutes a bundle of Copyrights. Therefore, any infringement of such ’digital work’ or any work on the ‘internet’ shall constitute infringement.

Online copyright infringement is caused with respect to any material that is copyrighted (and not computer programs or computer generated works). For example, printing of copyrighted material leads to the creation of unauthorized physical copies, while acts like scanning downloading and making illegal copies of the movies, music, etc. for usage and distribution without the permission of the creator also leads to creation of unauthorized digital copies. Both acts amount to reproduction of the copyrighted work, which is the author’s exclusive right and constitutes infringement.  For instance, Section 52 of the Indian Copyright Act, permits reproduction done only for the purposes of a judicial proceeding, for use by the Legislature or under a law for the time being in force. Reproduction for any other purpose constitutes infringement. Similarly, the posting of copyrighted material, networking site will amount to unauthorized publication, another exclusive right of the author.

Infringement occurs all along the internet chain from the time of uploading to the time of delivery.Digital media, such as CDs, CD-ROMs and DVDs, exist in hard and tangible forms and the ease and accuracy of this technology has led to a great rise in piracy copying. The same dangers for the recorded media, songs, film and publishing industries arise on the internet, where hard copy ceases to be the major means of transmission.

Internet happens to be the most powerful menace for Copyright users as:

It is accessible without considerable impediments by any person at any time.

it provides a platform for wide distribution and dispersion of Information in a very quick time and with affordable cost.

the distribution cost on it is almost costless.

On internetthe original and the copy are not easily differentiable.

As technology advances, entertainment providers are finding it increasingly difficult to find an effective way to protect their IPR and prevent online piracy

Uploading of pirated software is an offence. In a recent case, Microsoft Corporation v YogeshPopat2005 (118) DLT 580, the Delhi High Court awarded damages to the amount of Rs. 23.62 Lakh to Microsoft Corporation against M/s Compton Computers (P) Ltd., New Delhi, its directors for uploading pirated software of Microsoft in assembled computers sold by them.

In a recent case decided by Delhi High Court, Super Cassettes Industries Ltd v. Myspace Inc. &Anr., the court granted a temporary injunction against the defendants in a suit for permanent injunction against copyright infringement for unauthorized display of copyrighted songs, films, sound recordings of the plaintiff by the defendant on its website.

Similarly, In Sega Enterprises v. Maphia857 F Supp 679, the plaintiff manufactured video games which it distributed on read only cartridges that could play on game consoles manufactured he plaintiff. The defendant managed a BBS that was linked to other BBS. The defendant allowed subscribers to upload Sega games to his BBS which others would download. Defendant marketed a converter to convert cartridge to a program what could be uploaded to the BBS. The Court took the view that defendant caused or materially contributed to infringement and violated plaintiff’s copyright.

The infringement in Cyberspace shall take place in different forms namely;

Framing

Linking

Caching

Public Display of the Right by uploading on the Internet

Archiving

Under the Indian law, the Copyright Act, 1957 confers on the author of a work including literary, artistic and cinematographic work the right to prevent a party from unauthorized reproducing, modifying or distributing the copyrighted work. Computer programs are also protected as copyrighted work and the web page if uniquely designed may be protected as artistic work combined with a literary work or as a trade dress particularly for virtual offices. As internet has no boundaries, the copyrighted works may be easily infringed online because the copyright protection is territory specific.

Conclusion

Electronic management on the internet should give copyright owners control over their works with far great precision than used in traditional copyright, in which infringement occurred only at points of manufacture, sale, and rental and specified public use. The internet should restrict access for every use desired by a consumer. If users could only be permitted to get to the material by a password, a decryption device or some other barrier, and if the material can be controlled after access as well, then the whole relationship can be the subject of a range of contractual conditions, precisely modulated. They should get much more exactly what they pay for. For each use micro-payment could be used. Such a result would reflect a model of economic efficiency.

BY MEHR KAUR