Do you think that the Supreme Court’s recent decision on copyright infringement will pave the way for the police to impinge on civil liberties? Comment (200 Words)
Refer - The Hindu
Enrich the answer from other sources, if the question demands.
IAS Parliament 3 years
KEY POINTS
· The Supreme Court of India has passed a far-reaching judgment resolving the question of whether copyright infringement, which is punishable with imprisonment for a term which may extend up to three years under the Copyright Act of 1957, is a cognisable offence under the Code of Criminal Procedure (CrPC), 1973.
· In simple English, this means that the police can begin investigations into allegations of copyright infringement on receiving a complaint.
· Rather, a copyright is created the moment a piece of art or music or literature is fixed on a medium, provided it is original.
· India’s international law obligations under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) do not require India to criminalise all kinds of copyright infringement.
· So, for example, a person indulging in the mass reproduction of copyrighted books without the authorisation of the copyright owner would be guilty of copyright piracy.
· At best, the Indian Copyright Act makes a distinction between commercial and non-commercial infringement by allowing the courts to impose a sentence of less than six months or a fine of less than Rs 50,000.
· Unless the law is amended to not only differentiate between the different acts of copyright infringement but also require prior judicial cognisance as a precondition of criminal investigation by the police.
Samy uvaraj 3 years
Comment please
Thank you
IAS Parliament 3 years
Try to provide coherence in the answer. Keep Writing.
