Business Standard: Presence of law to protect copyright ‘not effectual’: CJI

Business Standard: Presence of law to protect copyright ‘not effectual’: CJI
December 15, 2013

Observing that the revenue of conventional record labels has plunged in recent years due to copyright infringement, Chief Justice of India P Sathasivam today said in spite of the existence of a law, its implementation was not “effectual” as envisaged.

“For more than a decade, the recording industry has been complaining that online copyright infringement is devastating the music industry. It’s true that the revenue of conventional record labels has plunged in recent years,” he said at the inauguration of the 87th Annual Conference and Concerts of The Music Academy here.

Noting that numerous petitions have been filed “routinely” in the courts on this issue, he said, “In spite of effective law in force, its implementation is not as effectual as it is envisaged.

“Creation of more awareness in this regard among both musicians and common people is the requisite”, he said.
The Copyright Act protects literary, dramatic, artistic and musical works as well as films and sound recordings, he said, adding, copyright ensures certain minimum safeguards of the rights of authors over their creations.

“Copyright infringement is a criminal offence in India and the minimum penalty for knowingly infringing upon a copyright is six months in jail and a fine of Rs 50,000,” he said.  Piracy in the music industry is rampant in India, where most consumers download music or buy pirated CDs, he said.

“Even though the Indian police routinely confiscate and destroy counterfeit CDs, they have not made a dent in their production or sale,” he said.

“All stakeholders in the music industry must work together to propel growth – whether it’s building the streaming music, and live entertainment markets or curbing piracy,” he said.

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