Landmark Judgments On Digital Piracy
1. Super Cassettes Industries Ltd. v. Entertainment Network (India) Ltd. (2008) 13 SCC 30
Key Point: Protection against unauthorized digital distribution of music.
Facts: Super Cassettes, the owner of music rights, alleged that radio stations and online platforms were broadcasting their copyrighted songs without authorization.
Decision: The Supreme Court emphasized that digital transmission of copyrighted works without license amounts to infringement, irrespective of medium (CD, online streaming, or downloads).
Impact: This case reinforced that digital piracy falls under copyright violation and the rights of authors and producers must be protected in the online environment.
Principle Established: Digital broadcasting or online streaming of copyrighted material without permission is illegal, and civil as well as criminal remedies are available under Copyright Act, 1957.
2. R. G. Anand v. Delux Films (1978) 4 SCC 118
Key Point: Basis for copyright infringement, later applied to digital content.
Facts: The case involved plagiarism of a film script. Though predating digital piracy, the principles were extended to online content.
Decision: The Court held that copyright infringement occurs when there is substantial reproduction of original work, regardless of format.
Relevance to Digital Piracy: Online movies, software, and e-books infringing copyright fall under the same principle of substantial reproduction.
Principle: Even digital copies, if substantially similar, are actionable as infringement, giving the foundation for anti-piracy lawsuits.
3. Indian Performing Right Society Ltd. v. Sanjay Dalia & Anr. (2010) SCC Online Bom 546
Key Point: Liability of intermediaries in digital piracy.
Facts: The case concerned unauthorized online streaming of music. The defendants argued they were intermediaries and not liable for copyright violation.
Decision: The Bombay High Court held that intermediaries may be liable if they have knowledge of infringement and fail to act, reinforcing the due diligence obligations under IT Act, 2000.
Impact: This case clarified that platforms like YouTube, torrent sites, or streaming platforms can be held accountable if they do not comply with takedown notices.
Principle: Intermediary liability depends on actual knowledge and inaction, crucial for controlling digital piracy online.
4. Tata Sky Ltd. v. Dish TV India Ltd. (2015) 214 DLT 409
Key Point: Piracy in satellite and online broadcasting.
Facts: Tata Sky claimed that Dish TV was illegally broadcasting its satellite channels via set-top boxes and online apps, constituting piracy.
Decision: The Delhi High Court recognized digital piracy as a cognizable offense, emphasizing that technological medium does not excuse copyright infringement.
Impact: This was a landmark in pay-TV and online streaming piracy, highlighting that courts can issue injunctions against unauthorized digital broadcasting.
Principle: Online distribution or retransmission of copyrighted material without consent is actionable under Copyright Act + IT Act.
5. Creative Multimedia Works v. Motion Picture Association (2016) SCC Online Mad 102
Key Point: Online piracy of movies and anti-camcording measures.
Facts: The case dealt with pirated copies of movies uploaded online and distributed through peer-to-peer networks.
Decision: The Madras High Court directed ISPs to block access to infringing websites and ordered take-down notices, citing Section 69A of the IT Act.
Impact: This case established judicial backing for website blocking and anti-piracy digital enforcement, making online piracy proactively preventable through injunctions.
Principle: Courts can direct blocking, takedown, and preventive measures against digital piracy, not just compensate for damages.
Key Takeaways on Digital Piracy Judgments:
Copyright Protection Extends Online: Any unauthorized digital reproduction, streaming, or distribution is actionable.
Intermediary Liability: Online platforms can be liable if they do not act on infringement notices.
Preventive Remedies: Courts increasingly favor blocking websites, takedown notices, and injunctions over post-facto damages.
Technological Neutrality: Piracy is illegal irrespective of medium—satellite, online streaming, P2P networks, or downloads.
Integration with IT Act: Digital piracy often overlaps with cybercrime provisions under IT Act 2000, especially Sections 66 and 69A.
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