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08/06/2022 - Judiciary

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June 08, 2022

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

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IAS Parliament 9 months


·        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 10 months

Comment please 

Thank you

IAS Parliament 10 months

Try to provide coherence in the answer. Keep Writing.



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