By: Shashank Pandey & Varun Pandey
INTRODUCTION
The Lok Sabha recently passed The Cinematograph (Amendment) Bill, 2023, during the ongoing Monsoon Session of the Parliament on 31st July, amending the Cinematograph Act, 1952. One of the objectives of this bill, as stated in its Statement of Objects and Reasons, is to tackle the issue of unauthorised film recording and exhibition, as well as combat the menace of film piracy facilitated by the transmission of unauthorised copies on the internet.
To achieve these goals, the bill proposes the introduction of two new sections, among other amendments, namely Sections 6AA and 6AB. Section 6AA will prohibit any unauthorised recording of films, while Section 6AB will address the unauthorised exhibition of films for profit in unlicensed venues or in violation of the Copyright Act, 1957, or any other applicable law. These provisions aim to curb film piracy and protect the intellectual property rights of filmmakers. Additionally, the bill intends to amend Section 7 and insert subsections 7(1A) and 7(1B) to make the offences outlined in Sections 6AA and 6AB punishable.
HISTORY OF FILM PIRACY IN INDIA
Film piracy in India dates back to the early 20th century when it was common for films to be screened without authorisation. This type of piracy was predominantly local and limited in scope. The introduction of video cassette players in the 1980s, which allowed people to record films from theatres or television broadcasts onto cassettes, marked a turning point in film piracy. This boom led to widespread piracy, which negatively impacted box office revenues and royalties. In the late 1990s and early 2000s, peer-to-peer file-sharing networks and online platforms made it easier to distribute pirated content, ushering in a new era of film piracy in India. The proliferation of camcorders in movie theatres exacerbated the problem, as individuals secretly recorded newly released films and uploaded them online within hours of their debut. This resulted in a substantial number of pirated copies being available on the internet.
WHAT DOES THE DATA REVEAL?
According to the most recent Ankura Piracy Statistics report for the year 2022, India is now the third-largest contributor to piracy content website visits. India accounted for over 7 billion visits (approximately 7,99,071,299) to these unauthorised platforms that facilitate the distribution of pirated content, which is alarming. The study measured the demand for piracy across various channels, such as unlicensed streaming, torrent downloads, web downloads, and stream-ripping websites, and spanned multiple industries, including film, television, music, software, and publishing.
The collected data indicates that television content is the most sought-after by users engaging in piracy, accounting for 46.6% of all website traffic. Publishing content, especially books, followed closely at 28%. Film piracy contributed 12.40% of the total traffic, while music and software contributed 7.0% and 6.80%, respectively.
Despite the efforts of the Film Industry and the Government to combat the problem, these statistics reveal the pervasive and persistent nature of piracy in India. Despite strict legal measures taken against piracy in the form of the Copyright Act and other legislations, the accessibility and prevalence of these unauthorised platforms have contributed to the continued growth of the problem.
WHAT DOES THE CINEMATOGRAPH (AMENDMENT) BILL OF 2023 ENTAIL?
The proposed Amendment Bill, 2023 would, among other changes, add provisions 6AA and 6AB to the Cinematograph Act of 1952. Section 6AA addresses the issue of unauthorised recording and makes it an offence to engage in, attempt, or abet the making or transmission of an infringing copy of a film. This provision aims to curb unauthorised recording and other forms of film piracy, safeguarding the intellectual property rights of filmmakers.
Moreover, Section 6AB prohibits the act or abetment of exhibiting an infringing copy for profit in unlicensed venues or in violation of the Copyright Act 1957 or any other applicable law. This provision targets the exhibition of pirated copies of films in unauthorised places, thereby curbing the illegal dissemination of copyrighted content and protecting the film industry’s interests.
The proposed Cinematograph Amendment Bill, 2023, also includes the insertion of Section 7(1A), which specifies the penalties for contravening the newly introduced Sections 6AA and 6AB. Anyone found guilty of violating these sections may face imprisonment of a minimum of three months, extendable up to three years. Additionally, the offender may be liable to pay a fine of up to three lakhs, which can extend to five percent of the audited gross production cost of the film. In addition to the aforementioned provisions, the proposed Cinematograph Amendment Bill, 2023, includes Section 7(1B), which preserves the right of both the aggrieved party and the government to take legal action against an offender or an intermediary involved in film piracy. This means that apart from the penalties specified in the bill, the aggrieved party (such as the film producer or copyright owner) and the government can also initiate legal proceedings under the Copyright Act, 1957, the Information Technology Act, 2000, or any other relevant law. These strict penalties aim to deter individuals from engaging in the unauthorised recording, transmission, or exhibition of copyrighted films, emphasising the seriousness of protecting intellectual property rights and deterring film piracy.
ARE LEGAL MEASURES ENOUGH TO CURB PIRACY?
A comparative analysis of piracy situations in India and the USA, one of the countries with the strictest anti-piracy regime, reveals that legislation alone is not enough to curb piracy effectively. While both countries have significant copyright laws to protect creative works, such as the Digital Millennium Copyright Act (DMCA) in the USA and the Copyright Act in India, these laws have not entirely eliminated piracy on their own.
In the USA, the DMCA is one of the strictest piracy laws globally, enabling copyright holders to issue takedown requests and pursue legal action against infringers. However, despite its robust framework, piracy remains an ongoing challenge. To complement legislation, the USA employs Digital Rights Management (DRM) technologies, which help prevent unauthorised access and distribution of copyrighted content. These measures aim to restrict the copying and distribution of digital media and protect intellectual property rights. Moreover, the USA has established anti-piracy organisations, such as the Motion Picture Association (MPA), which work closely with law enforcement agencies and technology companies to identify and combat piracy networks effectively. The collaboration between copyright holders, industry players, and enforcement authorities strengthens the efforts against piracy. Another crucial element of piracy prevention in the USA is the collaboration with Internet Service Providers (ISPs). ISPs cooperate with copyright holders to block access to known piracy websites, thereby reducing the availability and accessibility of pirated content. Users attempting to access such sites may also receive warnings, discouraging them from engaging in piracy.
In India, legal recourse against Piracy has been ever existing under the Copyright Act, but it has not been effective in controlling Piracy. While provisions similar to DRM do exist in India under the Copyright Act, they have not been implemented in the same strict manner as in the US. Also, the collaboration between the Government and ISPs has been limited to occasional takedown requests of Piracy sites which again crop up with new domains and websites, as was seen in the case of the famed Piracy website Tamilrockers. While organizations like National Film Development Corporation have tried to create awareness against Piracy by making and circulating ads with famous Actors like Amitabh Bachchan but these awareness campaigns have not been very effective.
One of the significant challenges in combating piracy in India is the sheer scale and diversity of the country. The vast population, coupled with varying levels of digital literacy and awareness, makes it difficult to implement comprehensive anti-piracy measures. A major reason for rampant piracy in India is the ease of access to pirated content and the low income of the masses. With the GDP Per Capita of India standing at around $2380, many people in the country face financial constraints and are reluctant to spend money on leisure activities, which are often considered a luxury when basic needs remain unmet. Piracy provides an attractive alternative to accessing entertainment content without incurring additional costs. Additionally, the widespread availability of pirated movies and TV shows through various online platforms and physical markets makes it convenient for people to indulge in piracy.
DOES THE CINEMATOGRAPH (AMENDMENT) ACT OF 2023 SERVE ITS PURPOSE?
The recent passage of the Cinematograph (Amendment) Bill, 2023, by the Rajya Sabha represents a welcome step towards combating film piracy in India. The proposed amendments seek to deter potential offenders from engaging in piracy by enhancing the penalties for copyright violations. In addition, by preserving the right of the aggrieved party and the government to pursue legal action in accordance with applicable laws, the bill ensures that multiple avenues exist to combat piracy comprehensively.
However, effective implementation and enforcement of the proposed provisions will be necessary to achieve the objectives of the measure. Just adding on provisions and legislations against Piracy can prove to be counter-effective and can increase the burden on the redressal system instead of effectively controlling piracy.
Crucial roles will be played by stakeholder cooperation, public awareness campaigns, and technological measures in discouraging piracy and fostering a culture of respect for intellectual property rights. Adopting technological measures can play a substantial role in preventing piracy. Implementing comprehensive digital rights management systems and anti-piracy tools can make it more difficult to distribute copyrighted content without authorisation. In the digital era, collaborations between content creators and technology corporations can lead to the development of novel methods for protecting intellectual property.
Only through a comprehensive and multifaceted strategy can India safeguard its creative industries and support the growth of its entertainment industry.
(Shashank Pandey & Varun Pandey are law undergraduates at The West Bengal University of Juridical Sciences. The author may be contacted via mail at shashank222077@nujs.edu and varun222120@nujs.edu )
Cite as: Shashank Pandey & Varun Pandey, Cracking Down on Piracy: A Closer Look at the Cinematograph (Amendment) Bill, 2023, 28 October 2023)<https://rmlnlulawreview.com/2023/10/28/cracking-down-on-piracy-a-closer-look-at-the-cinematograph-amendment-bill-2023/> date of access.
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