-Report by Avinash Pandey
Copyright infringement (also known as illegal downloading) is the use of certain information or creation, without the permission of the owner, where authorization of the owner of the information is considered necessary. In simple words, it is encroaching upon such unique privileges given to the copyright owner, including the right to reproduce, disseminate, showcase, or undertake the copyrighted material, or to prepare derivative works.
SONY PICTURES NETWORK INDIA Pvt. Ltd. Vs WWW.sportssala.tv and Ors
Sony Studios filed a federal lawsuit against a number of individuals in this matter, chiefly seeking a permanent injunction against reproducing, making accessible, publishing, streaming, etc, sports events of India’s games. Even during the course of litigation, Sony Studios sought an interlocutory order and sought comparable remedies. The Judge issued Sony Studios an order prohibiting webpages, encompassing redirection, clones, and alpha-numeric variants. A restraining order also was issued targeting rogue websites that replicate, transmit, give access, transmit to the community, or redistribute sports events.
The Tribunal also issued an order directing ISPs to prohibit the aforementioned and other pirate networks, as well as directing the Government of India to issue suitable orders to minimize violation of Sony Pictures’ copyrights during the events.
The preliminary injunction also applied to MSOs and broadband providers, and regional inspectors were established to oversee and enforce the Court’s instructions. The Judge’s rulings principally encompass Sony Pictures’ copyrights, and so by inference allow only reasonable usage of the material related to the cricket matches involving India and England/Sri Lanka.
KNIT PRO INTERNATIONAL Vs STATE OF NCT OF DELHI
In this instance, the appellant submitted an application with the chief metropolitan magistrate for the lodging of charges against the defendant for violations of Sections 51, 63, and 64 of the Copyright Act, as well as Section 420 of the Indian Penal Code. Considering the petition, instructions were given to the competent officer to record the FIR in accordance with the applicable legal regulations. Following that, the defendant filed a writ petition with the Delhi High Court, requesting that the court proceedings be quashed, primarily on the grounds that the infraction under Section 63 of the Copyright Act would not be cognizable or bailable crime. The High Court allowed the writ petition and ordered the costs to be recorded against the plaintiffs.
Afterward, the appellant decided to contend this in front of the apex court and stated that the High Court had committed a huge mistake by observing that the offence punishable under section 63 of the Copyright Act is a non-cognizable offense and it is not part of the first schedule of the Cr.P.C. The respondent however contended that the decision of the High Court was correct and the offence under section 63 of the Copyright Act is indeed considered a non-cognizable offence.
The main issue that was raised here was whether section 63 of the Copyright Act and the offence committed by violating it is a cognizable offence or a non-cognizable offence. At the same time reference was made to the High court’s decision on whether section 63 of the Copyright Act can be considered a part of the first schedule of the Cr.P.C. The apex court in its judgment had explained section 63 of the Copyright Act and it provides for the punishment that is awarded to any person who had violated the said section.
In its final judgment, the Supreme Court held that section 63 of the Copyright Act is indeed a cognizable and non-bailable offence and therefore the judgment and the order passed by the High Court are contrary to the views of the Supreme Court. The order was set aside and the Supreme Court ordered the criminal proceedings to start against the respondents in this case for the violation of section 63 and section 64 of the Copyright Act in accordance with the law by treating them as cognizable and non-bailable offences.
