Cyberspace And Its Contribution To Copyright Infringement…

Technology has given us the internet Through the internet we have started communicating more, researching more, and gaming more. Through the Internet business deals are also done smoothly without worrying about geographical boundaries.  With each passing day, the Internet became essential in almost every sector. Whether it is an important document or a business deal internet started saving all of this.  Better communication came from the existence of cyberspace. But as everything has its pros and cons so does cyberspace. Cyberspace started getting challenging. The risk associated with cyberspace started attracting more numbers which at last required legal action. A new kind of robbery has now started doing the rounds of the legal world. Online piracy is truly a menace to the cyber world.

Copyright in cyberspace.

The internet is generally seen more as a curse than a blessing by copyright owners. Purchasing, selling, copying, and distributing someone else's work without that person's consent is known as copyright infringement. On the internet, it is relatively simple to replicate anyone's work. It takes only a few seconds to download other artists' work. Since the terms "internet" or "digital" are not mentioned in the Copyright, Design, and Patent Act of 1988, the copyright owners felt it was difficult to pursue legal action against the infringement.

Only computer program is covered by the Indian Copyright Act of 1957. Sadly, there is no indication of online piracy in the activities taking place all over the world. The 2012 Amendment Act also regressed and omitted any references to the internet or digital technology. The enactment's flaw gives rise to a number of legal problems. According to Section 4 of the Copyright Act, the creator of any musical, dramatic, literal, and aesthetic work is entitled to protection. The owner of the digital work is also entitled to the same protection. Online theft is therefore a violation of copyright.

The landscape of copyright has changed significantly as a result of the development of technology. It is a simple, affordable, and efficient way to steal someone else's creation and distribute it to millions of people with the touch of a finger.

In the case of Religious Technology Center v. Netcom Online Communication Service Inc., it is also noted that the internet is to blame for how deeply ingrained piracy is. Preventing infringement is a significant issue since the internet facilitates widespread communication. Because of that, copyright owners typically experience much greater challenges and legal troubles.

The infringement of copyright takes place in different manners namely,

1. Framing

2. Caching

3. Plagiarism

4. Linking

5. Archiving

Jurisdiction in Case of copyright infringement in Cyberspace

Making a decision on jurisdiction in a cyberspace copyright infringement lawsuit is highly interesting. Often, it serves as a barrier. The issue is how to decide the jurisdiction—whether it should be determined based on the place where the work was created, where the copyright was violated, or where it was exhibited. The laws of many nations determine the jurisdiction. Furthermore, even if the issue of jurisdiction is resolved, there will still be delays because different nations have different legal systems that frequently conflict.

As stated in the ruling in Yahoo! Inc. v. Akash Arora, the plaintiff was within the state's boundaries, hence the extent of jurisdiction might be expanded. The Delhi High Court further stated that a business contract should be in place in order to understand online infringement. The Madras High Court further concluded that section 62 of the Copyright Act, 1957, recommends an additional ground for comprehending the jurisdiction of the court in the matter of Wipro Ltd. vs. Oushadha Chandrika Ayurveda. The provision states that the copyright holder may bring a lawsuit against the infringer in the district in which they reside or conduct business.

The WIPO Copyright Treaty, WIPO Performances, Phonograms Treaty, and the BRENE Convention are similarly considered as being silent when it comes to deciding the jurisdiction.

Challenges faced in making laws for copyright infringement in cyberspace

The printing press era saw the beginning of copyright. During that time, just a small number of persons were in charge of the press. Infringing on intellectual property was considerably more profitable back then than it is today, but it was also simpler to track down the offender. Technology advancements made piracy far easier than previously assumed, and difficulties in discovering the offender increased. The law's primary issue with copyright infringement is its failure to recognize intermediary culpability.

The liability issue is the most important one from the perspective of copyright infringement. Who will be responsible? Whether the party that dispatches the job, the party who receives the work, or the internet service provider, from the perspective of the judiciary (ISP). In accordance with section 79 of the Information Technology Act, the ISP is not accountable for the offense if he can demonstrate that he was unaware of the infringement or that, despite exercising reasonable care, he was unable to stop it. According to the Indian Copyright Act, the infringement or aiding and abetting has to be done deliberately by the person. The offender will only be accountable if the infringement is willful because of how widely used the Internet is.

The Delhi High Court ruled that section 79 of the IT Act does not cover any copyright infringement effects and that the owner has no control over the intermediaries, contrary to section 81 of the IT Act, in the case of the Super Cassettes business Ltd vs. Myspace Ins and Anr. Hence, the copyright owner cannot sue the ISP under the IT Act, but under the Indian Copyright Act, the copyright owner may sue the intermediaries.

Remedies for Copyright Infringement

There are numerous remedies available for copyright infringement, and whether or not the copyright was registered, the owner can still pursue remedies. Section 55 of the Copyright Act lists the civil remedies for copyright infringement.

• Injuction

The interlocutory injunction is the first and most common remedy. It frequently happens that the case is dismissed after the interlocutory stage.

•   Pecuniary remedies

Sections 55 and 58 both specify monetary remedies. It basically consists of three stages, the first of which is the profit margin. The profit the infringer has made from the infringement is referred to as the amount of profits. The second one is compensatory damages, which is the sum of losses incurred by the owner as a result of the violation, and the final one is the conversion amount. The conversion amount is the amount subtracted from the item's value.

The criminal remedies available for copyright infringement are as follows-

1. It includes imprisonment of up to 3 months, but not more than 3 years.

2. Fine up to Rs. 50000, which may extend up to Rs. 200000. 

3. Search and seizure of the property.

4. Deliver the infringed goods to the copyright owner.

Conclusion and suggestion

The copyright industry is constantly evolving. The development of the internet has made copyright protection increasingly challenging. We see new potential in cyberspace, but with those opportunities also come new hazards. It is currently urgently necessary to safeguard copyright and create rules against copyright infringement.

The concept of internet copyright infringement and its effects should be made known to society. To prevent infringement, one should additionally include a copyright statement.