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The IUP Journal of Law Review :
Electronic Infringement of Copyright: A Real Challenge Ahead
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Infringement of copyright through electronic mode is rampant in India. Internet activities like caching, browsing, mirroring, scanning, uploading, downloading or file swapping are some of the ideal examples of electronic copyright infringement. There is still no specific remedy for these infringements. Copyright is not a manual form of right now-a-days, but is an electronic form of right. The electronic infringement of copyright can be commonly seen in the form of software piracy, internet piracy, and local cable networks. The internet service providers, bulletin board services, commercial websites and even private users are responsible for electronic infringement of copyright because they do it for their personal commercial interest. At the same time, lack of strict and specific punishment for disregarding the laws either under the Copyright Act, 1957, or under the Information Technology (Amendment) Act, 2000, leads to electronic infringement, resulting in trade losses. Therefore, there has to be serious check on it.

 
 
 

Rapid development in the field of science and technology has brought the nations very close to each other, resulting in a global village. Territorial boundaries no more remain as barriers for the expansion and dissemination of any concept, and the concept of copyright is not an exception. Hindu philosophy has a Vedic origin. From the Vedic era the concept of Vasudhaib Kutumbkam, i.e., the whole world is a big family, also preaches the tenets of co-existence, brotherhood and devotion for universal peace, unity and integrity. It is important to remember the purpose of copyright which is for public welfare, enlightenment and `the encouragement of learning'. Justice Hugh Laddie observed, "The whole human development is derivative. We stand on the shoulders of the scientists, artists and craftsmen who preceded us. We borrow and develop what they have done, not necessarily as parasites but simply as the next generation. It is at the heart of what simply we know as progress." The provisions for infringement and piracy may concentrate on the copyright materials with the powerful corporations, particularly the Hollywood studios. This may not only lock various copyrighted materials from public domain whose access would be unaffordable for the population of a country where 70% of its population still live in rural areas, but may also seriously erode the common cultural products through a systematic homogenization, thereby, affecting the most prolific, colorful and culturally diverse industry, Bollywood.

The Copyright Act, 1957 provides exclusive right to the author, which also includes publication rights. When an author or a creator or a publisher publishes their creation in an electronic mode, or puts it on electronic medium, the copyright remains with them which is known as electronic copyright of the author. When other users of internet manage to copy these creations without paying a penny, or without permission, it is called electronic infringement of copyright.

 
 
 

Law Review Journal, Electronic Infringement of Copyright, Commercial Websites, Internet Service Providers, Local Cable Networks, Copyright Law, Digital Technology, Computer Program, Computer Databases, Computer Network, Network Service Provider, Information Technology, Software Distribution Channel, Online Advertisements, Globalization, Social Development.