This Article has been written by Swarnav Biswas from CHRIST (DEEMED TO BE UNIVERSITY) Delhi NCR. Swarnav is a currently second year law student.
The world of globalisation currently makes us think about and revisit to the past concepts of societal goods and wrong. In the globalised world crime is not only being organised physically or in front of our eyes but the digital spaces open a wide scope for the habitual criminals to commit crime sitting remotely. Copyright infringement is one of them. So we have to look into the meaning and definition of “copyright” both traditional and in recent context. In India Section 14 of the Copyright Act 1957 define what is copyright very pertinently inclusive of original artwork, dramatic work, ownership of the computer programme, musical composition and so on. The prior mentioned legislation has intended to uphold the interest of copyright holders and to protect it.
The Copyright Act, 1957 is the mere need of the current globalised India as ubi jus ibi remedium, when there is a wrong there is a remedy. The recent evidences of copyright infringement are happened not only in physical form but also in the digital sphere. The intellectual property protection in the form copyright protections incentivizes innovation and artist and they are motivated to engage in practicing the same. We all know about the current dominance of Social-Media and its usage world-wide. The Current evidences of copyright infringement cases on the record and off the record is majorly sourced from social media and social media’s streaming platforms.
What is Social-Media Live Streaming?
We all know that it is quiet pertinently evident currently that people are not anymore enjoying with their hearts it may be enjoying their life or enjoying some scenic beauty having been through during their travel. They are more inclined towards capturing those things to show them off publicly via social media. That mindset led the boon for the artists called social media live streaming. As in many times, In the concerts and even of the small cuts of web series and films have been showing through social media live streaming by various dubious accounts. So people can get easy access of those artistic work without paying a penny.
Before diving deep into developing fundamentals of Social-Media Live Streaming, we have to go into the roots of it that how the mechanism of social media live streaming has developed. We need to go through into the analysis of the historical development of Facebook by Mark Zuckerbarg, Instagram and You-Tube. Social Media Live Streaming Platform is a mechanism introduced by various social-media platforms like Facebook, Instagram, You-Tube, and X (formerly known as Twitter).
- Six Degrees is still now considered as a first social networking site which was launched in the year 1997 and included features such as making your new profile and making new friendships with other users.
- Friendstar launched in the year 2002 that allows people to connect with people and discover new people around the globe. As the user base of the Friendster had been growing day by day, it was hard to accommodate the growth of Friendster with arisen technical difficulties in that platform made a launch of new platform named Myspace.
- Myspace was launched in the month of January, 2004.
- Facebook was launched by Mark Zuckerberg and his friends when they were college going students. Facebook was launched in 2004 as a social media network specifically for college and university students.
Now we will be looking into how the SML platforms work:
We all are technology enthusiast nowadays. We all know how to operate Facebook, Instagram, Twitter and other new social media handles. There is a mechanism inbuilt in these apps that is called Facebook Live or Instagram Live which is a SML (Social-Media Live Streaming) platform.
These Mechanism creates a wide scope for its user to go live with his/her followers and share their moments with them. But some of them are not restricting themselves intro sharing live videos only, but also there are many fake accounts which shares the live content of OTT platforms like Amazon Prime, Netflix, Hoichoi and many more. As we all know these Facebook and Instagram and YouTube has earning sources as per the engagement in the videos and as per the Meta and Google Algorithm video gives more engagement rather than normal feed post.
How SML platforms violates the copyright of Indian Film Industry
To discuss about the copyright violation of Indian Film makers, we have to first look into the recent instances of judicial pronouncement which is significant to this issue.
In the recent case Yash Raj Films Private Limited v Triller Inc, talks about the roles of an intermediary platforms in combatting copyright infringement. The present case was filed by the reputed one of the biggest film production and distribution companies, Yash Raj Films for infringement of their copyright by a US based short video platform, Triller. Yash Raj films sought and injunction as well as damages for infringing the same as for the copyright infringement.
In that case main case was revolved around the liability of the defendant as the platform uses an extraction tool, which makes the plaintiff’s copyrighted work to the app’s users to make short videos using that. It is one of the example of the copyright infringement of Indian Films by Social Media Live Streaming.
Conclusion
In conclusion, the rise of copyright infringement on social media and streaming platforms, particularly in the context of Indian film content, poses significant challenges to the creative and economic interests of the film industry. The advent of Social Media Live Streaming (SML) platforms on platforms like Facebook, Instagram, and YouTube has opened up new avenues for individuals to share live content, including copyrighted material, without proper authorization.
The Copyright Act of 1957 in India plays a crucial role in safeguarding the rights of copyright holders, including those in the film industry. Recent instances of copyright infringement, as exemplified by the case of Yash Raj Films Private Limited v Triller Inc, underscore the importance of addressing the role of intermediary platforms in combating such violations. The case highlights the liability of platforms that enable users to extract and share copyrighted content without proper authorization.
As technology continues to advance, it is imperative for legal frameworks and enforcement mechanisms to keep pace with these changes. Striking a balance between the protection of intellectual property rights and the evolving landscape of digital content sharing remains a complex challenge. The need for proactive measures, legal awareness, and collaboration between content creators, platforms, and regulatory authorities is paramount to mitigate the adverse effects of copyright infringement on the Indian film industry.
In essence, addressing copyright infringement on social media and streaming platforms requires a multifaceted approach that involves legal scrutiny, technological solutions, and an understanding of the broader implications for creativity, innovation, and economic sustainability in the film industry.
References:
- Yash Raj Films Private Limited v Triller Inc CS(COMM) 9/2023
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