Cinematograph Bill, 2023: An Invasion on Piracy

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Introduction

Films have always been a great source of entertainment for the masses. While the budgets infused into films/cinema, multiplexes have gone up exponentially, films and people involved in making such films have always suffered due to the overwhelming presence of “piracy”. The Supreme Court in State of Andhra Pradesh v Nagoti Venkataramana[1] aptly put across the advent of piracy in films stating:

Piracy has become a global problem due to rapid advances in technology. Mainly there are three types of piracy, namely, piracy of the printed word, piracy of sound recordings and piracy of cinematograph films. The object of the pirate in all such cases is to make quick money and avoid payment of legitimate taxes and royalties.”

The Delhi High Court more recently in the case of UTV Software Communication Ltd. & Ors. v 1337X.To & Ors.[2] while discussing the profits earned by such pirates stated:

It is estimated that in India, while the film industry earns around 2 billion dollars from legitimate sources such as screening at theaters, home videos and TV rights, piracy earns 35 percent more at 2.7 billion dollars. It is important to realize that piracy reduces jobs, exports and overall competitiveness in addition to standards of living for a nation and its citizens. More directly, online piracy harms the artists and creators, both the struggling as well as the rich and famous. Consequently, online piracy has had a very real and tangible impact on the film industry and rights of the owners.”

Against this backdrop, the Cinematograph (Amendment) Bill, 2023 assumes… Read more

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