Downloading Music from net is it a crime?

[hailgautam]

I asked whether listening to online music/ downloading online music makes one a criminal, here but did not get an answer. Any way I did some research on the subject and the following are the results:

Before we discuss about the piracy and copyright violation it is prudent that we understand what these words refer to:

What is Piracy?

• Robbery on the high seas; taking a ship away from the control of those who are legally entitled to it
• The act of plagiarizing; taking someone's words or ideas as if they were your own.
• The unauthorized use or reproduction of copyrighted or patented material: software piracy.

What is copyright?

• a document granting exclusive right to publish and sell literary or musical or artistic work

• The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work.

What is then Copyright Violation?

• Copyright infringement is the unauthorized use of copyrighted material in a manner that violates one of the copyright owner's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works that build upon it.

These definitions are from Answer.com and Wikipedia, but they are not relevant in legally for determining the copyright provisions towards listening to music in India. Therefore I read the Indian Copyright Act to see what it provides. I have summarized the relevant provisions below.

A Discussion of Indian Copyright Act 1957

• Sec 13 states that the copyright subsists on original literary, dramatic, musical and artistic works among others.

• Sec 14 defines the meaning of copyright where it states that to do or to authorize to reproduce, issue copies, public performance, translation and adaptation among others.

• Sec 27 provides the term of copyright is 60 years – from the year in which the record was first published.

• Sec 51 defines the copyright infringement as any person without a licence granted by the owner of the copyright or the Registrar of Copyrights does anything (refer Sec 14) and makes for sale, distributes, exhibits in public.

• Sec 52 Certain acts are not infringement of copyright: fair dealing for the purpose of Private use, including research, criticism, review, or for teaching.

• Sec 63 provides that a person who knowingly infringes shall be punishable with imprisonment for a term of six months and with fine of fifty thousand rupees. Further provided that where infringement has not been made for gain in the course of trade or business the court may, for adequate and special reasons to be mentioned in the judgment impose impose a sentence of imprisonment for a term of less than six months or a fine of less than fifty thousand rupees.

• Sec 63B provides that where a person uses a infringing copy of a computer program shall be punishable with jail term of 7 days to 3 years and fine of 50K to 200K.

Conclusion:

• You can rip the songs from your CD and listen it privately – provided in the Sec 52.
• Sec 63B provides for punishment for use of infringed software; however there is no such provision similar to Sec 63B for sound recording. That means infringing copyright on sound recording is punishable but using Infringed sound recording for private purpose is not a violation of Copyright Laws - Sec 52 comes to your rescue.

I am not very sure about the 2nd conclusion though, but the plain-reading of the Copyright Act seems suggest that. Let me know if I have missed anything.

[ilugd]

yeah, guess it means the person who copies music from his cd and distributes will be in trouble, not the person who uses it.

[kumarmohit]

I am not a lawyer yet (still in law college) but I find the act very sane and intelligent if compared to draconian things like the Digital Millennium Copyrights Act. Indian Courts and Legal system are one of the best in the world

[Stick]

Originally Posted by ilugd

yeah, guess it means the person who copies music from his cd and distributes will be in trouble, not the person who uses it.

It means if Thief use loot for personal use police will not catch him but if he sell it to any one he will be caught by Police surely.

[Aberforth]

Originally Posted by kumarmohit

Indian Courts and Legal system are one of the best in the world

Its relative. Some of Indian laws are old and outdated but the newer ones are more humane compared to Patriot Act, DMCA, anti-abortion laws, etc. The laws for entrepreneurship and business are still conductive to business which hopefully, will be revamped.

[hailgautam]

Originally Posted by Stick

It means if Thief use loot for personal use police will not catch him but if he sell it to any one he will be caught by Police surely.

There is a logic in that, if you see the sec 51 which is describes an infringement is a wide defination. For example if you were to play an Audio CD on a loud speaker in your locality so that everyone can listen - this is a infringement of copyright. So police can't go and catch the people who are going on the road listening to the music. This is to protect the innocent.

This is not the case with software - if you use - you are in dock.

U/s64 police has the right to seize infringing copies- That is they come chasing behind you if you have a illegal copy. The copyright holder has to file a suit against you and only then police will take action. - this is provided in the section 55.

[iMav]

distribution of pirated software is a crime .. u crack it u use it no harm but if u make copies and start distributing ur going against the law ...

[hailgautam]

For cracking software there is another act in place and that is your Information Technology Act 2000. In that act Sec-65 provides the following as offence: knowingly or intentionally concealing, destroying, or alters any computer source code. Punishment: Free Lodging and Boarding for 3 years and Fine 200K or both.

[kumarmohit]

Originally Posted by hailgautam

Punishment: Free Lodging and Boarding for 3 years

Tell that to someone in my law college LMAO

[led_shankar]

@gautam: OMG, did you research all that yourself?

rep, either way

[cyborg47]

There was a cybecafe near my house, its owner used to sell mp3 music for money. Once a guy came asked for some selected songs and when the owner was about to write him the music cd, the customer revealed his identity that he was from the anti-piracy inspector. The owner got arrested for some days and left out.