Internet: A tool of Copyright Infringement

By Vikram Kumar*

The advent and use of Internet or the World Wide Web (www) has become the unavoidable addition in our lives. The Internet can be better known as a kind of global meeting place where people from all parts of the world can come together. It is a service available on the computer, through which everything under the sun is now at the fingertips of anyone who has access to the Internet. The internet makes possible the access to the materials in the forms of text, graphics, audio, and video etc., stored in the files of millions of individual computers.
The materials posted in the Internet are not granted to be in the public domain, and it does not grant permission to users to do further copying except such sort of copying, the poster might have expected in the ordinary course. The copying of postings available in the Internet, in violation of express notice of posters (publishers), may amount to Copyright infringement. Thus, the Internet has come heavily on the rights of Copyright owners and it threatens to upset the balance between private and public interest created by the Copyright legal system. The root cause of problem lies in the conflict between two ideologies associated with the Internet i.e. - ‘Freedom of Information’ and ‘Freedom to Information’. In other words there is no restriction to the information available on Internet in any form, one can access it and use it in any manner that one desires to. On the other hand if one is to look at the ideology of Intellectual Property protection, it can be reasoned, that it is meant to give protection to the author of the work. When these two ideologies are juxtaposed the problem becomes evident.
The Copyright infringement through Internet takes place by following acts:-

By Linking:-

By Linking a connection is made between the contents of two different files located on the same webpage or elsewhere on the Internet. Generally Linking does not amount to Copyright infringement and reason is that going online creates an implied license for any one with a computer to view the webpage. But, Linking in violation of the express notice of the Copyright owner is the infringement. If the author of a webpage don’t want any one to link inside and one do it and facilitates others in copying the material available through Linking, one would be held liable for contributory infringement. Though, in absence of any express notice, there is an implication that authors of webpages welcome links to them and give permission for this to happen.

By Framing:-

The practice of Framing is related to Hyperlinking and Deeplinking. Framing is the building of multi-pane web page containing another person’s web page inside a frame with one’s own contents, leads to the creation of a composite or derivative work without the permission of the author of the main component and this infringes Copyright, as the webpage attempts to ‘pass off’ other’s materials.

By Caching:-

Caching is fundamental to the efficient operation of Internet and it usually involves storing the materials of webpage in the computer memory cache, which can quickly retrieves the materials on request. Caching involves the copying of documents displayed on the computer screen, when one is browsing the web page or it involves temporary retaining of the copies of documents which are reviewed by the user in past and when the computer receives a request for the documents previously viewed, it brings up the cached copies rather that retrieving the documents from Internet. Caching is also concerned with E- trading, wherein the documents are stored by an ISP (Internet Service Provider) and whenever request is made by browser, the ISP checks of the documents already stored in the machine and if it has stored it, the server sends this cached copy of the document to the browser. In all types of Caching, there involves potential infringement of ‘right of reproduction’. In addition it may amount to infringement of the rights of public distribution, public display, public performance, and digital performance. Since, copies of copyrighted works may be further distributed and displayed or performed from the cache server to the public.

By Archiving:-

Archiving is the process of downloading and storing the materials of one webpage to another so that second webpage can provide its users with the material of first webpage without having hyperlink to the former to retrieve the materials. Hence, the user when clicks on the hyperlink, instead of going to the webpage, the user will be taken to another area of same webpage, where the materials are stored and this amounts to copyright infringement.

Remedies:-

The remedies available are Civil, Criminal and Administrative. Under Civil remedies, one can get the relief in the form of Injunctive relief, Compensatory relief, Account of Profit, Delivery of infringing copies and Damages for conversion. The cost of the parties in any proceedings of infringement shall be at the discretion of the court. The infringement is covered under the category of grave offences and strongly policed. The infringer can be punished with imprisonment or fine or both. Special powers to Police are given for seizure of infringing copies under the enactments. The competent authority can also take administrative action by banning the import of infringing copies and by securing the delivery of the confiscated infringing copies to the owner of the copyright.

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* The author has completed his LL.B. (Gold Medal) & LL.M. from B.H.U. He qualified the UGC-NET exam in December, 2003. Presently, he is working with Legal Department of Sahara India at Lucknow.