Friday, March 16, 2012

IMI WINS BATTLE AGAINST DIGITAL PIRACY

Indian Music Industry (IMI) wins the biggest battle against digital piracy in India
Mumbai, March 15, 2012: The Indian Music Industry (IMI), the umbrella organisation of the music industry that is responsible for combating Piracy in India, obtained Mandatory Injunction Orders from the Calcutta High Court (dated January 27th, February 6th, March 1st & March 2nd) directing 387 Internet Service Providers (ISPs) to block 104 Music Copyright Infringing websites within 36 hours of the date of the intimation. This unprecedented initiative was a result of an exhaustive petition filed by IMI and its constituencies under CPC Order 1 Rule VIII against the identified ISPs.



Mr. Vijay Lazarus, President, IMI

Commenting on the achievement, Mr. Vijay Lazarus, President, IMI, said, “Piracy is an impending problem for India’s media and entertainment industry, causing losses of about Rs.20,000 Crores every year due to copyright infringement. Recent estimates suggest that India’s Digital Music Market is in the range of Rs.5000 Crores but only 7% of it is legitimate. We hope that such a move will help curb piracy and go a long way in supporting original music and its creators.”


The Court order also serves Perpetual Injunction restraining ISP’s and each one of them in or their officers - employees, agents, servants and all others acting on their behalf and in active concert or participation with them or any of them from reproducing, adopting, distributing, communicating, transmitting, disseminating or displaying in any manner from infringing and/or causing to be infringed the copyright in sound recordings belonging to the PPL/IMI Plaintiff Member Companies.

Commenting on this initiative, Mr. Savio D'Souza, Secretary General, IMI, said that, “It has long been the case that enforcing rights against online infringers have been difficult owing to the inherent nature of the worldwide web but IMI through its consistent and intensive operations have managed to obtain court orders prohibiting some prominent illegal music websites to stop operation within 36 hours of intimation. IMI will continue to work towards combating piracy at each level to reduce the loss of revenue currently faced by the music industry’’.

The Court has directed the ISPs to use the following 3 methods, or any other method to block access to the infringing websites – 1. DSN blocking, 2. IP Address blocking using routers, 3. DPI-based URL blocking using ACLs on NMS.

Role of DoT & TRAI:

The Government of India Ministry of Communication & IT: Department of Telecommunications [DoT] had issued a guideline dated August 24, 2007 bearing no. 820-1/2006-LR for grant of license for Internet Services on non-exclusive basis with immediate effect in respect of the infringement of copy right as follows:

Point No. 27 “Flow of obscene, objectionable, unauthorized or any other content infringing copy-rights, intellectual property right and international & domestic Cyber laws in any form over the ISP’s network is not permitted and the ISP is supposed to take such measures as to prevent it. Any damages/claims arising out of default on the part of the licensee in this respect shall be the sole responsibility of the licensee [i.e. ISP]”

On 11th April, 2011 Government of India issued a notification mandating that; an Internet Service Provider [ISP] like other intermediaries should protect & preserve copyright of other persons and remove any violative material from the internet so that the same is not circulated without license or authority.


About The Indian Music Industry (IMI):

The Indian Music Industry (IMI) is a consortium of 142 music companies including several prominent regional and national labels such as SAREGAMA, Universal Music, Tips, Venus, Sony Music, EMI, Aditya Music and many others, acting through their principal officers and representing over 75% of the output in legitimate recordings and a wide range of musical repertoire. IMI strives to protect the rights of phonogram producers and in the process promote the development of musical culture.

IMI represents the recording industry of India and is affiliated to IFPI the World Industry body having 1,450 members in 75 countries and Industry Organizations in 48 countries.

About Phonographic Performance License (PPL):

PPL is the exclusive Copyright Society engaged in the business of music licensing of the recording industry, with affiliates in 45 countries of the World. PPL, incorporated in 1941, is the apex-licensing arm of the Indian Music Industry (IMI), and was formulated to administer the Broadcast, Telecast and Public Performance rights of its member companies. Formerly known as Indian Phonographic Industry (IPI), PPL is registered with the Registrar of Copyrights since 1996.

The member companies of PPL have assigned their performing rights in Sound Recordings to PPL, by virtue of which it is the designated authority to issue Public Performance Licenses all over India and also ensure fair payment of tariffs to all the recording companies. This includes the communication of music to the public in any form, be it acoustic or visual and covers music recorded in any format or communicated by way of a Radio, a World Space Receiver, a Television Set or a Cable Network.

PPL has its registered and administrative office in Mumbai and licensing offices in New Delhi, Chennai, Kolkata, Bangalore, Hyderabad, Goa, Jaipur, Pune and Chandigarh.

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