A Study on Copyright and Online Piracy in India


Copyright is an indispensable part of Intellectual Property.


Intellectual Property: Intellectual Property also known as IP in short is for those creations which are created by Intellects, meaning thereby that they come because of the intelligence of the human mind. Intellectual property covers many things. With each passing year, the development we are doing is also increasing the Intellectual Property of our country. Therefore, it is not wrong in saying that, Intellectual property at present exist in different forms such as Copyright, Patent, Trademark, Geographical indication, etc.

This blog was submitted by Parul Sardana

Copyright: If we are to explain the term “Copyright” to a layman, then we can easily define it as an “Author’s right”. Copyright can be exercised on any literary, artistic creation such as books, music, sculpture.[1] We can define Copyright as “The value and recognition which a maker of a product get is Copyright. This recognition is given by Law to the maker. He can make anything with his intellect. By way of recognition and by giving the creator protection, we are actually recognizing his efforts and we give him a legal sanction.

Copyright Piracy:

Copyright Piracy can be defined as a situation in which the author’s work is duplicated in any of the forms or ways and without taking the consent of the author.

There are different ways of doing Copyright Piracy. Copyright Piracy can happen of a book, of a computer, of a literary work, or of anything. Thus, take the example of a Book, is anyone reproduces a film based on that book and uses it, without taking the consent of the author of the book, then it is said that piracy has occurred.[2]

Though the concept of Copyright and Copyright Piracy is as old as Radio. But the concept has emerged as a grave problem during these recent years only.

Status Quo

Status quo of Copyright in India: At the outset, it can be said that the Copyright laws in India are much more convenient and suitable as compared to other countries of the world. India has from time to time, amended its Copyright Legislation. And with each amendment, punishment for Copyright violation has been made more stringent. (Want to read about Fair use in Copyright?)

Status quo of Copyright Piracy in India:

Crime of Copyright Piracy has increased to a large extent in these recent years. Copyright piracy occurs when we don’t give legitimate due recognition to the person who had made it. A lot of money is spent to register a Copyright. Therefore, the Protection of Copyright is considered important.

Role of Copyright in maintaining International Relations:

The role and importance of Copyright in maintaining International Relations can’t be set aside.

John Doe Order: An attempt by Indian Court:

An amazing effort done by Indian Courts is of an order named as “John Doe Order”. This term imply that the identity of the person would not be disclosed at the time of filing of the petition. This is a good step by Indian Court.[3] In recent directions, Indian courts are moving in the right direction. John Doe order is a great tool that has bought great awareness regarding Intellectual Property.

Online Piracy: A Threat to Indian Economy:


Copyright Piracy is emerging as a grave problem these days. Thus, it needs to be controlled. Because there is a huge role of Copyright in the Indian economy.


Thus, the Author is of the view that the current laws are ineffective and more work should be done in making a law that would specifically focus on stopping Online Piracy.

[1] WIPO, “Understanding Copyright and Related Rights

[2] Clay Wilson, “How will Public Policy control Copyright Piracy in the age of the Internet”,

[3] “The Legal Battle Against Online Piracy in India”, MY ADVO.