India is the 3rd Highest Consumer of Pirated Content in The World
You know India recorded 6.5 billion visits to piracy websites in 2021 – the 3rd highest in the world after U.S and Russia.
Ever wondered the reason for such a rise?
It is easy to find pirated content.
“Watch Batman 2022 on 123movies online for free”
“1movies, the best and easiest way to watch Gangubai Kathiawadi online for free. You can also watch it on Netflix, but you need to wait until it’s released”
“Morbius Movie Download Free in HD Quality”
“Watch Indiana Jones and the Temple of Doom which is released only in specific countries for free on HD Online now!”
“Watch Gehraiyaan on Amazon Prime Video. Start your 30-day free trial today and avail an annual subscription package for Rs. 1499”
Given that people receive such results on Google when they search for their favourite movies, it’s no wonder that pirated content skyrocketed in 2021. And in the case of the 5th example, people would rather prefer free-content to subscription-based OTT platforms.
How Piracy is Affecting Revenues of OTT Platforms?
Karan Bedi, CEO of MX Player said that they suffered a loss of 15-20 million in their ad revenue as people watched MX content via illegitimate means regularly. Ashram, one of their popular shows would have gained 20% more viewership if watched legally.
Shailesh Kapoor, CEO of Ormax Media said that according to estimates 23 million people in India had watched at least one episode of Scam 1992 on SonyLIV but the platform accounted for only 2 million subscribers. So where did the remaining 21 million viewers come from? Even If they assumed that many watched with their family on the same subscription, it still doesn’t explain the remaining 16 million viewers.
India’s National E-Commerce Policies Against Piracy
The above data points and facts nudged copyright owners and policy makers to consider and introduce stringent antipiracy measures.
Before this policy came into force, several pirate sites were blocked as per court orders, but there wasn’t any formal legislation or policy to bring down or block torrents, streaming sites, and other websites that allowed access to pirated content.
National e-commerce policies to curtail piracy are adapted from those that are already operational in other regions of the world. Let’s check out the national e-commerce policies against digital piracy in detail:
Internet service providers like Airtel Xstream Fiber, BSNL, Reliance JioFiber, etc., are required to introduce measures to stop the circulation of pirated content online. But these measures are yet to be detailed.
‘Trusted entities’ like movie companies should be prioritized by ISPs when it comes to resolving copyright complaints. The identification of trusted entities and anti-piracy measures will happen on a voluntary basis.
If ISP providers are notified of infringing websites by copyright holders, they should immediately remove or disable access to the alleged content. This measure is loosely adapted from the takedown provisions of the DMCA.
A body of stakeholders will be created who will identify rogue websites that host pirated content and include them in the “Infringing Websites List’ upon verification, which will lead to the following:
ISPs will remove or disable access to the websites that belong to the IWL. In the UK, this policy requires a high court order even if the website is already present in IWL.
Since rogue websites earn their revenue through online payments derived from subscription or advertisement revenue models; these will now be routed through payment gateways that do not permit to and fro payments from such websites.
Search engines are required to remove websites listed in IWL from their search results. There’s no clarity on how this measure will be carried out as it may require foreign companies to comply as well.
Advertisers and advertising agencies shouldn’t advertise on websites that belong to IWL.
What are your thoughts on the proposed legislation?
Are they effective enough? Do you think that foreign companies will comply with it if necessary? Let us know in the comments below.
Digital piracy remains the biggest threat to content creators. While content creators and production houses put in a great deal of effort and money to create good content and obviously look forward to monetize their movies, TV shows, etc., the pirates share copyrighted content at will. Rogue websites are one of the most successful ways in which the pirates try to hoodwink antipiracy companies and law enforcement agencies. These new techniques by pirates can only be dealt with futuristic and very stringent technical and legal measures by way of legislation, courts, law-enforcement agencies and antipiracy companies.
Rogue Websites-What are They?
Also known as, Hydra Headed Rogue Websites. The registration and ownership details of these websites are always masked. The ad network usually is anonymous.
Why Such Websites are Referred to as ‘Hydra’
The Lernean Hydra in Greek mythology, who is the offspring of Typhon and Echidna, is a giant water snake-like monster that has nine heads, one of which was immortal. Anyone who attempted to behead the Hydra would soon find that when one head was cut off, two more heads would appear from the fresh wound. Rogue websites operate the same way. When enforcement agencies, courts, or antipiracy companies bring down such websites, a multitude of them spring up and continue sharing infringed content.
How to Identify Rogue Websites?
Here’s a list of what you can look out for when checking for rogue websites:
The primary purpose of the website would be to commit infringement and facilitate infringement
The registration and details would be masked
There will be a lack of action by the website on receiving takedown notices or warnings by the copyright owner
The owner will generally show forms of disregard for copyright
Check if there is any existing court order that has disabled access to such websites
Verify traffic frequency to access similar websites
Blocking rogue websites is one of the most effective ways to curb piracy.
How to Block Such Rogue Websites?
The Indian courts have realized such rogue websites have to dealt with “out of the box” legislation. Accordingly, John Doe Order aka Ashok Kumar order has been introduced as a new and strong force of fairness. This is a preemptive order that can be obtained against internet service providers, different cable operators, and the illegal and unlicensed distributors of different forms of content; and has proven to be very effective against hydra headed rogue sites.
John Doe Order aka Ashok Kumar order-A Few Details
Ashok Kumar Order or John Doe Order is an injunction provided by the courts when an anonymous person violates the IP rights of the IP rights owner and cannot be discerned at the time of filing the suit. It protects the IP rights owner by enabling them to serve notice and take stern legal actions against the infringers. The plaintiff or the IP rights holder has the legal right to search the premises and capture evidence of an infringement. If the person understands that there is the likelihood that his work is being pirated or infringed by an unidentifiable person, he is entitled to the proposition of the court for issuance of John Doe order. They are awarded ex-parte since the defendant is unidentifiable and the time is crucial.
Conclusion:
It is heartening to see that Indian courts have risen to the occasion and have come out with such legislations to support the content creation industry. An industry or ecosystem of actors, directors, artists, musicians, craftsmen, writers, transporters, caterers, productions houses, etc. can only flourish and remain viable if we are able to adequately control and defeat digital piracy. For a comprehensive antipiracy solution that also includes procuring the John Doe order and blocking rogue websites, please drop us a line
For many decades – especially in the 1980s, music was stored and distributed in the form of vinyl records until cassettes and CD sales took over in 1988 and 1991 respectively. Back then music production was done manually; But, the advent of the internet gave rise to new distribution channels and reduced the cost and time with regards to production. While distributing music in traditional modes slowly became outdated, content was now easily accessible to everyone through their smart devices with an active internet connection. However, all this convenience came at a cost; rampant piracy. Unauthorised copies are either bootlegged for below-market prices or traded without payment.
Jubin Nautiyal, who became famous for The Humma Song from Ok Jaanu and Zindagi Kuch Toh Bata from Salman Khan’s Bajrangi Bhaijaan was devastated when his new single, Haaye Dil got leaked online a few days before its release. He said that while he was getting ready to perform at the concert, someone started playing it from the adjacent building. He said he was depressed and even filed a complaint.
When Madonna’s 2015 album Rebel Heart got leaked online, she told the New York Times” I felt raped, there are no words to describe how devastated I was.” When Jai Paul’s debut album was leaked online, he disappeared from the public for six years because he was feeling distressed, suffered from a breakdown and withdrew from life.
According to an article published on Jun 04, 2020, in The Economic Times, it was estimated by the 2019 International Federation of the Phonographic Industry (IFPI) that the music industry loses about Rs. 1,000 crore a year due to piracy. Out of which, Indian Music Industry (IMI) makes up for 67% and average global piracy constitutes 27%.
All that a pirate needs is just one copy, that’s either acquired legally or illegally, to make thousands of copies and sell it online for a less price. They don’t mind facing legal charges and they’re even finding new ways to get around media locks. In fact, consumers prefer downloading music from third-party websites since it’s available for free as compared to purchasing from streaming platforms like Spotify or iTunes.
Another medium of piracy is P2P network/file-sharing networks; since file-sharing can be done directly among individuals there is a need for few servers or none at all. Many music file-sharing services like Napster emerged with features like a search index for available content. Through the provision of incentives, they even encouraged users to share their files. Well, Napster was later sued and shut down for illegally distributing copyrighted material. WhatsApp groups and Telegram is also an attractive source for Indian content.
Music piracy creates a hefty loss especially for struggling artists and producers trying to make a career, it affects their livelihood; hence Indian copyright laws must be upgraded further to curb digital piracy. Here are some other ways to deal with piracy:
Remove Incentives: Offering good products at a fair price can stop the consumers from looking for pirated content. Other features like good quality content with zero buffering and listening to music offline can also help reduce piracy.
PR and Education: Consumers who download unauthorised content might not always be aware that it’s illegal and that it’s a crime. Therefore, necessary steps need to be taken to educate them about the copyright laws, rules and consequences of piracy.
Technology: You can’t fight against piracy unless you know where the infringement actually took place. But, with technological interference at the pre-transmission stage, it is possible to monitor and tackle piracy.
While we can’t completely stop piracy, it is possible to control piracy to a very large extent and plug revenue losses in the music industry. AiPlex is India’s first antipiracy company with decades of validated experience. In its fight against piracy in all its forms, it has helped take down infringed content across various platforms, delete millions of infringing URLs, detect fake websites and is a trusted content protection partner for over 200+ content owners. Drop us a line to know more.
Have you been selling movies you recorded on your camera? or are you uploading them on the internet for free? If you are, then it’s imperative that you read further…
With over 1000 movies produced every year; India has a thriving film industry. It’s also one of the largest markets in the world for movies, which also makes it the biggest market for pirated content. Major titles get pirated and distributed in the black market as soon as it’s released either for free or for as low as a dollar or ₹ 74. This not only results in loss of revenue for many producers but also makes piracy lucrative.
Camcording Piracy
India’s Managing Director of Motion Picture Distributors’ Association, Uday Singh quoted that, “Content theft or piracy in the film industry originates from ‘camcording’ in cinema halls. The Indian film industry loses around Rs 18,000 crore ($2.7 billion) and over 60,000 jobs every year because of piracy.”
The major cause for pirating movies is its ease in availability which is within a few hours from its release. According to the estimates, about 90% of pirated releases can be traced back to camcorders or smartphone recordings.
Piracy Law
Towards preventing unauthorized recording, copying, and distribution of pirated content, the Indian government put forward a proposal to amend the Cinematograph Act and protect the local film industry.
On February 6, 2019, Sitanshu Kar, Principal Spokesperson for the Government of India announced that the amendments to the 1952 Cinematograph Act have been passed by the Union Cabinet.
Stiff Sentence and a Huge Fine
As per the amendments, no person is authorized to use audio or video recording devices to record or distribute a movie without the written and explicit permission of copyright holders. The proposed punishment included a 3 years jail term and/or a fine of up to $14,000/Rs. 10,00,000. This rather severe punishment is expected to act as a deterrent to pirates and would-be pirates.
Will it Completely Eradicate Piracy?
While the Media & Entertainment industry has received this news with great enthusiasm hoping it will curtail piracy, popular torrent sites like TamilRockers seem unperturbed and continue business as usual. While this law is a welcome move and might deter pirates, it’s unlikely that it will completely put an end to piracy. A concerted effort by antipiracy companies, media companies, enforcement agencies, internet companies, and implementation of strict statutory laws is the need of the hour.
What are your thoughts on the proposed law? Is it going to be effective in controlling piracy in India? Let us know in the comments below.
Do you share pirated movies or movie clips on WhatsApp or WhatsApp groups, if yes, you should read this!
As per the orders of the Delhi High Court, WhatsApp suspended two million Indian accounts and received 345 grievance reports between May 15 and June 15. Based on a lawsuit filed by Zee, it also ordered WhatsApp to take similar action on those accounts which were used to circulate pirated copies of the film “Radhe Your Most Wanted Bhai”.
An official complaint was filed with cybercrime police by Zee and then the matter was taken to the Delhi High Court requesting an interim relief for defendants who were responsible for distributing the movie online. WhatsApp informed the court that they have policies in place for copyright infringement and they suspend or terminate user accounts as per their policy.
On May 20th, Justice Sanjeev Narula granted an ex parte injunction, i.e., asked eight alleged pirates to restrain from pirating copies of the film and ordered WhatsApp to suspend two accounts whose users were yet to be identified. It also told WhatsApp that it should suspend accounts that were allegedly used to pirate movies within 24 hours as per the instructions of Zee.
On June 1st, the personal details belonging to 8 defendants were handed over to the plaintiffs by service providers. Counsel for the remaining 4 alleged pirates said that they wish for a peaceful settlement of the matter with Zee. But there was no confirmation on the same by the media company.
While WhatsApp Suspended its Users Accounts it Objected Further Suspensions
Mukul Rohatgi confirmed that while its client – WhatsApp, suspended two accounts as per the court’s order, it had concerns regarding the suspension of future accounts simply based on Zee’s allegations. He argued that WhatsApp can only be held accountable in a situation where it knows that illegal content is being distributed and still refuses to take it down. Further, with the end-to-end encryption feature of WhatsApp accounts, it claimed that it cannot see the messages of its users. Since it cannot validate the claims; this “unfettered discretion” to remove WhatsApp accounts whenever Zee chooses to is not reasonable.
Amit Sibal – the counsel representing Zee said that, since Zee is a responsible company, it would not misuse the order and it was just and proper to suspend accounts. He said that in such cases Zee could be subjected to judicial scrutiny and he also agreed for additional safeguards if it meant that order can be in place.
Justice Narula ruled that this matter would require additional consideration. But, later upon finding merit in Mr. Rohatgi arguments, the court decided that it would be appropriate for the accounts to be suspended based on the orders of the court.
