Optical disc law of india

777 views

Published on

Published in: Business, Technology
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
777
On SlideShare
0
From Embeds
0
Number of Embeds
1
Actions
Shares
0
Downloads
13
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

Optical disc law of india

  1. 1. Optical Disc Law of India A. Lakshminarayanan Advocate
  2. 2. General <ul><li>A legislation is in the making to curb piracy in the entertainment sector. The government has already initiated steps to work out a framework on ’Optical Disc Law,’ which is in force in most other countries. Once this is enacted in India, every factory manufacturing CDs and VCDs has to be licensed. Also, there will be special secret codes on every disc, so that these can be traced back. </li></ul>
  3. 3. Survey <ul><li>According to estimates, the film sector loses Rs 2,000 crore and music industry Rs 700 crore every year, due to piracy. In this backdrop, the government decided to curb the menace. </li></ul>
  4. 4. CURRENT STATUS OF INDIAN MUSIC INDUSTRY <ul><li>INDUSTRY PASSING THROUGH EXTREMELY DIFFICULT TIMES LIKE IN PAKISTAN, MALAYSIA AND TAIWAN </li></ul><ul><li>LOSS OF REVENUES TO </li></ul><ul><ul><li>FILM INDUSTRY RS 2000 CRORES + PER YEAR </li></ul></ul><ul><ul><li>MUSIC INDUSTRY RS 600 CRORES ANNUALLY FOR PAST 3 YEARS </li></ul></ul><ul><li>HUGE LOSSES DUE TO PIRACY, VERSION RECORDINGS, LACK OF OPTICAL DISC REGULATION, INADEQUATE SUPPORT FROM THE GOVERNMENT </li></ul><ul><li>NO FUNDS / NO INTERNAL ACCRUALS TO INVEST IN NEW PROJECTS </li></ul><ul><li>COMPLETE CULTURAL BLACKOUT IMMINENT </li></ul>
  5. 5. MUSIC INDUSTRY IN CRISIS <ul><li>Rs. 1800 CRORE LOSS OF REVENUE OVER LAST 3 YRS DUE TO PIRACY </li></ul><ul><li>ON REDUCED TURNOVER OF Rs.600 CRORES. INDUSTRY REGISTERS CASH LOSS OF Rs.300 CRORES IN LAST 18 MONTHS. </li></ul><ul><li>LEGITIMATE MARKET HAS SHRUNK BY 27% IN UNIT TERMS AND 38% IN VALUE TERMS OVER LAST 2 YEARS. </li></ul>
  6. 6. REASON FOR LOSSES <ul><li>PIRACY </li></ul><ul><li>CHANGES IN TECHNOLOGIES : MP3, LOW PRICES AND INCREASED AVAILABILITY OF CD-Rs. </li></ul><ul><li>INADEQUATE PUNISHMENT, LONG DELAY IN CASES & ONUS OF PROOF ON THE PROSECUTION </li></ul><ul><li>LOW AWARENESS THAT PIRACY IS AN OFFENCE </li></ul><ul><li>POLICE SUPPORT INADEQUATE FOR SIZE OF PROBLEMS </li></ul><ul><li>NO COMPENSATION TO THE AGGRIEVED PARTY </li></ul><ul><li>ESTIMATES LEVELS OF PIRACY RS.450 CRORES </li></ul>
  7. 7. Draft <ul><li>The Ministry of Information & Broadcasting is examining a draft Optical Disc Law to check piracy in the film sector. The draft law has been prepared by the members of film sector at the initiative of Government of India. The Secretary said that the I&B Ministry is actively pursuing the creation of a National Centre for Excellence in Animation, Gaming and Visual Effects with a view to promote this emerging sector. </li></ul>
  8. 8. Optical Disc regulatory law and it combat piracy <ul><li>The optical disc law allows Governments to regulate the manufacturing and replication of optical discs manufactured through the mechanisms of licensing. An optical disc law includes four key features: (1) registrations and licences; (2) identification coding; (3) criminal remedies; and (4) enforcement. </li></ul>
  9. 9. Criminal remedies <ul><li>The effectiveness of anti-piracy laws depends more in being a deterrent than punitive. Since the incidence of optical disc piracy is large, criminal sanctions under optical disc laws include heavy fines and imprisonment. Three to four tiers of penalties are provided, each tier of penalties dependent on the magnitude of the offence. </li></ul>
  10. 10. Enforcement <ul><li>Optical disc laws contain provisions of inspection, seizure, closure, forfeiture, removal, disposal of any unlicensed equipment, raw material or optical discs. However, for searches and seizures to be constitutionally valid, they are normally conducted only on obtaining a warrant from a court. </li></ul><ul><li>However, in case of delays in obtaining a search warrant, a search can be conducted without a warrant in order to avoid destruction of evidence. Provisions for making forcible entry are provided for in optical disc laws. Often enforcement officials encounter strong and sometimes armed resistance by pirates during raids. Therefore, forcible entry with police assistance sometimes becomes crucial. </li></ul>
  11. 11. Copyright and optical disc regulation <ul><li>One of the dangers in adopting a broad optical disc law is &quot;over-regulation&quot;. There are several parties involved in the process of an optical disc product with embodied copyrighted content reaching the consumer. They include: </li></ul><ul><ul><li>Copyright owner (content or data) </li></ul></ul><ul><ul><li>Manufacturer (mastering, preparing stamper, replication) </li></ul></ul><ul><ul><li>Distributors (finished products) </li></ul></ul><ul><ul><li>Retailers (finished products) </li></ul></ul><ul><ul><li>Consumers </li></ul></ul><ul><li>An optical disc law aims at regulating only the manufacturing level in the chain (viz. manufacturers and suppliers of raw materials). Over-regulation could lead to regulating even the distribution channels of data embodied optical discs, the dangers of which would be several. </li></ul>
  12. 12. Thank you <ul><li>Any Questions? </li></ul>

×