Stream-Ripping and Copyright Infringement in Music: An In-Depth Analysis

Abstract

Intellectual Property Rights (IPR) as mentioned by the World Trade Organisation are “the rights given to persons over the creations of their minds. They usually give the creator an exclusive right over the use of his/her creation for a certain period.” In India, the IPR especially that is tied to the Copyright Act, was last amended in 2012 which was done in compliance with the “Internet Treaties”. According to Section 14 of the Copyright Act of 1957, copyright grants the exclusive right to do or authorise the doing of specific acts (as specified in the Act) in respect of a work, which arises automatically on the creator of the work if the work is presented in tangible form. Copyright is awarded to original literary, dramatic, musical, and creative works; sound recordings, and cinematographic films in the form of expression that can be seen, read, or heard, as Copyright cannot protect ideas. A copyright author or owner has the exclusive rights to grant permission and to prohibit others from using their work for any purpose. Everyone is required to obtain permission from the author/owner if they want to exploit their work in any manner. If any individual executes the exclusive rights without a licence granted by the owner of the copyright or in violation of the terms of a licence thus provided by the author/owner of
the copyrighted work shall be held liable for infringement as per the Act.