Copyright Piracy: A Legal Divide

Abstract

It is a well settled principle in the framework of the copyright laws, in the field of intellectual property rights, that one cannot trespass an exclusive right of the originator of a particular piece of work. The principle is in line with a renowned proverb that, ‘there are no free lunches in life’. No individual has got the right to benefit himself, at the expense of the long haul made by the original author, without acquiring the required affirmation of the latter or even accrediting him. It would simply amount to ‘theft’. On basis of this established principle, I would be discussing and analysing the two different landmark judgements, enshrined within the books of two diverse legal systems. The particular piece of work would depict an instance of contrasting treatment of a similar situation by the two judicial systems. The study would show as to how one legal establishment succumbed to committing multiple flaws, in road to passing of a shambolic verdict, shattering the very foundation on which the copyright laws were based, while the other hitting the bull’s eye, in preserving the sanctity of the same. The particular research model enumerates the theoretical aspect, pertaining to copyright laws, coupled with the detailed study of the U.S and the Indian legal establishments, via a critical analysis of the two landmark verdicts namely, ‘VIACOM vs. YouTube’ and ‘SCIL vs. YouTube’ respectively.

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