Piracy in India causes losses in excess of Rs 1700 crores annually, Shabana Azmi, MP. Rajya Sabha (in a letter to Deputy Prime Minister Shri L.K. Advani);                                              We must take a Pledge that we have to eradicate this piracy which has its tenticles spreading to the society, Qamar Ahmed, Addl. Comm. of Police. New Delhi (in an address to Delhi Police on 22nd April 2002);                                                             The copyrights Act is a very important act and a proper and effective implementation of the act is bound to help the growth and development of our social and economic life, V. V. BHASKER (DG and IGP, Govt. of Karnataka)

GOVERNMENT OF KARNATAKA

POLICE DEPARTMENT

Office of the Director General and Inspector General of Police,

Karnataka State, Bangalore-01

Date : 21 February 2006

No. 7/CRM/SMS(2)2006

CIRCULAR

Sub : Infringement under Copyright Act 1957 –

Constitution of Anti-Piracy Cell in each unit – reg.

1.         Copyright is an integral part of Intellectual Property Rights, which are covered in broad terms by mechanism setup by the World Trade Organization (WTO).

2.         The Pirates evade payment of Income Tax, Sales Tax, Customer dues, Excise duties, Royalties and publicity costs. The large profits earned from piracy have led to the increasing involvement of crime syndicates, posing a serious threat to the civilized society. Government loses revenues and finally the consumer suffer with poor quality product. The object of the Copyright Act is to protect the exclusive right of the author of the Copyright work from successful reproduction. The offences under the Copyright Act are affecting the economic fabric of the nation.

3.         The Human Resources Ministry of the Government of India is the Nodel Agency for the enforcement of the Copyright Act. The Hon’ble Minister for HRD, had requested the State Chief Ministers in the year 1994 and 1996 to setup a special cell in each district for detection, investigation and prosecution of Copyright cases.

4.         Infringement under the Copyright Act 1957 is a cognizable and nonbailable offence. A Police Officer not below the rank of Sub Inspector, when satisfied in respect of infringement of Copyright in anywork which has been, is being, or is likely to be committed, can seize without warrant all such infringed copies of the work as well as arrest the offenders.

5.         As per section 51 read with section 63 of the Copyright Act, Copyright in a work shall be deemed to be infringed when any person without a license granted by the owner of the Copyright etc., does anything to this exclusive rights, i.e. makes for sale of hire of sells, distributes for the purpose of trade etc., is punishable to the extent of 3 years rigorous imprisonment and a fine of Rs . lacs.

6.         Possession of plates (copying machines) for the pupose of making copies of any work under section 65 of Copyright Act is punishable to the extent of 2 years and also liable to fine.

7.         Similarly, section 52A read with section 68A of the Act envisages that any person who publishes a sound recording or a video film in contravention of section 52A shall be punishable with imprisonment to the extent of 3 years and shall also be liable to fine.

8.         All Unit officers will therefore, take action to constitute a Special Cell in the Headquarters to monitor the enforcement of Copyright Act and to fight piracy of protected numberlab as per the Copyright Act. This Cell should function directly under the unit officers and conduct suo moto raids to unearth the instances of video and audio piracy.

9.         A fortnightly report regarding the performance of the cell should be sent to this office regularly. IsGP Ranges should monitor the functioning of the Anti – Piracy Cell..

(B.S. Sial)

Director General and Inspector General of Police

To,

The Commissioners of Police, Bangalore city, Mysore city, Hubli-Dharwad city.

The Superintendents of Police, in charge of Districts including K.G.F. and Railways.

The Inspectors General of Police of all ranges.

Copy with compliments to Director General of Police, COD, Training Spl. Units and Economic offences, Carlton House for information.

For Director General and Inspector General of Police

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