Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana

Faridabad

Multimedia
By definition Multimedia is a representation of information in an attractive and interactive
manner with the use of a combination of text, audio, video, graphics and animation. In other
words we can say that Multimedia is a computerized method of presenting information
combining textual data, audio, visuals (video), graphics and animations. For examples: E-Mail,
Yahoo Messenger, Video Conferencing, and Multimedia Message Service (MMS).

Multimedia as name suggests is the combination of Multi and Media that is many types of
media (hardware/software) used for communication of information.

1
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

Components of Multimedia
Following are the common components of multimedia:

 Text- All multimedia productions contain some amount of text. The text can have
various types of fonts and sizes to suit the profession presentation of the multimedia
software.
 Graphics- Graphics make the multimedia application attractive. In many cases people
do not like reading large amount of textual matter on the screen. Therefore, graphics
are used more often than text to explain a concept, present background information etc.
There are two types of Graphics:
o Bitmap images- Bitmap images are real images that can be captured from
devices such as digital cameras or scanners. Generally bitmap images are not
editable. Bitmap images require a large amount of memory.
o Vector Graphics- Vector graphics are drawn on the computer and only require
a small amount of memory. These graphics are editable.
 Audio- A multimedia application may require the use of speech, music and sound
effects. These are called audio or sound element of multimedia.Speech is also a perfect
way for teaching. Audio are of analog and digital types. Analog audio or sound refers to
the original sound signal. Computer stores the sound in digital form. Therefore, the
sound used in multimedia application is digital audio.

2
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

 Video- The term video refers to the moving picture, accompanied by sound such as a
picture in television. Video element of multimedia application gives a lot of information
in small duration of time. Digital video is useful in multimedia application for showing
real life objects. Video have highest performance demand on the computer memory
and on the bandwidth if placed on the internet. Digital video files can be stored like any
other files in the computer and the quality of the video can still be maintained. The
digital video files can be transferred within a computer network. The digital video clips
can be edited easily.
 Animation- Animation is a process of making a static image look like it is moving. An
animation is just a continuous series of still images that are displayed in a sequence.
The animation can be used effectively for attracting attention. Animation also makes a
presentation light and attractive. Animation is very popular in multimedia application

Applications of Multimedia
Following are the common areas of applications of multimedia.

 Multimedia in Business- Multimedia can be used in many applications in a business.

The multimedia technology along with communication technology has opened the door
for information of global wok groups. Today the team members may be working
anywhere and can work for various companies. Thus the work place will become
global. The multimedia network should support the following facilities:
o Voice Mail
o Electronic Mail
o Multimedia based FAX
o Office Needs
o Employee Training
o Sales and Other types of Group Presentation
o Records Management
 Multimedia in Marketing and Advertising- By using multimedia marketing of new
products can be greatly enhanced. Multimedia boost communication on an affordable
cost opened the way for the marketing and advertising personnel. Presentation that
have flying banners, video transitions, animations, and sound effects are some of the
elements used in composing a multimedia based advertisement to appeal to the
consumer in a way never used before and promote the sale of the products.

3
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

 Multimedia in Entertainment- By using multimedia marketing of new products can be

greatly enhanced. Multimedia boost communication on an affordable cost opened the
way for the marketing and advertising personnel. Presentation that have flying banners,
video transitions, animations, and sound effects are some of the elements used in
composing a multimedia based advertisement to appeal to the consumer in a way
never used before and promote the sale of the products.
 Multimedia in Education- Many computer games with focus on education are now
available. Consider an example of an educational game which plays various rhymes for
kids. The child can paint the pictures, increase reduce size of various objects etc apart
from just playing the rhymes.Several other multimedia packages are available in the
market which provide a lot of detailed information and playing capabilities to kids.
 Multimedia in Bank- Bank is another public place where multimedia is finding more
and more application in recent times. People go to bank to open saving/current
accounts, deposit funds, withdraw money, know various financial schemes of the bank,
obtain loans etc. Every bank has a lot of information which it wants to impart to in
customers. For this purpose, it can use multimedia in many ways. Bank also displays
information about its various schemes on a PC monitor placed in the rest area for
customers. Today on-line and internet banking have become very popular. These use
multimedia extensively. Multimedia is thus helping banks give service to their
customers and also in educating them about banks attractive finance schemes.
 Multimedia in Hospital- Multimedia best use in hospitals is for real time monitoring of
conditions of patients in critical illness or accident. The conditions are displayed
continuously on a computer screen and can alert the doctor/nurse on duty if any
changes are observed on the screen. Multimedia makes it possible to consult a
surgeon or an expert who can watch an ongoing surgery line on his PC monitor and
give online advice at any crucial juncture.

In hospitals multimedia can also be used to diagnose an illness with CD-ROMs/

Cassettes/ DVDs full of multimedia based information about various diseases and their
treatment.Some hospitals extensively use multimedia presentations in training their
junior staff of doctors and nurses. Multimedia displays are now extensively used during
critical surgeries.

 Multimedia Pedagogues- Pedagogues are useful teaching aids only if they stimulate
and motivate the students. The audio-visual support to a pedagogue can actually help

4
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

in doing so. A multimedia tutor can provide multiple numbers of challenges to the
student to stimulate his interest in a topic. The instruction provided by pedagogue have
moved beyond providing only button level control to intelligent simulations, dynamic
creation of links, composition and collaboration and system testing of the user
interactions.
 Communication Technology and Multimedia Services- The advancement of high
computing abilities, communication ways and relevant standards has started the
beginning of an era where you will be provided with multimedia facilities at home.
These services may include:
o Basic Television Services
o Interactive entertainment
o Digital Audio
o Video on demand
o Home shopping
o Financial Transactions
o Interactive multiplayer or single player games
o Digital multimedia libraries
o E-Newspapers, e-magazines

Copy Right Issues In Multimedia

The advancement of Digital Technology has been one of the finest creations of the
human mind. Technology has opened its gates to a wide range of possibilities in various
areas like media, entertainment, communication, advertisements and education.
However, the easy access to materials available on the Internet has posed a great
concern for Copyright infringement. Copyright is one of the most important Intellectual
Property Right which denotes the rights possessed by the creators for literary and
artistic works. It includes works from books, paintings, computer programs, films,
database and maps, to name a few. Digitalisation has made it considerably easy to
copy, replicate and sell the works of a copyright owner without his permission and

5
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

detection of such infringement becomes difficult. This has posed a great threat to the
right of the copyright owners or creators.

Challenges faced by Copyright in Digital World

 Copyright & Internet
 Multimedia Work
 Software
 Social Media

Copyright and Internet

The Internet has been one of the major threats to copyright for a long time. The
information available on the internet has varying degrees of copyright protection.
Copyrighted works on the internet include news, stories, images, graphics, e-books,
screenplay, videos etc. The ocean of information available on the internet makes it
difficult to determine whether the work is duplication or copy of the protected work. It is
a common myth that the information accessed via the internet on a public domain can
be copied freely. However it not so, unless the information has been made available by
the government, or the term for copyright has expired, or the holder of the copyright
has surrendered his right.

Infringement of Copyright in Cyberspace

includes

Downloading and uploading

Internet has been a medium of downloading software or files to the hard disk of one`s
computer. Downloading involves creating a copy or reproducing the copy of the
material available on the internet. However, there are certain restrictions which have to
be complied with and the failure of which might result in offence.

6
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

Derivative work
If two or more programmes are compiled to create a derivative work then in such cases
it amounts to infringement or violation of Copyright.

Hot-linking
It involves displaying an image on the website by linking to website hosting that image.
This process of hot-linking or linking can also tend to violate the rights of a copyright
owner.

Audio-video works
Copying an audio or video file through companies that are involved in Peer to Peer file
sharing (P2P) of any digital music shall also amount to a violation.

Multimedia work
The concept of multimedia is extremely wide and encompasses within itself several
categories of material which includes text, sounds, audio, video, images, graphics,
presentations, live videos of speech and performances and so on.

Generally, Copyright protection is available to multimedia under literary

(software program), artistic (images), cinematographic films (films or videos),
dramatic (plays), sound recording (musical works) and photographs. Protection
of rights of the creators and owner of the Copyright becomes difficult due to the variety
of rights available to copyright owners under the ambit of multimedia.

 Infringement in multimedia involves

 Copying the works of a creator without his permission
 Distributing multimedia product other than for educational purposes
 Creating prints of literary or artistic works without prior permission of the
creators

7
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

 Dubbing and selling, through any of multimedia products a sound recording

without the prior permission of its creator.

Software
Computer Software consists of a collection of computer programmes, procedure,
documentation that perform tasks on a computer system. Software piracy is one of the
major reasons for copyright infringement. It involves unauthorised copying, distributing
of copyrighted software. Software Piracy involves:

 Creating a copy and selling it

 Creating a copy and exporting the same
 Renting the software
 Selling of computer hardware machines with pre-installed or per-loaded
pirated software
 Copying of software programs using CD-R technology

Social Media
These days Social Media platforms have become one of the prominent modes of
connecting people across the globe. These platforms involve sharing of works which
may be copyrighted. The widespread practice of sharing materials such as images,
photographs on Social Media has resulted in gross infringements of copyrights. The
false notion that all material posted on social media is free, fed by an ignorance of the
presence of copyright in such works is a major cause of such infringements. Copyright
violations on Social media platforms can be in the form of:

 Re-posting, saving or sharing of works protected under Copyright

 Re-posting and calming ownership or creation rights of already protected work
 Using the content available on the platform without the owner`s prior
permission

8
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

Fair Dealing in Digital Environment

The protection sought to be given to the creator or the owner of copyright must be in
conformity with the public rights. The human rights of a person should not be used to
curtail those of another. It is because of this that the concepts of Fair Dealing or Fair
Use have evolved in Copyright. The most important convention in this domain has been
the Berne Convention 1883, according to Art 9 (2) of which “It shall be the matter of
legislation in the countries of the union to permit the reproduction of such work in
certain cases, provided that such reproduction does not conflict with normal
exploitation of the work and does not legitimate the interest of the author.” Similarly,
Article 13 of the TRIPS agreement states, “Members shall confine limitations or
exceptions to exclusive rights to certain special cases which do not conflict with the
normal exploitation of the work and do not unreasonably prejudice the legitimate
interest of the right holder.”Different countries across the globe have different laws on
copyright exception. In the United States of America, Copyright exception is known
as “FAIR USE” is engrained in section 107 of the Copyright Act. It reads that Fair Use
of Copyright does not amount to infringement. Similarly European Union Directive,
2001/29/EU has laid down a list of compulsory and optional exceptions and directives,
while 2012/28/EU provides for principles of orphan works (the works the owner of which
is not identified). In India section 52 of the Copyright Act, 1957 lays down provisions
relating to acts which would not constitute a Copyright infringement. Listed below are
some acts which shall not be considered as an infringement in Digital World:

 Conducting Research or study and making copies of the material available on

the internet for the sole purpose of studying
 A teacher making use of content from a film to make certain satirical points
during class
 Access to a journal from University website or library
 To make backup copies on Hard Drive as temporary protection against any
loss, destruction or damage
 The observation study or test of the functioning of a computer programme in
order to determine the ideas and principle which underline any elements of
the programme in order to determine the ideas or principles which underlies
the element of the programme while performing acts that are necessary for
the functioning of a computer programme

9
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

 Making copies or adaption of computer programme from a personally legally

occupied copies for non-commercial purposes
 Using CD, DVD, pen drive or any multimedia devise for playing songs in an
enclosed room or hall meant for the common use of residents in any
residential premises or as a part of any club activity for non-profit purposes
 Publication of any speech delivered in public
 Reproduction or publication of any electronic reports of any committee,
council, body or institution established by an Act of the legislature or by state
or central government.

Remedies against infringement of Copyright in

Digital Domain
The threats of infringement of Copyright in the digital domain have given rise to certain
preventive measures which ensure that the rights and interest of the owner or creators
are protected. Some of the important remedies available are:

Blockchain Technology
It is highly secured decentralised public ledger that is used to record peer to peer
transaction. In each transaction that occurs, the parties agree to details to encode it
into the block of digital data which is uniquely signed or identified. It is due to its
functioning that it is considered an excellent technology to resolve the problem of
copyright in Digital Domain

Digital Watermarks
One of the easiest ways to protect the work of the creator of Copyright as it helps the
owner to trace his work and prevent it from duplication. In this technique, a watermark
is embedded in the original work of the author in this way the unauthorised copying of
the work can be detected.

10
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

Access control and copy control

It is a software which enables a user to check the creator on free or illegal use of his
work.

International Treaties and Conventions

protecting Copyright in Digital Domain
Digitalisation has a great impact on society. But as it is rightly said that with great
inventions comes a great threat, similarly digitalisation, while having played a major
role in changing the dynamics of society, has also given rise to several other problems
like infringement of rights of an creator or owner of the work( in copyright context)
through various means in digital world. In order to keep a check against infringement of
these rights, International organisations like World Intellectual Property Organisation
(WIPO) have played a major role.

Listed below are some of the important International treaties and conventions-

World Copyright Treaty 1996

It is a special agreement under the Berne Convention that deals with the protection of
works in the Digital environment. In addition to the rights recognised by the Berne
Convention 1885 they are granted three economic rights namely, right to distribution,
right to rental and right to communication to the public. It assures protection for any
work in the digital world for a period of at least 50 years. The treaty also deals with two
subject matters that shall be protected by Copyright and they are

 Computer Programs
 Compilation of data or material (databases)

11
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

WIPO Performance of Phonogram treaty 1996

This treaty deals with two kinds of beneficiaries in the digital world, firstly the
performers namely actors, singers, musicians etc., secondly producers of phonograms.
It also lays down the economic rights of distribution, renting and communication by the
performers with the public and for the producers of phonograms the economic rights of
reproduction, right of distribution, right of rental and right of making available. The
treaty assures protection to the performers and producer of phonograms for a period of
at least 50 years.

Copyright in Digital Era with special reference to India

Copyright in India is protected under Copyright Act,1957 since then several
amendments have been made from time to time to suit the changing needs of the
society and to ensure protection to the creators of the work. The main aim of the act is
to protect the works of the creators and owners of the copyright against unauthorised
use. Recently the Copyright (Amendment) Act, 2012 was enacted which is considered to
be more substantial. The main reason behind this enactment was to bring the act in
conformity with World Copyright Treaty 1996 and WIPO Performance and Phonogram
Treaty 1996. The Copyright Amendment Act of 2012 extended its provisions for the
protection of copyright in work in the field of digitalisation. It also laid down provisions
for penalties to be awarded against the infringer, rights of management information, the
liability of internet service providers and introduction of statutory licenses for cover
version and broadcasting organiser. It also aimed at ensuring proper distribution of
royalties amongst the creators and owners of the work. The law also aimed at creating
certain acts as exceptions, which means that certain acts shall not amount to
infringement. Section 52 of the act lays down certain acts which shall fall under the
heading of Doctrine of Fair Use. This section is enacted in conformity with the Berne
Convention 1885, TRIPS Agreement 1995. The Indian Judiciary has also has played a
pivotal role in protecting the rights of Copyright owners in the era of digitalisation.
Latest judicial pronouncements in a matter pertaining to the protection of copyright in
the digital world are listed below-

12
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

UTV Software Communication Ltd v/s 1337x and ors on

10th April 2019-Delhi HC
Facts of the Case-

In this case, the plaintiff including UTV software communication Ltd are the companies
engaged in creating content, producing and distributing cinematographic films all over
the world including India. The defendants were 30 websites including some John Doe
websites, the Ministry of Electronic and Information Technology, Department of Telecom
and various ISP`s. It was contented by the plaintiff that defendants’ websites hosted
and provided access to their copyrighted work which resulted in infringement of
Copyright of the plaintiff.

The Court, in this case, appointed Mr Hemant Singh as ‘amicus curiae’ to assist the
court in determining the questions of law in the instant case.

Judgement

The Judgement in the instant case can be understood with reference to the issues
involved in this case

Whether an infringer of Copyright on the Internet is to be treated differently from

Infringer in the physical world?

The court answering it negatively held that there is no reason why crime in the physical
world is not a crime in the digital world especially when the Copyright Act does not
make any such distinction.

Whether seeking blocking of a website dedicated to piracy makes one an opponent of

free and open internet?

The court opined that key issue about Internet freedom, therefore is not whether the
internet is and should be completely free or whether the government should have
unlimited censorship authority, but rather where the appropriate lines should be drawn,
how they are drawn and how they are implemented.

13
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

What is a Rogue Website?

These are the websites which primarily and predominantly share infringing/pirated
content or illegal work. Either these websites, themselves allow streaming of content or
provide a searchable database with links to the third party. Even the Ad Networks
employed on these websites are not run-of-the-mill popular networks, but obscure Ad
Networks, with equally anonymized credentials. These websites invite consumers for
watching free movies/contents. Although, some of these websites feebly claim to only
provide links to third- party websites and not host content on their servers, yet their
entire module/interface is premised on allowing users to watch pirated releases/movies
by way of links, and which account for all the content available on their sites.

Whether the test for determining a ‘Rouge Website is

Qualitative or Quantitative?
The court in this matter took into consideration two countervailing approaches. On one
hand, it is considered to apply Quantitative test for blocking injunctions. Here the
reference was made to a judgement delivered by learned Single Judge of the Bombay
High Court in case of Eros International Media Ltd v/s Bharat Sanchar Nigam Ltd suit no.
751/2016. The Learned Judge held that for blocking the entire website, the burden of
proof is on the plaintiff to bring to the notice of the court that the website of the
defendant in its entirety is indulged in illicit, infringing and illegal material. In this case,
the court formulated three-step verification:

 Verification and assessment by the external agency of web links and URLs that
have been alleged to be infringing
 Level of verification by deponent of affidavit along with the plaintiffs` and
advocates
 The said affidavit is on oath

On another hand in the case of Department of Electronics and Information Technology

v/s Star India Pvt Ltd, FAO (OS) 57/2015, the division bench of Delhi High Court, in this
case, adopted a qualitative approach. by observing that rogue websites are
overwhelmingly infringing and therefore prima facie stringent measures to block the

14
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

website was justified. It further held that blocking of specific URLs will not be sufficient
due to which URL can be changed or blocked.

Whether the defendants’ website falls within the category

of ‘Rogue Website’?
The Court held, that after considering all the facts it can be said that the website
belonging to the defendant falls within the ambit of Rogue websites.

Whether this court would be justified to pass directions to block the ‘ROGUE WEBSITES’
in entirety?

The Court held that “This Court is of the view that while passing a website blocking
injunction order, it would have to also consider whether disabling access to the online
location is in the public interest and a proportionate response in the circumstances and
the impact on any person or class of persons likely to be affected by the grant of
injunction. The Court order must be effective, proportionate and dissuasive, but must
not create barriers to legitimate trade. The measures must also be fair and must not
excessively costly.” The Court further noted that any website blocking must be
necessary and in proportionate and commensurate with the nature of the infringement,
as well as whether legitimate content is being blocked.

How Should the court deal with the hydra-headed ‘Rogue Websites who being blocked,
actually multiply and resurface as redirect or mirror or alphanumeric websites?

Finally the most significant part of the Judgement was that it aims to create a new
procedure to extend the website blocking injunctions beyond the websites specified in
the order and this injunction is known as ‘DYNAMIC INJUNCTION’ shall extend even to
websites which are mirror/alphanumeric/ redirect websites that have been created
subsequent to the injunction orders. The court pointed out that the decision relating to
Dynamic Injunction is stemmed from the decision given Singapore Court in Disney
enterprise v/s MI Ltd, (2018) SGHC 206. The court further held that awarding such an
injunction is well within the inherent powers of the court under section 151 of Civil
Procedure Code and a similar injunction can be sought by the plaintiff under Order 1
Rule 10 of Civil Procedure Code.

15
Cyber Law – Notes on Multimedia & Cyber Law Issues By VK Singh, Assistant Professor (Law), ILR Jasana
Faridabad

Relief
A decree of Permanent Injunction was passed against the defendants restraining the
defendant websites- their owners, proprietors, officers, servants, employees or anyone
claiming through or under it from streaming, reproducing or making available to the
public or communicating to the public or through any other mode a work, content,
program or any work belonging to the plaintiff in which copyright subsists. An order was
also issued against the ISPs to block access to the defendant`s website. The plaintiffs
were permitted to implead the mirror/redirect/alphanumeric website under Order 1 Rule
10 of CPC in cases where the new means of accessing the same primary websites have
been injuncted.

Conclusion
Even though digitalisation has given opportunities to the creators to show cause their
work and creations effectively it has at the same time also raised concerns for
infringement of the rights belonging to owners. However, even though several efforts
have been made at both International and national level to overcome the obstacles so
as to ensure the protection of copyrights in the digital arena still a lot is to be done. At
the national level, there is a necessity to create awareness among the people, to train
the enforcement agencies and develop proper mechanisms to prevent infringement. At
the International level, there is a need to ensure that the provisions and principles
enriched under International treaties and conventions have been complied with so as to
ensure effective management for protection of copyright in the digital world.

16