Copyright Piracy and the Indian Film Industry: A "Realist" Assessment

Authors

Arpan Banerjee, Jindal Global Law School

Abstract

In India, the academic discourse surrounding intellectual property (IP) has been marked by great skepticism. Global IP laws have been viewed as a Western imposition detrimental to national interests. In this paper, I will make the case for a "realist" approach to film piracy in India, i.e., an approach that is rooted in legal pragmatism and draws from the New Legal Realism (NLR) movement. I will suggest a rough template for such an approach, referring to seven broad elements: a) international relations realism; b) contextualization of IP; c) contextualization of copyright; d) the views and interests of the film industry (including creators); e) the working of the pirate economy; f) the law and its enforcement; and g) reforms in the law and industry strategies. In keeping with the spirit of NLR, I will explore a range of top-down and bottom-up perspectives. I will conclude by commenting on the feasibility of certain legal reforms.

Disciplines

Comparative and Foreign Law | Entertainment, Arts, and Sports Law | Intellectual Property Law | International Trade Law | Law | Television

Recommended Citation

Arpan Banerjee, Copyright Piracy and the Indian Film Industry: A "Realist" Assessment, 34 Cardozo Arts & Ent. L.J. 609 (2016).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol34/iss3/5