Anonymous
Asked August 06, 2016

woman in porn video

  • 1 Answer
  • 1238 Views

my question is about copyright violation.one porn site is uploaded my family girl girl video.they are saying they will nt remove.i sent them dmca notice but still nt removing,i abused one of their support member so they are saying they will nt remove,my family girl does not know about this .what i do?what legal action i can take?

Answer 1

When a DMCA notice is rejected or ignored it could be because of a mistake made by the complainant as the success rate of a DMCA take down notice is very high. (Check here for the reasons and rectify if required) If the notice is ignored even after that, one can file a suit in the court.

A suit can be filed under Section 66E of the Information Technology Act 2000 for Punishment for violation of privacy which provides for an imprisonment up to three years or with a fine up to 2 lakh rupees (or both). (Relevant Case -Jawaharlal Nehru University MMS scandal ) It also attracts Section 67 of IT Act 2000 r/w Section 6 of Indecent Representation of Women (Prohibition) Act, 1986.

 

It will be difficult to examine the case for copyright infringement. It will be difficult to protect the  interest of the girl under the Copyright Act. The question whether porn sites are covered under the  Copyright has no clear answer as the legality of porn itself is under great debate in India. Even if we remove this issue, under the Copyright Act, 1957 Section 2(d) (v) the author for a cinematograph is the producer. Therefore, for all movies the owner or the author of the ovie is the producer and not the actors in the movie. Similarly, even for the video online, the author of the movie who can be protected will be the producer of the movie. The Copyright Act, 1957 will protect the producers in case of any copyright violation for a video circulated online. Therefore, there is no possible scenario that the girl can file a case for copyright violation under the Act as she is no recognized as the author or the owner of the intellectual property.

Therefore, it will be best to file a case against the producer of the video or the owner of the website under the IT Act and the Indecent Representation of Women (Prohibition) Act, 1986

 

Agree Comment 0 Agrees about 1 year ago

Please Login or Register to Submit Answer

Do you have a Will?
Why not create one now for free in under 10 minutes!

Get started now