Circular of INS Secretariat on copyright violation by WhatsApp and Telegram

(This is in continuation of the earlier post)

I have received a copy of a communication supposed to have been sent by the Secretary General of the INS (Indian Newspaper  Society) to the publications as an advisory which is reproduced below:

Dear Esteemed Members,
Greetings from the INS Secretariat !!
It has come to our attention that some Publications are facing issues with distribution of the print copies and a lot of piracy and theft of newspapers is happening, especially in the digital format.
A lot of Newspapers are available in the ePaper format online in the morning every day, some of them being paid and some being free. Many users are actually copying the newspaper and creating PDFs which they circulate in WhatsApp and Telegram groups to the readers – leading to a loss in both subscription revenue for the print newspapers as well as ePapers digitally.
This is completely illegal and  Publications are trying to battle it in their own ways.  It is therefore recommended as below: –
1.      Communicate clearly in the Apps, Websites and Newspapers – that circulating any copies or part thereof, is ILLEGAL and strict legal action will be taken against individuals with heavy penalties.
2.      Additionally, also for any legal action taken, publish  few news stories to talk about the huge fines and lawsuits initiated  against offenders to deter others from doing it.
3.      Take legal action against offenders, especially against WhatsApp and Telegram admins who’re offending and trigger legal notices (WhatsApp group admins are liable for anything illegal that happens in their groups)
4.      Build certain product features which prevent piracy or at least slow it down   
a.       Limit downloading as PDFs, Images
b.      Add Java script code on pages to prevent copying
c.     Insert a user identifier code which is not human visible, so circulated PDFs on Social Media can be tracked back to individuals
d.      Auto generate list of users downloading greater than a certain number of PDFs per week and block them
This is for your kind information.
Kind regards,
Signed
Secretary General
While we appreciate the measures taken by the INS to protect the interest of their members, we are awaiting the response from the secretariat on why publications which have reduced the size of their print publications continue to charge the same earlier price. 
From the point of view of the consumers, this is an unethical act of the News papers and we expect the INS to show the same zeal in advising the members to reduce the cover price of the publications at least temporarily.  
Naavi
For the information of all:
The WhatsApp admin policy suggested by Naavi in the Cyber Law Compliance center  has he following paragraph. 

Quote:

Sharing of Content

The electronic space represented by the messages sent and received by a member of the group is considered as a “Private Message Space”.

The messages delivered by a member through this group is meant only for other members of the group and Non Members have no authorization to access these messages nor  the messages are meant for them.

If any member shares any message with any Non-Member, such member shall be solely responsible for the consequences thereof. Also he shall be considered to have indemnified the other members of this group including the admins for any adverse consequences arising thereof.

If any Non-Member accesses the messages without specific permission, it shall be deemed to be an unauthorized access as per Section 43 of ITA 2000/8 and also liable for payment of compensation and prosecution under Section 66 of ITA 2000 of India.

UNQUOTE:

WhatsApp admins are advised to use such a clause and adopt the model policy suggested.

About Vijayashankar Na

Naavi is a veteran Cyber Law specialist in India and is presently working from Bangalore as an Information Assurance Consultant. Pioneered concepts such as ITA 2008 compliance, Naavi is also the founder of Cyber Law College, a virtual Cyber Law Education institution. He now has been focusing on the projects such as Secure Digital India and Cyber Insurance
This entry was posted in Cyber Law. Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.