MUMBAI: The Indian Music Industry (IMI) has been awarded a compensation of Rs 1.2 million for copyright infringement under the concept of plea bargaining. The accused agreed to compensate IMI with the sum, which IMI claims is the highest amount ever paid in the history of any plea bargaining case in India Plea bargain is an agreement in a criminal case where by the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.
Intellectual property infringement robs musicians of huge potential revenue sources. IMI since 1976 has been fighting piracy and firmly believes that Plea Bargain cases can really help the music industry and all IP industries in settling piracy related crimes. Piracy has been evolving and expanding its footprints in India. According to IMI, physical format of piracy alone dents a loss of Rs. 600 crores annually to Indian Music Industry. The Industry is today witnessing newer formats of piracy such a Mobile Chip Piracy which roughly estimates a loss of another Rs. 300 crores. In total it is Rs 2000 cr are lost by the industry to piracy each year.
Commenting on the occasion, IMI general secretary Savio D’souza says, We really welcome the decision of compensating Rs. 12 lacs to the music industry. With an understanding and supportive judiciary orders we like this will help eradicate piracy while also reducing the clogging of cases in the court .Currently the IMI has more than 170000 cases pending in courts, the hallmark of this case is that such orders by the judiciary will ensure adequate compensation to the victims while reducing the pendency of cases in courts. Since the seizures were large (22500 CDs), we expected a compensation of Rs. 22.5 lacs i.e. Rs. 100 per CD but are happy with the order of Rs. 12 lacs as it is a very good precedent .This is a victory of IPR enforcement….
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At a raid carried out at the Siddartha Optical Disc (CD plant), 22,000 CDs including large numbers of mp3 CDs, porno CDs (10,600), 2 CD recording machines, printers, computers, etc. were seized, of which mp3 CDs / master stampers belonged to music companies which were members of IMI. Cases U/Ss 63, 65, 68A CR Act and 292 IPC were registered against Surendra Wadhwa, owner and managing director of Siddartha Optical Disc as well as against the company, following which IMI claimed Rs 100 per CD seized as compensation. During a raid carried out at the Siddartha Optical Disc (CD plant), 22,000 CDs including large numbers of mp3 CDs, porno CDs (10,600), 2 CD recording machines, printers, computers, etc. were seized, of which mp3 CDs / master stampers belonged to music companies which were members of IMI. Cases U/Ss 63, 65, 68A CR Act and 292 IPC were registered against Surendra Wadhwa, owner and managing director of Siddartha Optical Disc as well as against the company, following which IMI claimed Rs 100 per CD seized as compensation.
