Piracy patrol: Empowering platforms and protecting creators

Platforms like Facebook and YouTube have become ubiquitous platforms for content dissemination; but with their widespread usage comes the challenge of policing and preventing the unauthorised sharing of copyrighted material. In this context, it becomes imperative to shift the responsibility for combating piracy to the platforms themselves.

The fact is that these platforms are not just hosting content, they have become integral part of the content distribution ecosystem. Consequently, the burden of ensuring a piracy-free environment should be shouldered by the platforms, given their extensive resources and technological capabilities. In contrast to explicit content, which is routinely monitored and managed, the prevalence of pirated material demands a more proactive stance from these platforms.

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This proposed shift in responsibility entails establishing a streamlined process for content producers to communicate directly with platforms, requesting the removal of pirated content. Experts feel that the submission process should be user-friendly, allowing producers to efficiently report and address instances of unauthorised distribution.

Moreover, to enhance the effectiveness of anti-piracy measures, platforms should implement robust self-monitoring systems. These systems would enable automated detection and removal of pirated content, minimising the reliance on manual reporting. By integrating advanced technologies such as content recognition algorithms, platforms can take a proactive stance in preventing the dissemination of unauthorised material.

Shifting the responsibility to platforms, implementing user-friendly reporting mechanisms, and integrating self-monitoring systems can collectively contribute to a more secure and piracy-resistant digital content environment.

When it comes to platforms like Facebook or YouTube, the complaint needs to be raised with the platform, points out anti-piracy expert Mugil Chandran of Block X Technologies. Here, he adds, the nodal officers can’t help, because you can’t block YouTube or Facebook.

“The onus should be on such platforms to ensure that there is no pirated content on their platforms. They are all checking for explicit content. Producers should have a provision to ask these platforms for the removal of pirated content. Submission can be a one-time process. Platforms should have a self-monitoring system in this regard,” he maintains.

The challenges

While the proposed mechanism of ordering takedowns directly from platforms offers a promising approach to combat piracy, there are several potential challenges and concerns that need careful consideration:

• Protecting content creators’ rights

Risk of unjust removal: There is a risk that platforms may overly prioritise takedown requests without thoroughly assessing the legitimacy of claims. This could lead to the unjust removal of content, potentially impacting the rights of content creators.

Lack of verification: Without robust verification processes, there’s a possibility of false or malicious takedown requests being submitted. This lack of due diligence could result in the removal of legitimate content without proper justification or evidence.

Minimising false or incorrect requests: The system may be susceptible to abuse, with competitors or individuals filing false claims to intentionally harm the reputation or presence of a content creator. This could lead to a flood of inaccurate takedown requests.

In the Internet age, online piracy has become a significant issue, observes producer Anand Pandit.

“Once content is uploaded to a website, it quickly spreads through downloads, and torrents, and is widely shared across peer-to-peer networks. While the new directive allows a copyright holder to file a complaint, leading the nodal officer to instruct the website to remove the content within 48 hours, a challenging aspect is that the content may have already been accessed by numerous individuals during this time. Furthermore, illegal content is often not directly uploaded to platforms like YouTube. Instead, it is distributed through illicit networks and private links. Regarding incorrect takedown requests, the rule explicitly states that only the copyright holder or a person officially assigned by them can file a complaint for content removal. Thus, this should not pose a significant issue,” he adds.

Pandit reminds us that this issue has been a long-standing challenge. “During the 1990s, unauthorised theatre copies on video cassettes were rented out by shops. Later, the sale of pirated DVDs and CDs on the streets became common. In this digital age of smartphones and the Internet, the threat has escalated, with individuals using smartphones even recording significant sequences from theatres. Even OTT platforms are taking extra precautions to prevent illegal downloads and content sharing, underscoring the importance of adopting a comprehensive approach to address this issue,” he notes.

Arjun Singgh Baran and Kartk D Nishandar, Founders of GSEAMS, feel that an efficient system must be put into place to resolve copyright disputes so that the Intellectual Property Rights of the content owner can be protected from unscrupulous elements. According to them, a streamlined process can then block sites that are uploading pirated creative material or remove the disputed content. There should be strict legal action with monetary ramifications against the pirates of Intellectual Property.

As for a solution to the piracy being found in YouTube, Facebook, etc., Mugil Chandran feels that these platforms should be asked by the government to self-regulate. “Then at least most of the problem will be solved with regard to sites that are functioning in India. If they don’t act upon the client requests, there should be some level of penalty being imposed. Otherwise, this in no way is going to scare the pirates or the platforms,” says Chandran.

Indeed, the battle against online piracy necessitates a multi-faceted approach, involving collaboration between content creators, platforms, and regulatory bodies. As the digital landscape continues to evolve, adapting strategies to address emerging challenges will be pivotal in ensuring the integrity of intellectual property in the online realm.