The Constitutionality of Preventing ‘Video Piracy’ Through Preventive Detention in Indian States

7(3) Oxford Journal of Intellectual Property Law and Practice 194-204 (2012).

26 Pages Posted: 22 Oct 2020

Date Written: July 31, 2012

Abstract

Traditionally, in India, copyright laws have always been in the domain of the Parliament of India. In the recent past, however, various states within the Indian Union have started enacting ‘preventive detention’ legislation to combat ‘video pirates’ who infringe the copyright in films. The primary issue that arises in this context is whether it is constitutionality possible for the legislatures of various states to enact legislation pertaining to copyright law. A secondary issue is whether ‘video piracy’ can ever disrupt ‘public order’ to an extent which permits ‘preventive detention’ legislation. We identify and outline the three different pieces of legislation which permit the executive in three different states to take alleged video pirates into ‘preventive detention’. We then explain the history of preventive detention in India and examine with the help of case law, whether these laws are ultra vires the Constitution of India 1950.

Suggested Citation

Reddy, Prashant and Sai Vinod, N., The Constitutionality of Preventing ‘Video Piracy’ Through Preventive Detention in Indian States (July 31, 2012). 7(3) Oxford Journal of Intellectual Property Law and Practice 194-204 (2012)., Available at SSRN: https://ssrn.com/abstract=3683745 or http://dx.doi.org/10.2139/ssrn.3683745

N. Sai Vinod

Independent ( email )

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