Copy Rights

Dr. Usha Padma

Assistant Professor
Electronics & Telecommunication
Engineering
RV College Of Engineering
 Introduction
In India the first Copyright Act was passed in the year 1914. At present, the
Copyright Act, 1957 (hereinafter referred to as the Act) governs copyright law in
India. The original Act of 1957 has been amended in the year 1983, 1984, 1992,
1994, and recently in 1999.
No copyright exists in any work, except as provided in the Act (Section 16).
Copyright is a creation of the statute. Unlike trade marks, there is no such thing as
common law copyright.

Object of copyright law is to encourage authors, composers and artists to

create original works by giving them exclusive right for limited period to reproduce the
work for the benefit of the public. It is a negative right to prevent others from
copying their work.

Copyright shall subsist throughout India in the following classes of works –

(a) original literary, dramatic, musical and artistic works;

(b) cinematograph films; and
(c) sound recordings;
 Introduction
"artistic work" means-
(i) a painting, a sculpture, a drawing (including a diagram, map, chart or plan), an
engraving or a photograph, whether or not any such work possesses artistic
quality;
(ii) work of architecture;
(iii) any other work of artistic craftsmanship;
"engravings“ means – etchings, lithographs, wood-cuts, prints and other similar works,
not being photographs;
"dramatic work" -
Includes any piece for recitation, choreographic work or entertainment in
dumb show, the scenic arrangement or acting form of which is fixed in writing or
otherwise but does not include a cinematograph film;
"literary work"
Includes computer programmes, tables and compilations including computer
data bases
"musical work"
A work consisting of music and includes any graphical notation of such
work but does not include any words or any action intended to be sung, spoken or
performed with the music;
 Introduction
"sound recording"
A recording of sounds from which such sounds may be produced regardless of
the medium on which such recording is made or the method by which the sounds are
produced;

"composer”
In relation to a musical work, means the person who composes the music
regardless of whether he records it in any form of graphical notation;

"computer programme"
A set of instructions expressed in words, codes, schemes or in any other form,
including a machine readable medium, capable of causing a computer to perform a
particular task or achieve a particular result;

"cinematograph film"
Any work of visual recording on any medium produced through a process from
which a moving image may be produced by any means and includes a sound recording
accompanying such visual recording and "cinematograph" shall be construed as
including any work produced by any process analogous to cinematography including
video films;
 RIGHTS
Meaning of copyright.-
"copyright" means the exclusive right subject to the provisions of this Act, to do or
authorize the doing of any of the following acts in respect of a work or any substantial part
thereof, namely:-
In the case of a literary, dramatic or musical work
(i) to reproduce the work in any material form including the storing of it in any medium
by electronic means;
(ii) to issue copies of the work to the public not being copies already in circulation;
(iii) to perform the work in public, or communicate it to the public;
(iv) to make any cinematograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
REQUIREMENTS OF COPYRIGHT
PROTECTION
• “Originality” – it should originate
from the author – product of
independent creation.
• “Fixation” – should be expressed in a
material form
 ADAPTATION
(i) in relation to a dramatic work, the conversion of the work into a non-dramatic
work;

(ii) in relation to a literary work or an artistic work, the conversion of the work into
a dramatic work by way of performance in public or otherwise;

(iii) in relation to a literary or dramatic work, any abridgement of the work or any
version of the work in which the story or action is conveyed wholly or mainly
by means of pictures in a form suitable for reproduction in a book, or in a
newspaper, magazine or similar periodical

(iv) in relation to a musical work, any arrangement or transcription of the work;

(v) in relation to any work, any use of such work involving its re-arrangement or
alteration;
 RIGHTS
In the case of a computer programme
(i) to do any of the acts specified in clause (a);

(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy
of the computer programme: Provided that such commercial rental does not apply in
respect of computer programmes where the programme itself is not the essential
object of the rental.

In the case of an artistic work

(iii) to reproduce the work in any material form including depiction in three dimensions of
a two dimensional work or in two dimensions of a three dimensional work;

(ii) to communicate the work to the public;

(iii) to issue copies of the work to the public not being copies already in circulation;

(iv) to include the work in any cinematograph film;

(v) to make any adaptation of the work;

 RIGHTS
In the case of cinematograph film
(i) to make a copy of the film, including a photograph of any image forming part
thereof;
(ii) to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of
whether such copy has been sold or given on hire on earlier occasions;

(iii) to communicate the film to the public;

In the case of sound recording

(ii) to make any other sound recording embodying it;

(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording
regardless of whether such copy has been sold or given on hire on earlier occasions;

(iii) to communicate the sound recording to the public.

 COPYRIGHT / DESIGN
OVERLAP
• There will be works that are both
protectible under copyright law as
well as under designs law.

• Indian law has tried to resolve this by

the provision of Section 15(2),
Copyright Act, 1957 – makes the
position more anomalous.
 SECTION 15(2), COPYRIGHT
ACT, 1957
• Copyright does not subsist in design registered
under the Designs Act

• Design capable of being registered, but which

has not been so registered - copyright shall
cease as soon as any article to which the
design has been applied more than FIFTY
TIMES by an industrial process
Copyright & Designs Law
• It may not be practically possible for a
designer to get all his designs registered

• Under the present framework, functional

designs can claim full copyright
protection but non-functional, aesthetic
& novel designs that are not registered
designs, lose all protection – highly
anomalous
Copyright & Designs Law
• Designs that are not commercialised (i.e., not
produced more than 50 times), enjoy full
copyright protection even if not registered as a
design

• It may be argued that a design that has been

commericalised, may be capable of protection
under Copyright Act on the basis of the
underlying artistic works (i.e., the sketches,
engravings, prototypes, etc.) though Section
15 (2) remains a bar
Copyright & Designs Law
• It is therefore important to maintain
documentation and records at every stage
of product design and development as
this may help in claiming protection for a
design under the Copyright Act, 1957

• Also, once you are seriously thinking of

getting into mass production of a design,
file a design application as that would
provide you stronger protection &
complete monopoly
DESIGN Vs. COPYRIGHT
 Term of Copyright

For literary, dramatic, musical and artistic works the term is 60 years from
the death of the author;

For photograph and cinematograph film the term is 60 years from the
beginning of the calendar year next following the year in which it is published/
released.

For sound recording the term is 60 years from the beginning of the calendar
year next following the year in which it is published/ released.
 Term of Copyright
Term of copyright in anonymous and pseudonymous works
In the case of a literary, dramatic, musical or artistic work (other than a
photograph), which is published anonymously or pseudonymously, copyright shall subsist
until 60 years from the beginning of the calendar year next following the year in which
the work is first published.

Provided that where the identity of the author is disclosed before the expiry of
the said period, copyright shall subsist until 60 years from the beginning of the calendar
year next following the year in which the author dies.

references to the author shall, in the case of an anonymous work of joint authorship, be
construed,-
(a) where the identity of one of the authors is disclosed, as references to that author;
(b) where the identity of more authors than one is disclosed, as references to the author
who dies last from amongst such authors.
 Term of Copyright
References to the author shall, in the case of a pseudonymous work of joint
authorship, be construed,-
(a) where the names of one or more (but not all) of the authors are pseudonymous and
his or their identity is not disclosed, as references to the author whose name is not a
pseudonym, or, if the names of two or more of the authors are not pseudonyms, as
references to such of those authors who dies last;

(b) where the names of one or more (but not all) of the authors are pseudonyms and
the identity of one or more of them is disclosed, as references to the author who
dies last from amongst the authors whose names are not pseudonyms and the
authors whose names are pseudonyms and are disclosed; and

(c) where the names of all the authors are pseudonyms and the identity of one of them
is disclosed, as references to the author whose identity is disclosed or if the identity
of two or more of such authors is disclosed, as references to such of those authors
who dies last.
 Term of Copyright
Term of copyright in Government work
In the case of Government work, where Government is the first owner of the
copyright therein, copyright shall subsist until 60 years from the beginning of the
calendar year next following the year in which the work is first published.

Term of copyright in works of public undertakings

In the case of a work, where a public undertaking is the first owner of the copyright
therein, copyright shall until 60 years from the beginning of the calendar year next
following the year in which the work is first published.

Term of copyright in works of international organizations

In the case of a work of an international organization to which the provisions of
section 41 apply, copyright shall subsist until 60 years from the beginning of the
calendar year next following the year in which the work is first published.
 Ownership of Copyright
Author of any work is the first owner of copyright (Section 17) viz. Author of
literary or dramatic work, composer of the music, artist or photographer in respect of an
artistic work and a photograph respectively, producer of a cinematograph film or sound
recording.
When the work is computer generated, the person who causes the work to be
created is the author.
Section 17 of the Act
Provides situations where author is not the first owner of copyright (in the
absence of the agreement to the contrary) e.g. when a photograph is taken, portrait or
painting draw, or engraving made on in return of consideration, then the person giving
the consideration is the owner;
when literary, dramatic or artistic work is created by the author during the course of
employment under a contract for service – employer is the owner.

To illustrate:
A shorthand writer is not the owner of the work, but the person who dictates is. The
teacher writes a book during his employment, He is the owner since he is employed to teach and
not to write. An employee of a solicitors’ firm drafts a document in the course of his employment -
employer is the first owner of the copyright.
 Services
Two categories namely

1. Contract of service
2. Contract for service

The fundamental difference is that: An employee-employer contract is a contract

of service ; A contractor-client contract is a contract for services. In each of these
types of contract, both parties have specific rights and responsibilities, which differ
according to the type of contract in place.

Employees of a newspaper, magazine or periodical proprietor such as

journalists and photographers are in a slightly different situation than employees
generally. Instead of the employer solely owning copyright in the material their
employed journalists or photographers create for their newspaper, magazine or
periodical, copyright in such materials is divided between employer and
employee: the author of the work retains copyright for book publication and
photocopying purposes, and the newspaper, magazine or periodical proprietor
owns copyright for all other purposes
 Commissioned Work

commissioned works
If someone is paid to take or make a photograph, portrait or engraving
for the private or domestic purposes of the person paying (the "commissioner"),
for example wedding photographs, the commissioner owns copyright in the work
even though the artist or photographer is not an employee. The commissioner
owns copyright in a film or a sound recording made against remuneration

Crown rights
The Commonwealth or a State owns copyright in any subject-matter of
copyright created by, or under the direction or control of the Commonwealth or
the State.
 Rights of Broadcasting Organization and of
Performers
Broadcast reproduction right
1) Every broadcasting organization shall have a special right to be known as "broadcast
reproduction right" in respect of its broadcasts.
(2) The broadcast reproduction right shall subsist until twenty-five years from the
beginning of the calendar year next following the year in which the broadcast is made.
(3) During the continuance of a broadcast reproduction right in relation to any
broadcast, any person who, without the licence of the owner of the right does any of
the following acts of the broadcast or
any substantial part thereof,-
(a) re-broadcasts the broadcast; or
(b) causes the broadcast to be heard or seen by the public on payment of any charges;
(c) makes any sound recording or visual recording of the broadcast; or
(d) makes any reproduction of such sound recording or visual recording where such
initial recording was done without licence or, where it was licensed, for any purpose
not envisaged by such licence;
(e) sells or hires to the public or offers for such sale or hire, any such sound recording or
visual recording referred to in clause (c) or clause (d) shall, subject to the provisions of
section 39, be deemed to have infringed the broadcast reproduction right.
 Rights of Broadcasting Organization and of
Performers
"performance”
In relation to performer's right, means any visual or acoustic presentation made
live by one or more performers;
"performer”
Includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake
charmer, a person delivering a lecture or any other person who makes a performance
 Case Study`s
Research shows that in the UK eight million people claim to be downloading
music from the Internet, 92% of them using illegal sites. Many people who use these
sites don’t realise that this practice is illegal. If you are downloading music from a site
that offers this service free, it is likely that this is an infringement of copyright and that
you are using a site that is operating illegally.

Sites such as Apple’s iTunes®, MyCokeMusic®, HMV® and Virgin® in the UK are
all operating within the law because their customers pay, usually quite a small amount,
for the service. Those charges aren’t just to cover their costs of running the site and to
make themselves a profit. They pass on royalties to the artists whose work we are
listening to. Many examples of where to buy legal downloads can
be found at www.pro-music.org/
 Case Study`s
A faculty member has begun work on multi-media courseware
materials she plans to use with her students for Geology 301. Some of the
component materials came from other copyrighted works. She has made
arrangements with the media center for technical support and obtained a
P500,000 grant
from the University to help fund her project. She plans to hire a graduate
student to do programming for her. Her brother-in-law (a commercial artist) has
agreed to do 11 graphic illustrations for her.
The courseware materials greatly enhanced the faculty member's
teaching. Many students were enthusiastic and seemed to be learning more. It
wasn't
long before other faculty members, even some outside her institution, became
interested. She contacted the publisher of the textbook on which she based
the courseware materials to discuss publishing her work.
•Who will own the courseware materials and why?
•What does she need to do to avoid infringements if she pursues her plan of
publishing the courseware?
 Case Study`s
1. Hustler Magazine, Inc. v. Moral Majority, Inc.,
Publisher Larry Flynt made disparaging statements about the Reverend Jerry
Falwell on one page of Hustler magazine. Rev. Falwell made several hundred thousand
copies of the page and distributed them as part of a fund-raising effort

2. Wright v. Warner Books, Inc.

A biographer of Richard Wright quoted from six unpublished letters and ten
unpublished journal entries by Wright (1%)

3. Cambridge University Press v. Georgia State University

In a case alleging 75 instances of infringement in an educational setting, 70
instances were not infringing either because of fair use or other reasons. The infringements
were alleged because of the posting of copyrighted books within the university’s e-reserve
system.
The court viewed the Copyright Office’s 1976 Guidelines for educational fair use
as a minimum, not a maximum standard. The court then proposed its own fair use
standard — ten percent of a book with fewer than ten chapters, or of a book that is not
divided into chapters, or no more than one chapter or its equivalent in a book of more than
ten chapters
 Case Study`s
4. The Author’s Guild v. Hathitrust
Libraries that provided a search engine company (Google) with books to scan
were protected by fair use when the libraries later used the resulting digital scans for
three purposes: preservation, a full-text search engine, and electronic access for
disabled patrons who could not read the print versions.

5. Twin Peaks v. Publications Int’l, Ltd.

A company published a book entitled Welcome to Twin Peaks: A Complete

Guide to Who’s Who and What’s What, containing direct quotations and paraphrases
from the television show Twin Peaks, as well as detailed descriptions of plots,
characters, and setting

6. Warner Bros. Entertainment, Inc. v. RDR Books

Although the creation of a Harry Potter encyclopedia was determined to be

“slightly transformative” (because it made the Harry Potter terms and lexicons available
in one volume), this transformative quality was not enough to justify a fair use defense
 Case Study`s
7. Universal City Studios v. Sony Corp.
lawsuit commonly known as the Betamax case

8. Monster Communications, Inc. v. Turner Broadcasting Sys. Inc.

The makers of a movie biography of Muhammad Ali used 41 seconds from a
boxing match film in their biography.

9. Gaylord v. United States

The U.S. Postal Service (USPS) licensed the use of a photograph of the Korean
War veterans’ memorial sculpture for a postage stamp, but failed to obtain permission
from the sculptor who held copyright in the underlying three-dimensional work.

10. Keep Thomson Governor Comm. v. Citizens for Gallen Comm.

A person running for political office used 15 seconds of his opponent’s
campaign song in a political ad

11. Italian Book Corp., v. American Broadcasting Co.

A television film crew, covering an Italian festival in Manhattan, recorded a band
playing a portion of a copyrighted song “Dove sta Zaza.” The music was replayed during a
news broadcast.
 Case Study`s
12.BMG Music v. Gonzalez,
Downloading songs is not a fair use. A woman was sued for copyright
infringement for downloading 30 songs using peer-to-peer file sharing software. She
argued that her activity was a fair use because she was downloading the songs to
determine if she wanted to later buy them.

13. Elsmere Music, Inc. v. National Broadcasting Co.

Comedians on the late-night television show Saturday Night Live parodied the
song “I Love New York” using the words “I Love Sodom.”

14. Campbell v. Acuff-Rose Music,

The rap group 2 Live Crew borrowed the opening musical tag and the words
(but not the melody) from the first line of the song “Pretty Woman” (“Oh, pretty woman,
walking down the street”). The rest of the lyrics and the music were different.

15. Family Planning Clinic v. Center for Bio-Ethical Reform,

A pro-life video organization created two anti-abortion videos by borrowing
video clips from a pro-choice video and juxtaposing them with actual abortion footage.
 Infringement
Infringement also occurs when one deals commercially with infringing copies, e.g., if a
person:

1. Imports infringing copies for sale or distribution;

2. sells (including distribution for trade or any other purpose to an extent that affects
prejudicially the copyright owner) or lets for hire infringing copies; or

3.Offers infringing copies for sale or hire by way of trade.

The copyright owner may take legal action against a person who infringes his copyright.

Remedies are the measures of relief that the Court can grant to a person
whose rights are infringed. In civil lawsuits, remedies for copyright owners include
injunctions (to stop someone from doing something), damages (whether actual
damages, as proved, or statutory damages), and account of profits.
 Copyright infringement
• Copyright infringement is the use of works protected
by copyright law without permission, infringing certain
exclusive rights granted to the copyright holder, such as
the right to reproduce, distribute, display or perform the
protected work, or to make derivative works.
• The copyright holder is typically the work's creator, or a
publisher or other business to whom copyright has been
assigned. Copyright holders routinely invoke legal and
technological measures to prevent and penalize
copyright infringement.
 Common forms of infringement
• Reproduction of the work in a material form.
• Publication of the work.
• Performance of the work in public.
• Making of adaptation and translation of the
work and doing any of the above acts in
relation to a substantive part of the work.
 Factors involved in determination of
infringement
• Casual connection : Owner must show that there is a
casual connection between the original work and the
alleged infringement copy apart from a sufficient degree
of objective similarity between the two works.
• Subconscious copying and indirect copying :Unaltered
copying, extent of defendant’s alteration, character of
plaintiff’s and defendant’s works, nature of plaintiff’s
effort, extent to plaintiff’s effort, manner in which the
defendant has taken advantage of plaintiff’s work,
possibility of serious interference with the plaintiff’s
exploitation of his work to be considered.
 Acts that do not constitute infringements:
Statutory Exceptions
• A fair dealing with a literary, dramatic, musical or artistic
work for the purposes of –
i. private use, including research
ii. criticism or review, whether of that work or of any other work.
• The making of copies or adaptation of a computer programme
by the lawful possessor of a copy of such computer
programme, from such copy-
i. in order to utilize the computer programme for the purposes
for which it was supplied, or
ii. to make back up copies purely as a temporary protection
against loss, destruction or damage in order only to utilize the
computer programme for the purpose for which it was
supplied
 Acts that do not constitute infringements:
Statutory Exceptions
• Reporting of current issues : A fair dealing with
a literary, dramatic, musical or artistic work for
the purpose of reporting current events-
i. in a newspaper, magazine or similar
periodical,
ii. in a cinematograph film or by means of
photographs,
 Acts that do not constitute infringements:
Statutory Exceptions
• Reproduction in connection with judicial
proceedings: The reproduction of a literary,
dramatic, musical or artistic work for the
purpose of judicial proceeding or for the
purpose a report of a judicial proceedings;
 Acts that do not constitute infringements:
Statutory Exceptions
• Reproduction for legislative purposes: The
reproduction or publication of a literary,
dramatic, musical or artistic work in any work
prepared by the Secretariat of a Legislature,
exclusively for the use of the members of that
Legislature;
 Acts that do not constitute infringements:
Statutory Exceptions
• Reproduction to make certified copies : The
reproduction of any literary, dramatic or
musical work in a certified copy made or
supplied in accordance with any law for the
time being in force;
 Acts that do not constitute infringements:
Statutory Exceptions
• Reading / Recitation of extracts : The reading or
recitation in public of any reasonable extract form a
published literary or dramatic work;
• Publication for use of educational institutions: The
publication in a collection, mainly composed on non
copyright matter, bona fide intended for the use of
educational institutions or short passages from
published literary or dramatic works, not themselves
published for the use of educational institutions, in
which copyright subsists;
 Acts that do not constitute infringements:
Statutory Exceptions
• Reproduction by teacher or pupil in the course of
instruction : as part of the questions to be answered
in an examination, or in answers to such questions.
• The performance, in the course of the activities of an
educational institutions, of a literary, dramatic or
musical work by the staff and students of the
institution, or of a cinematograph film if the
audience is limited to such staff and students, the
parents and guardians of the students and persons
directly connected with activities of the institution.
 Acts that do not constitute infringements:
Statutory Exceptions
• Making and using of sound recordings under
certain circumstances and in enclosed rooms,
or clubs not run for the benefit of a religious
institution is not infringed.
• The performance of a literary, dramatic or
musical work by an amateur club or society, if
the performance is given to a non paying
audience, or for the benefit of a religious
institution.
 Acts that do not constitute infringements:
Statutory Exceptions
• Reproduction of an article on current economic,
political, social or religious matters in newspapers,
magazines etc,
• The publication in a newspaper, magazine or other
periodical of a report of a lecture delivered in public.
• The making of not more than three copies of a book
(including a pamphlet, sheet of music, map, chart or
plant) by or under the direction of the person in
charge of a public library for the use of the library if
such book is not available for sale in India.
 Acts that do not constitute infringements:
Statutory Exceptions
• The reproduction, for the purpose of research
or private study or with a view to publication,
of an unpublished literary, dramatic or musical
work kept in a library, museum or other
institution to which the public has access.
• The reproduction or publication of- any matter
which has been published in any Gazette or
reports of gevernment commission or other
bodies appointed by government.
 Acts that do not constitute infringements:
Statutory Exceptions
• Reproduction or publication of Any judgment
or order of a court, tribunal or other judicial
authority, not prohibited from publication.
• Production or publication of translation of acts
of legislature or rules.
• The making or publishing of a painting,
drawing, engraving or photograph of a work
of architecture or its display.
 Acts that do not constitute infringements:
Statutory Exceptions
• The making or publishing of a painting,
drawing, engraving or photograph of a
sculpture, or other artistic works permanently
situated in a public place.
• Inclusion in a cinematographic film of any
artistic work permanently situated in a public
place.
 Introduction to Cyber Law:

• Cyber Law is the law governing cyber space. Cyber

space is a very wide term and includes computers,
networks, software, data storage devices (such as
hard disks, USB disks etc), the Internet, websites,
emails and even electronic devices such as cell
phones, ATM machines etc.
• Cyber crimes can involve criminal activities that are
traditional in nature, such as theft, fraud, forgery,
defamation and mischief, all of which are subject to
the Indian Penal Code.
• The expression ‘Crime’ is defined as an act,
which subjects the doer to legal punishment
or any offence against morality, social order or
any unjust or shameful act. The “Offence" is
defined in the Code of Criminal Procedure to
mean as an act or omission made punishable
by any law for the time being in force.
• Cyber Crime is a term used to broadly describe
criminal activity in which computers or
computer networks are a tool, a target, or a
place of criminal activity and include
everything from electronic cracking to denial
of service attacks. It is also used to include
traditional crimes in which computers or
networks are used to enable the illicit activity.
• Computer crime mainly consists of
unauthorized access to computer systems
data alteration, data destruction, theft of
intellectual property. Cyber crime in the
context of national security may involve
hacking, traditional espionage, or information
warfare and related activities.
• Pornography, Threatening Email, Assuming
someone's Identity, Sexual Harassment,
Defamation, Spam and Phishing are some
examples where computers are used to
commit crime, whereas Viruses, Worms and
Industrial Espionage, Software Piracy and
Hacking are examples where computers
become target of crime.
 CATEGORIES OF CYBER CRIME:

• Cyber crimes against persons :

Cyber harassment is a distinct Cyber crime.
Various kinds of harassment can and do occur
in cyberspace, or through the use of
cyberspace. Harassment can be sexual, racial,
religious, or other.
• Cyber crimes against property :
These crimes include computer vandalism
(destruction of others' property), transmission
of harmful programs, unauthorized
trespassing through cyber space, unauthorized
possession of computer information.
• Cyber crimes against government :
The growth of internet has shown that the
medium of Cyberspace is being used by
individuals and groups to threaten the
international governments as also to terrorize
the citizens of a country.
 Types Of Cyber Crime

• Unauthorized access & Hacking:- Access means gaining

entry into, instructing or communicating with the logical,
arithmetical, or memory function resources of a
computer, computer system or computer network.
• Trojan Attack:-The program that act like something
useful but do the things that are quiet damping. The
programs of this kind are called as Trojans. Trojans come
in two parts, a Client part and a Server part. When the
victim (unknowingly) runs the server on its machine, the
attacker will then use the Client to connect to the Server
and start using the trojan.
• Virus and Worm attack:- A program that has
capability to infect other programs and make
copies of itself and spread into other
programs is called virus. Programs that
multiply like viruses but spread from
computer to computer are called as worms.
• E-mail related crimes:-
• Email spoofing :Email spoofing refers to email that
appears to have been originated from one source
when it was actually sent from another source.
• Email Spamming: spamming refers to sending email
to thousands and thousands of users - similar to a
chain letter. Sending malicious codes through email.
E-mails are used to send viruses, Trojans etc through
emails as an attachment or by sending a link of
website which on visiting downloads malicious code.
• Email bombing: E-mail "bombing" is characterized by
abusers repeatedly sending an identical email message
to a particular address. Making of false, derogatory
statement(s) in private or public about a person's
business practices, character, financial status, morals,
or reputation. Oral defamation is a slander whereas
printed or published defamation is a libel.
• Email frauds:Email fraud is the intentional deception
made for personal gain or to damage another individual
through email.
• Internet Relay Chat (IRC) related crimes:-
Three main ways to attack IRC are: Denial of
service attacks, clone attacks, and flood
attacks.
• Denial of Service attacks:- Flooding a
computer resource with more requests than it
can handle. This causes the resource to crash
thereby denying access of service to
authorized users
• Sale of illegal articles
This would include sale of narcotics, weapons and wildlife
etc., by posting information on websites, auction websites,
and bulletin boards or simply by using email
communication.

• Online gambling
There are millions of websites; all hosted on servers
abroad, that offer online gambling. In fact, it is believed
that many of these websites are actually fronts for money
laundering.
 NEED FOR CYBER LAWS
• Laws are necessary in all segments of society, and e-commerce
is no exception.
• Those in the online world should recognize that copyright,
patent, and trademark laws protect much of the material
found on the Internet.

• All Internet users, including minors, need to be assured of their

privacy and the safety of their personal information online.
• In today's highly digitalized world, almost everyone is affected
by cyber law.
• Almost all companies extensively depend upon their computer
networks and keep their valuable data in electronic form.
• Government forms including income tax returns, company law
forms etc are now filled in electronic form.
• Consumers are increasingly using credit cards for shopping.
• Most people are using email, cell phones and SMS messages
for communication.
• Even in "non-cyber crime" cases, important evidence is found
in computers / cell phones e.g. in cases of divorce, murder,
kidnapping, tax evasion, organized crime, terrorist operations,
counterfeit currency etc.
• Cyber crime cases such as online banking frauds, online share
trading fraud, source code theft, credit card fraud, tax evasion,
virus attacks, cyber sabotage, phishing attacks, email hijacking,
denial of service, hacking, pornography etc are becoming
common.
• Cyberspace is an intangible dimension that is
impossible to govern and regulate using
conventional law.
• Cyberspace has complete disrespect for
jurisdictional boundaries.
• Cyberspace handles gigantic traffic volumes
every second.
• Cyberspace is absolutely open to participation
by all.
• Cyberspace offers enormous potential for anonymity to
its members. Electronic information has become the
main object of cyber crime. It is characterized by
extreme mobility, which exceeds by far the mobility of
persons, goods or other services. A software source
code worth cores of rupees or a movie can be pirated
across the globe within hours of their release. Theft of
corporeal information (e.g. Books, papers, CD, ROMs,
floppy disks) is easily covered by traditional penal
provisions. Cyber Laws in India :
• Under The Information Technology Act, 2000