VIDEO PIRACY

KAMARAJ BHARATHY G (Querist) 29 July 2008 This query is : Resolved
DEAR SIR,
VIDEO PIRACY THERE IS COPYRIGHT ACT AND THERE IS PUNISHMENT ALSO. AND THE COPY RIGHT ACT COMES UNDER THE UNION LIST, WHILESO TAMIL NADU GOVERNMENT HAS ENACTED ONE LAW IN 2005 FOR THE VIDEO PIRACY. IF ANY PERSON COMMITS OFFENCE IN VIDEO PIRACY THAT ACT HAS GIVEN POWE TO PUT THEM IN GOONDAS ACT.

MY QUESTION IS IN UNION LIST ACT STATE GOVERNMENT WHETER HAS POWER TO INSERT GOONDAS? KINDLY CLARRIFY.
THANKING YOU

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Srinivas.B.S.S.T (Expert) 29 July 2008
Sir besides union list and state list there is another list called concurrent list, means both state as well as the central can act jointly. Coming to the case of piracy the states are empowered to enect their own amendments even if it is in union list. Just go through IPC where you can find a separate amendment for each and every section made by the states.

KAMARAJ BHARATHY G (Querist) 29 July 2008
THANKS SIR, SPECIFICALLY SATED IN THE CONCURRENT LIST ABOUT THE CRIMINAL LAW HENCE THE STATE GOVERNMENT HAS POWER TO ENACT AMENDMENTS. BUT AS FAR AS THE THE COPYRIGHT ACT IS CONCERN IT COMES UNDER THE UNION LIST. HENCE THE STATE GOVERNMENT HAS NO POWER TO INSERT THE VIDEO PIRACY IN GOONDAS ACT. THIS IS MY OPINION KINDLY CLARRIFY.

K.C.Suresh (Expert) 30 July 2008
Dear Kamaraj, Srini has already clarified your doubt. See the IPC, There are state amendments. See the special enactments there are amendments. The State Government is legally correct. If you have an opinion that its arbitrory you can approach Madras HC for relief.