The availability of digitized information on internet has raised the issues relating to legal protection of such information because intellectual property, in the form of computer software and digitized entertainment, is a highly tempting target for reproduction and distribution. The digital material in the form of music, graphics, software, and other works can be "copied" and transmitted over the Internet with a remarkable ease and without the author's permission.

But copyright law provides protection in respect of digital information, computer programmes, multimedia etc. in cyberspace as well as in the real world. Illegal duplication, file-sharing, linking, framing or use of any type of intellectual property even in cyber space, constitutes copyright infringement in the eye of law. Though copyright infringement on internet has become a global issue, we have analysed here the applicability of Indian Copyright Act in order to deal with copyright infringement in cyber space.

Section 51 of the Copyright Act, 1957 lays down the provisions relation to the infringement of copyright. It does not expressly provide as to whether such infringement occurred in cyberspace or in physical world. If we read the language of the Section 51 along with the Section 14 of the Copyright Act, 1957 it becomes clear that reproducing any copyrighted work, issuing copies of the work to the public or communicating the work to the public would amount to the copyright violation under the Act.

But, in case of linking or in-lining there is no reproduction of any copyrighted work. The reproduction takes place at the end of the user who visits the linked page via link. Let us explain the copyright infringement in respect of linking, framing and in-lining along with the applicability of Indian Copyright Act, 1957 to deal with these issues.

1. Linking

Linking means the joining of any two web pages on Internet. A link is an embedded electronic address that points to another location and takes the user there. A link may lead either to another file in the same website, or to a file on a different computer located elsewhere on the Internet. It might be possible that a numbers of links appear on a single web page. Linking may be of two types, deep linking and surface linking. In case of Surface Linking the home page of any site is linked while Deep Linking means bypassing the home page and linking to the internal pages within the web site.

Section 2(ff) of the Indian Copyright Act, 1957 defines the term “communication to public” in the following words:

“Communication to public means making any words available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing copies of such work regardless of whether any member actually sees, hears or otherwise enjoys the work so made available.”

The explanation 1 to this section further provides to include any communication through satellite or cable. Therefore, this definition covers the contents of a web site on internet by virtue of expression “by any means of display”. Therefore, linking comes within the ambit of Indian copyright law. If any linking is done to the detriment of any site, its owner can take recourse to legal remedy under Indian Copyright act, 1957.

Before linking deep in to any site it is prudent to first take the permission of the owner of site. On the other hand, in order to prevent unwanted linking the creator of web site should insert a prohibition clause in its terms of use as “ do not link to this site without any express consent of copyright holder of this site .”

2. In-lining

The term ‘In-lining' refers to the creation of a new web page by summoning different elements from diverse pages or servers. If any user browses this composite web page, this page will direct the browser to obtain the pictures, graphics etc. from the original sources.

In case of inline linking the user may never come to know that the contents of the composite page have not been stored at the site has being visited by him. The inline linking is not covered by the Section 14 and 51 of the Indian Copyright Act, 1957 as the person employing an inline link on his site is not causing any reproduction of the copyrighted contents. But, the definition of the ‘communication to public' as provided under section 2(ff) of the Copyright Act can be interpreted to include ‘inline linking' by virtue of the expression ‘by any means of display'.

On the other hand Section 14(a)(vi) of the Act grants the right of adaptation only to the author of copyrighted work. By in-lining the linking site could take some elements from the linked site's settings i.e. pictures, text, film clips etc. and create its own site. This amounts to an infringement of adaptation rights of the author.

In-lining creates moral issues also. Section 57 2 of the Copyright Act, 1957 guarantees special rights of the author of any copyrighted work which is adversely affected by the practice of in-lining. Though, the Act does not expressly provides for making in-lining illegal, but any modification or mutilation to the contents of a web site without the express permission of the owner of the copyrighted material amounts to an infringement in the eye of copyright law of India.

Under Indian Copyright Act, 1957 the legality of framing can be tested by applying the provisions of section 51 read with section 14 of the Act. In case of framing, the framer of the other's site neither reproduces the copyrighted content nor making copy of the same but he provides only a visiting browser with instructions to retrieve the content of that site in to framer's website. Therefore, the framer of site can not be held liable for unauthorized copying or reproduction of copyrighted work under Indian Copyright Act but he could be trapped under section 57(1) of the Act for infringing the right to integrity of the copyright owner.

Only owner of copyrighted work is entitled to make adaptation to such work under section 14(a)(vi) of the Indian Copyright Act, 1957. This right is adversely affected by the process of framing because the framing site acquires some elements from the multimedia settings of the framed site(s) and creates its own web pages(s). Now, it is the primary responsibility of our courts to look in to the intention of the framer in order to test the legality of framing.