Ojas Sharma is a 2nd year student at Maharashtra National Law University Nagpur
At some point in time, almost all researchers have stumbled upon paid academic content available on shady websites that promise to provide copyrighted material for free. Black open-access websites are online platforms that provide unrestricted access to scholarly research and academic publications without proper authorization from copyright owners. These websites host illicit copies of copyrighted materials, including research articles, books, and other scholarly works, and make them available for download or viewing without obtaining permission from the authors or publishers.
The operation of black open-access websites is beyond the scope of the legal framework of copyright law and often contravenes the intellectual property rights of the copyright owners. Despite purporting to promote open access to knowledge, these websites do not compensate the creators of the works or provide appropriate attribution.
The use of black open-access websites to access copyrighted materials is illegal and carries significant consequences. Such actions not only infringe on copyright law but also threaten the credibility of the academic publishing system and undermine the ability of researchers and scholars to receive recognition for their work.
Legal Implications of Black Open Access Websites
Black open-access websites often host pirated copies of copyrighted materials, which can lead to copyright infringement lawsuits against the operators of the websites. The use of such websites by individuals can also expose them to liability for copyright infringement. By making copyrighted works available without permission from the copyright holders, black open-access websites violate the intellectual property rights of the creators of the works. This can result in legal action against the website operators and users. In some cases, the operation of black open-access websites can be considered a criminal offence, and criminal charges can be pursued against individuals who operate such websites. Website operators and users can face significant civil penalties for copyright infringement, including monetary damages and injunctions that prevent further infringement. The use of black open-access websites can damage the reputation of individuals and organizations, particularly in the academic and research communities, which can lead to difficulties in obtaining funding or employment opportunities.
Landmark Court Cases Curbing Piracy & Mass Distribution
- The case of Warner Bros. Entertainment Inc. vs Http.//Tamilrockers.Ws & Ors was heard by the Delhi High Court in 2020. The case concerned the piracy of the movie “Joker” by the defendants, who had allegedly made the movie available for illegal download on their website, www.tamilrockers.ws.The court held that the defendants had infringed the plaintiff’s copyright in the movie and had caused them significant financial losses. The court granted a permanent injunction against the defendants, restraining them from hosting, sharing, or making available the movie in any manner. The court also awarded damages to the plaintiffs, as well as costs.
- In 2017, the Madras High Court issued an order to block over 2,600 websites, including the Internet Archive, due to a copyright infringement suit filed by a film production company against some rogue websites hosting pirated copies of their films. Even though the Internet Archive was not hosting any infringing content and was not a party to the suit, the court ordered it to be blocked due to its potential to host infringing material in the future. The order faced criticism from internet freedom activists, who argued that it was overly broad and would result in the blocking of legitimate websites. The order was later clarified to state that the Internet Archive could apply for an exemption, which it did and was subsequently unblocked in India. However, many other blocked websites remained inaccessible for some time, highlighting the challenges faced by courts in balancing the interests of copyright holders and internet users.
Impact of Black Open Access Websites on Academic Publishing
Black open-access websites can have both positive and negative impacts on academic publishing. On one hand, they can enhance the accessibility of academic research by providing free access to research articles that would otherwise be inaccessible due to paywalls. This could particularly benefit researchers and students in developing countries who may not have access to expensive journal subscriptions. Furthermore, black open-access websites can provide a platform for researchers to disseminate their work more broadly, potentially increasing the impact and visibility of their research.
On the other hand, there are negative impacts associated with black open-access websites. The availability of pirated copies of research articles can reduce the revenue of academic publishers, which in turn can impact their ability to fund research and publish new articles. This could result in a reduction in the quality and quantity of academic publications. In addition, the unauthorized distribution of research articles can undermine the integrity of the peer-review process by making it easier for individuals to publish articles without going through the proper review and editing process.
Additionally, the use of black open-access websites can lead to reputational damage for researchers and institutions. Researchers who publish their work on these sites may be viewed as promoting copyright infringement, which could tarnish their reputation in the academic community. Moreover, institutions that fail to address the use of these websites by their researchers may also face reputational damage.
Publisher’s Strike on Sci-Hub in Delhi High Court – A Pending Case Study
In a currently pending case of Delhi High Court – ELSEVIER LTD. AND ORS. VS. ALEXANDRA ELBAKYAN AND ORS. Major publishing giants have unitedly decided to litigate one of the most prominent black open-access websites Sci-Hub alongside free eBook provider LibGen. Contentions were raised by the plaintiffs that the material being uploaded by Sci-Hub is copyrighted and the website is resulting in infringement of the plaintiff’s intellectual property rights. By the conclusion of the first hearing, the defendants agreed to halt uploading of new material till the next hearings.
During the course of the hearings, Ms. Elbakyan ended up admitting that the plaintiffs were the original owners of the copyright in the subject works.
While this case is still pending, its verdict is going to be significant for upcoming judgements and the future of black open-access websites, the ethical, legal and moral implications that they pose and the need to acknowledge, and curb this issue with robust structured legal frameworks.
Need of the Hour – A Critical Analysis
Although the use of black open-access websites may improve the accessibility of research articles, particularly for individuals in developing countries who lack access to expensive journal subscriptions, such benefits are outweighed by the potential negative impact on academic publishing and the wider scholarly community. The unauthorized distribution of copyrighted works not only infringes on copyright law but also undermines the credibility of the academic publishing system, which relies on proper attribution and compensation for the creators of the works.
Government intervention by providing positive sanctions as well as negative sanctions can prove useful in curbing the complexities generated by such websites. While the judiciary is playing a robust role in balancing intellectual property, inspired by Natco Pharma v. Cipla where the court gave priority to the interest of the masses over personal profit over the medicine’s patent, there can be various domains where free information can be available however, the ultimate aim should lie in the ban of such websites as they undermine one’s academic integrity, makes peer-reviewing harder and deters one from pursuing quality research.
The ultimate power lies in the hand of legislation which can induct policies, enact laws that could provide detailed intricate provisions tackling online piracy, black open access websites and even set up a structured framework limiting the ambit of such websites protecting the intellectual property rights of the academicians as well as holding proper ethics. Strengthening government-funded open-access solutions can ensure a robust system and eliminate the need for piracy via black open-access websites.
Conclusion
Black open-access websites provide unrestricted access to academic publications and research materials without authorization from copyright owners. The use of these websites violates copyright law and intellectual property rights, potentially leading to lawsuits against website operators and users for copyright infringement. While these websites may improve access to research articles, they also have negative consequences for academic publishing, including a reduction in revenue for publishers and a compromise of the integrity of the peer-review process. Therefore, the government as well as the judiciary’s intervention is significant in finding a balance between accessibility and protection of intellectual property rights to ensure the sustainability and integrity of the academic publishing system.