IPR (Intellectual Property Rights), protects creation of human mind from invention to designs and everything in between whether stories, poetries, brand. It protects the very right of its creator given exclusively them for a set period of time. Whereas, piracy is it very anti-thesis it is, the act of illegally copying books, tapes, videos etc. IPR tries to protect the right of creator and creation from piracy. Piracy though the very opposite of IPR, exist due to this ever-increasing gap between people of different classes.

Culture in every sense of the word must not exist for only those who can subscribe or avail for such but also those who can't, this very disposition in society leads to this "evil that must exist" kind off idea of piracy. This paper goes into this very discussion, critically analyses and understands how can we strengthen IP laws against increasing Piracy, also how to decrease piracy overtime by minimizing such ever-increasing gap between Bourgeoisie and Proletariat, finding a limbo between rights of creator and rights of society.

Intellectual Property Rights (IPR) and Its history

Intellectual Property Rights have its history deep rooted from ancient Greece, when around 500 B.C.E chef in Greek society of Sybaris were given one year right of monopoly to create various culinary delights. There are also various instances to intellectual property right in ancient times. In research paper "INTELLECTUAL PROPERTY AND HUMAN RIGHTS" by WIPO in collaboration with office of UN High commissioner of human rights defines Intellectual Property as a "generic term that probably came into regular use during the twentieth century.

This generic label is used to refer to a group of legal regimes, each of which, to different degrees, confers rights of ownership in a particular subject matter. Copyright, patents, designs, trademarks and protection against unfair competition form the traditional core of intellectual property" Stanford Encyclopaedia of Philosophy defines Intellectual property as "non-physical property that is the product of original thought.

Typically, rights do not surround the abstract non-physical entity; rather, intellectual property rights surround the control of physical manifestations or expressions of ideas." IPR started to gain prominence as legal statutes and evolved from renaissance to the contemporary world, the key periods of such formation and evolution were:•

• June 19, 1421, Empire of Florence issued the very first patent that protected author's rights to a famous architect, Filippo Brunelleschi providing him a three-year monopoly of a barge, he so designed. These statutes didn't just realise rights of author and inventor for their intellectual property but also made an incentive system which later became a prominent feature for Anglo American intellectual property protection. This set a precedence for subsequent statutes, like Venetian Patent Statute of 1474, now widely recognised as the first systematic patent system granting exclusive rights for a time period of ten years.
   
• After 150 years, came the Statute of Monopolies in 1624, enacted in English Parliament, limiting the power of the monarch to grant monopolies and setting a statutory system of patents for intellectual property. This statute declared all monopolies so granted by the monarch void ab initio and also granted rights to the true and first inventor, granting exclusive rights for a period of 14 years. The Statute of Monopolies is often regarded as the very foundation for modern patent law. It transformed patent law by limiting the monarch's power to grant monopolies, leading to a more transparent and equitable system.
   
• The American institution of intellectual property rights is based on the Statute of Monopolies and the Statute of Anne (1710). The Statute of Anne is regarded as the first modern copyright statute, granting authors copyright for a period of 14 years with a renewal of another 14 years if the author was still alive.

  "Whereas printers, booksellers, and other persons have lately frequently taken the liberty of printing, reprinting, and publishing books without the consent of the authors and proprietors … to their very great detriment, and too often to the ruin of them and their families: for preventing therefore such practices for the future, and for the encouragement of learned men to compose and write useful books, be it enacted …"
  (Great Britain, Statute of Anne, 1710)

• The Vienna Convention (1873), held at the Vienna Congress, was the first international conference addressing rights related to intellectual property. However, most inventors were hesitant to showcase their inventions due to a lack of cross-border protection, fearing unauthorized use and copying of their inventions. In response to these concerns, the Paris Convention (1883), the first international convention for intellectual property rights, was held to protect industrial property. The Paris Convention introduced three key principles:
  • National Treatment: Citizens of every member nation receive the same industrial protection treatment as nationals in any other member country.
  • Right to Priority: Inventors are given a 12-month period from the date of filing to seek protection in any member nation of their choice.
  • Independence of Patents: The acceptance or rejection of a patent in one nation does not affect its status in other member nations.

Intellectual Property and Types

Intellectual Property (IP) is a broad term used to define various creations of the mind and expressions of ideas, including literary works, artistic works, inventions, designs, and patterns. IP can be classified into two broad categories:

• Copyright
• Industrial Property
  • Patent
  • Trademark
  • Industrial Design
  • Geographical Indications

Copyright

Copyright, denoted by ©, is the legal ownership of literary and artistic works, granting authors exclusive economic and moral rights. It protects works from plagiarism, unlawful use, production, and circulation.

"Copyright is the right to copy. Only the creator of the work can authorize anyone to reproduce the work."

Berne Convention

In 1886, the first international copyright treaty, the Berne Convention, was signed in Berne, Switzerland. It came into force in December 1887, with Belgium, France, Germany, Italy, Spain, Switzerland, the UK, and Tunisia as signatories. The Berne Convention introduced three major aspects:

Work

The Berne Convention protected three major categories of work:

• Literary works: Books, essays, articles, scripts, speeches, etc.
• Artistic works: Paintings, sculptures, architectural designs, drawings, etc.
• Musical works: Compositions, melodies, and sound recordings.
   

Rights

The convention grants two main types of rights:

• Economic Rights: Authors have exclusive rights to reproduce, distribute, translate, and adapt their works.
• Moral Rights: Authors have the right to claim authorship and prevent distortion or modification of their work.

3. Duration

The general rule under the Berne Convention is that copyright lasts for the lifetime of the author plus 50 years.

The Core Principles of the Berne Convention

• National Treatment: Citizens of every member nation receive the same protection in any other member country, similar to the Paris Convention.
• Automatic Protection: Works are automatically protected as soon as they are published, with no registration required.
• Independence of Protection: The acceptance or rejection of a copyright claim in one nation does not affect its status in other member nations, similar to the Paris Convention.

WIPO
14th July 1967, Stockholm Sweden World Intellectual Property Organization (WIPO) was found. WIPO came in force from 26 April 1970, with 51 51 founding member states, replacing BIRPI (Bureaux Internationaux Réunis pour la Protection de la Propriété Intellectuelle), which was managing the Paris Convention (1883) and Berne Convention (1886).

WIPO was created to have a generalized sense of law regarding Intellectual Property (IP) as back then, every nation has their own law in regard to IP which made it internation governance complicated and manage the Paris Convention (1883) and Berne Convention (1886) and later WCT (WIPO copyright treaty) 1996. WIPO headquarters are located in Geneva, Switzerland.

WCT
Wipo Copyright Treaty 1996, is a special agreement under berne but for digital age. It was made to fight against digital copyright due to rise of internet. Recognizing the rights of authors over digital content and online distribution, also gave other rights. WCT is a major treaty because it was brought as an answer to increasing digital piracy, well which is arguable failing miserably some can argue.

Piracy
The term piracy originates from an ancient Greek & Latin word "pirate" (peirates) meaning "one who attacks" in Greek, which evolved into the Latin "pirata" meaning "sea robber. Piracy is often used in context and relation to pirates as those who attack without legal authority not only ships, but also maritime cities. In the modern or rather in sense of Intellectual Property, piracy means an authorized use, reproduction, distribution of any IP without consent of the owner or right holder. Piracy is used in sense of like copying a book, producing counterfeit pharmaceutical, using trademark of another brand, distributing pirated software, movies etc."

Piracy was first used in terms of IP by John Hancock for unfair or dishonest bookseller as land pirate in 17th century.

In Beckford v. Hood 1798, privacy was first defined piracy as a proxy for unauthorized copying. The case addressed addressed the unauthorized reproduction of a literary work, specifically focusing on the author's rights under the Statute of Anne. Although it didn't explicitly defined piracy but gave a measure of piracy in relation to intellectual property.

later in 1898, Henry Campbell black, in Black's Law Dictionary defined piracy in general sense and in terms synonym with IP theft. He defined piracy of IP as " illicit reprinting or reproduction of a copyrighted book or print or to unlawful plagiarism from it" this definition was also consistent with Beckford Vs Hood case.

The term piracy has gone through transformation from its early use to now it is used in IP. It started with the invention of printing press, in the 15th century, which revolutionized the concept of writing books, literature making it easier and assessable but also increased unauthorized production.

Through this the meaning of word piracy didn't change but also transformed to now used in a broad sense. Piracy once used as theft of goods at sea now theft of creation of mind. As the IPR evolved with various statute piracy became a firm term in IP.

IPR Vs Piracy

Moral Dogma: Of what ought to be

• Art, literature, and cultural expression should not be restricted by financial privilege.
• Intellectual Property Rights (IPR) exist to protect creators but often serve as barriers to cultural access.
• When art becomes a luxury rather than a shared human experience, it loses its essence.
• Modern IPR enforcement raises ethical concerns as it limits access to knowledge and creativity.

Piracy: The "Evil That Must Exist"

• Piracy arises from the need to bypass artificial barriers to knowledge and art.
• It mirrors historical disruptions like the printing press, which democratized knowledge.
• Libraries operate on a similar principle by providing access without direct profit.
• If laws restrict access to knowledge, they fail to serve a just society.
• Piracy serves as a response to rigid IPR laws and highlights systemic failures.

Finding a Middle Ground

• Stuart Lawson, in Access, Ethics, and Piracy, argues that IPR mainly benefits corporations.
• He presents piracy as the inevitable antithesis to IPR and a force for progressive change.
• Lawson advocates for Open Access (OA) as a solution to piracy and restrictive IPR models.

Alternative Perspectives

• In Fake It Till You Make It, Llewellyn Joseph Gibbons examines IPR's inefficacy in Least Developed Countries (LDCs).
• He argues that stringent IPR laws hinder economic growth in developing nations.
• Gibbons proposes a "tolerated uncompensated use policy" to allow limited IP usage for development.
• He critiques the assumption that stricter IPR enforcement leads to economic growth.
• Gibbons references Landes and Posner's economic model, questioning its relevance to developing markets.

Real-Life Example

• Indie game developer Arsi 'Hakita' Patala defended piracy in cases where affordability is an issue.
• He stated that culture should not be exclusive to those who can pay.
• He acknowledged that piracy can lead to indirect support via word-of-mouth marketing.
• His stance aligns with Gibbons' argument that the law should distinguish between inability and unwillingness to pay.

Conclusion

• Piracy remains an inevitable response to restrictive IPR laws.
• A balanced approach, such as Open Access or tolerated use policies, can reduce the need for piracy.
• Legal frameworks should adapt to economic realities rather than criminalizing access to knowledge.

H argues people if are able to pay do pay and don't resort to piracy, backing with example of iTunes. The problem resides in how law thinks both unwillingness and inability to pay are same, challenging assumption made by economists Landes and Posner that human nature is inherently dishonest and that people will always choose to get something for free if they have the opportunity.

Stuart argued for what most of researchers, jurist and journalist argue for, that is an Open Access, which raised with rise of internet from the time when piracy actually became more prominent. OA was a struggle against academic paywall and subscription which gatekept a lot of paper, information. These OA rose with rise of internet as an alternative to these paywall-based site, so that everyone can access such information. This reduced financial burden on academic study and research.

Gibbson agues for failure of such IP laws and how these IP laws are ineffective and self-harming for LDC nation, this led him to introduce Pirate Policy. He also argued for a distinguishment between unwilling to pay and unable to pay.

I believe any art, expression, creation of mind must not just exist for one sect of society. This leads to stagnation and any stagnation in society leads to a very serious problem, lack of new thought and leads to this very idea of anti-renaissance. One of the simple middle grounds can be making the pricing of such expression free for students and affordable as per nations. Example, A LDC nation such paper can be of lower and affordable price and then from a developed nation.

Another thing that can be done would be using a mix of Open Access and Paywall system, where you can access the paper read but only in its peer reviewed first draft or manuscript of such paper and not the actual published one too read, download one needs to pay affordable price asper they nation nature like LDC or not.

Conclusion
The debate between IPR and piracy is not one of absolute right or wrong but of ethical priorities. If intellectual property laws continue to function as barriers rather than bridges to cultural participation, then piracy will persist as a necessary corrective force. Instead of viewing piracy as a criminal act, policymakers should acknowledge its role as an indicator of systemic failure and work towards a more inclusive model of knowledge dissemination.

Art must be for all, not just for those who can afford it. The goal should not be the blind enforcement of IPR but the creation of a system that balances the rights of creators with the rights of society. Open Access models, more flexible copyright durations, and tiered pricing systems based on economic capacity are some ways to bridge the gap. Until such reforms are realized, piracy remains, paradoxically, both a symptom of injustice and a force for its rectification.

Thus, the question is not whether piracy should exist but whether the system that necessitates it should continue to do so. The moment art and knowledge are locked behind paywalls, they cease to be what they were meant to be-a shared legacy of human creativity and thought.

Reference:

• Gibbons, L. J. (2003). Fake it till you make it: A justification for intellectual property "piracy". University of Cincinnati College of Law.
• Lawson, S. (2019). Access, ethics, and piracy. In Open access in theory and practice: The theory-practice relationship and openness (pp. 45-63). Chandos Publishing.
• Terry Hart (2011, March). What is piracy? Copyhype. URL: copyhype.com
• Dames, K. M. (2009, June). The piracy problem: Perspectives on intellectual property in the information age. Information Today. URL: infotoday.com
• Bill Rosenblatt (2010, July 7). Piracy throughout history. Copyright and Technology. URL: copyrightandtechnology.com

Written By: Mukesh Dosad