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Navtej Tyagi, Navjot Tyagi,
Babu Banarasi Das University, Lucknow
INTRODUCTION:
“Copyright law is too confusing”
~Adam F. Goldberg
In the present world of super-fast technology copyright protection faces a multiple of challenges. From online piracy to unauthorized content sharing, enforcing copyright laws can be a super tedious task. In this article, we will explore the key challenges in copyright protection in the digital era and discuss potential ways to ensure a balance between access and protection. Let’s dive in.
LET’S DIVE INTO THE MEANING OF COPYRIGHT:
Section 14[i] of the Copyright Act, 1957 (14 of 1957) gives the meaning of copyright.
Copyright is a kind of intellectual property which gives its owner the exclusive right to copy, distribute, adapt and display. In literal words, the creator of the work can authorize anyone to reproduce the work.
COPYRIGHT CHALLENGES IN THE DIGITAL AGE:
In today’s digital era, copyright protection faces numerous hurdles and obstacles. Let’s explore some of the key challenges that arise in safeguarding intellectual property[ii]:
1. ONLINE PIRACY: Online piracy, which includes software piracy, is the illegal sharing of copyrighted content without authorization. It undermines the rights of the creators and hampers their ability to monetize their work.
Examples of pirated software include Adobe products and Microsoft Office.
2. EXTREMELY EASY DISTRIBUTION AND REPRODUCTION: In today’s digital age users can easily copy and share copyrighted content without permission by making just a few clicks.
3. RAPIDLY EVOLVING TECHNOLOGY: With the rapid advancement in technology it has become simpler to modify and alter copyrighted content by using means like artificial intelligence and block chain.
4. SEVERAL OBSTACLES IN ENFORCEMENT OF COPYRIGHT LAWS: It is very difficult to find out and take measures against copyright transgressors, especially when they are out of the jurisdiction of a country.
5. MAINTAINING EQUILIBRIUM: Equilibrium is to be maintained between safeguarding copyright and permitting access to information and expression. This is a hectic task, especially in present scenario where access to everything is very easy.
INNOVATIVE SOLUTIONS FOR TODAY’S CHALLENGES:
1. EDUCATION AND AWARENESS: Imparting high-quality education and spreading awareness regarding respecting intellectual property is one of the most efficient means to avoid unauthorized copying of the digital content.
2. DIGITAL WATERMARKS: Incorporation of digital watermarks into your digital content can serve as a deterrent against piracy and enhance the protection of one’s online creations.
3. TECHNOLOGICAL INNOVATIONS: Technological innovations like watermarking, fingerprinting, and content recognition aid infringement detection.
4. FAIR USE GUIDELINES: Proper and effective guidelines must be used while using copyrighted material in different sectors like education, transformation and commentary to provide definite boundaries.
5. COPYRIGHT REGISTRATION: The registration of copyright is not mandatory, however registering one’s copyright can aid in establishing ownership of one’s work more efficiently.
6. COPYRIGHT NOTICES: The copyright symbol, creation year , and name must be employed to signify the protected status of one’s work.
7. CLEAR CONTRACTS: Precise delineation of ownership and rights when sharing one’s work with other user, whether through licensing agreement or permission for reproduction must be fairly ensured.
8. VIGILANT MONITORING: Consistent monitoring of the use of your work is essential to promptly identify and address any unauthorized utilization.
LEGAL PROVISIONS:
1. The Copyright Act, 1957:
It offers legal protection to original works, which includes digital content. It defines the rights and responsibilities of copyright owners and provides remedies for infringement.
For example: Section 63[iii] of The Copyright Act, 1957 deals with offenses of infringement of copyright or other rights conferred by this Act.
2. The Information Technology Act, 2000:
It covers cybercrimes, including copyright infringement. It specifies penalties for offenses like hacking, piracy, and illegal file sharing.
For example- Chapter XI of The Information Technology Act, 2000 deals with offenses and contains provisions that grant punishment for such offenses.
3. The Bharatiya Nyaya Sanhita, 2023:
It contains provisions regarding copyright infringement, such as the penalties for invalid actions such as copying and distributing copyrighted material without sanction.
4. The Copyright Rules, 2013[iv]:
The Indian copyright rules offer valuable guidelines for copyright registration, licensing, and enforcement. They detail procedures for registering copyrighted materials and filing complaints for copyright infringement.
IMPORTANT CASE LAWS:
Case: Tips Industries Ltd. v. Wynk Music Ltd[v]-
The Bombay High Court ruled that music streaming platforms like Wynk Music must obtain a license from copyright owners before streaming their works. This highlights the need for platforms to seek explicit permission from copyright holders, in addition to any statutory licenses they may have.
Case: Chancellor Masters and Scholars of the University of Oxford v. Rameshwari Photocopy Services[vi]
The Delhi High Court rendered a verdict stating that the act of photocopying sections of academic publications to create course packs for students does not constitute copyright infringement. This ruling establishes the legal position that such activities are permissible under copyright laws.
Case: State Govt. of NCT of Delhi vs. Naresh Kumar Garg[vii]
The Court ruled that the offence under Section 63[viii] of The Copyright Act, 1957 is non-bailable and cognizable. The court even emphasized the seriousness of copyright infringement as a cognizable offence, indicating the need for proper evidence collection by the police.
INTERNATIONAL TREATIES AND CONVENTIONS PROTECTING COPYRIGHT IN THE DIGITAL DOMAIN
1. THE WORLD COPYRIGHT TREATY, 1996 (WCT) :
The World Copyright Treaty of 1996 is an international agreement which safeguards digital works. It grants additional economic rights and ensures a minimum 50-year protection. It recognizes the importance of safeguarding computer programs and data compilations.
2. THE WIPO PERFORMANCES & PHONOGRAMS TREATY, 1996 (WPPT):
This Treaty safeguards performers and producers of phonograms in the digital realm. It grants economic rights such as distribution, rental, and communication to the public for performers, and reproduction, distribution, rental, and making available for producers. It guarantees a minimum 50-year protection for them.
CONCLUSION:
Wrapping up, copyright protection is very important in today’s digital era since it poses both threats and opportunities. By implementing tools like digital rights management and educating users on copyright laws these challenges can be easily addressed and it shall there by assist in promoting responsible use of copyrighted materials. In conclusion we can say that that is is extremely important to strike a balance between access and protection to foster creativity and innovation in the digital age.
REFERENCES:
[i] The Copyright Act, 1957 §.14, Act No. 14, Act of Parliament 1957(India).
[ii] Nikhil Bharadwaj, Copyright Protection in the Digital Age: Challenges and Solutions, Legal Service India E- Journal, https://www.legalserviceindia.com/legal/article-10639-copyright-protection-in-the-digital-age-challenges-and-solutions.html#google_vignette (last visited on Feb 11, 2024).
[iii] The Copyright Act, 1957 §.63, Act No. 14, Act of Parliament 1957(India).
[iv] Nikhil Bharadwaj, Copyright Protection in the Digital Age: Challenges and Solutions, Legal Service India E- Journal, https://www.legalserviceindia.com/legal/article-10639-copyright-protection-in-the-digital-age-challenges-and-solutions.html#google_vignette (last visited on Feb 11, 2024).
[v] AIRONLINE 2019 BOM 1452.
[vi] (2016) 16 DRJ (SN) 678.
[vii] 2011(46) PTC11A(Del)
[viii] The Copyright Act, 1957 §63, Act No. 14, Act of Parliament 1957(India).
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