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A Reflection upon the Digital Copyright Laws in India


Affiliations
1 School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, Delhi-110 078, India
 

In this digital age, where everything is available at one place, to everyone, at all times, the vulnerability of copyrighted works has increased manifold. With high speed internet, peer-to-peer networks, excellent technologies facilitating rapid reproduction without loss of quality, fast and easy dissemination and high density storage devises, the copyright violation is becoming an effortless task. Though the traditional notion of copyright still remains the same i.e., protection from piracy, however, the mode of operation has and is undergoing a systematic change in the wake of technological development. The performance of rights in typical analogous copyright set-up is extremely different from the performance of such rights at digital platform. Further, ubiquity of internet coupled with various technical obstacles has made it extremely difficult for copyright holder to exactly locate and implicate the infringer/s, which in many cases may be located in different parts of the world. Now with the advent of artificial intelligence, creation of copyright subject matter by machines with very less or no human intervention is potentially raising question as to the authorship of such works. It is clear from the history of copyright laws that it has always responded in affirmation to the technological advancements by amending the existing systems to keep in tune with the changes taking place and to combat the challenges threatening its smooth and effective functioning. In this backdrop, this article presents an analysis of the phenomenal impact of digital technologies over copyright regime, its advantages and disadvantages, the protection of rights of copyright holder and the liabilities of intermediaries etc. Further, this article shall also explore the digital copyright laws available in India to combat the myriad challenges posed by the ever advancing digital technology and to find out their sufficiency.

Keywords

Copyright, Digital Rights Management (DRM), Artificial Intelligence, World Wide Web, the Copyright Act, 1957, Internet Treaties, Peer-to-peer Networks, Circumvention Measures, Digital Environment, Digital Library, Internet Service Provider.
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  • Study on Copyright Piracy in India undertaken by the National Productivity Council (NPC) for the Department of Education, Ministry of Human Resource Development, Government of India.
  • Oman R, The new organum: Copyright in the digital age, The Federal Circuit Bar Journal, 9 (4) (2000) 579.
  • Narayanan P, Law of Copyright and Industrial Designs (Eastern law House, Kolkata), 4th ed., 2017, p. 7 (Extracts from Preface to the First Edition).
  • Section 13 read with Section 2(y) of the Copyright Act, 1957.
  • Section 38 of the Copyright Act, 1957.
  • Section 14 of the Copyright Act, 1957.
  • Section 57 of the Copyright Act, 1957.
  • Section 18, 19 and 19A of the Copyright Act, 1957.
  • Chapter VI of the Copyright Act, 1957.
  • Section 52 of the Copyright Act, 1957.
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  • Words/phrases usually underlined or colored differently.
  • Examples are Napster, Gnutella, Kazaa, etc.
  • No. 16-15469 (9th Cir. 2018).
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  • Amended in years 1908, 1914, 1928, 1948, 1967, 1971 and 1979.
  • Article 4 of WCT.
  • Article 5 of WCT.
  • Article 12(2) of WCT.
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  • 236 (2017) DLT 478.

Abstract Views: 231

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  • A Reflection upon the Digital Copyright Laws in India

Abstract Views: 231  |  PDF Views: 140

Authors

Alankrita Mathur
School of Law and Legal Studies, Guru Gobind Singh Indraprastha University, Delhi-110 078, India

Abstract


In this digital age, where everything is available at one place, to everyone, at all times, the vulnerability of copyrighted works has increased manifold. With high speed internet, peer-to-peer networks, excellent technologies facilitating rapid reproduction without loss of quality, fast and easy dissemination and high density storage devises, the copyright violation is becoming an effortless task. Though the traditional notion of copyright still remains the same i.e., protection from piracy, however, the mode of operation has and is undergoing a systematic change in the wake of technological development. The performance of rights in typical analogous copyright set-up is extremely different from the performance of such rights at digital platform. Further, ubiquity of internet coupled with various technical obstacles has made it extremely difficult for copyright holder to exactly locate and implicate the infringer/s, which in many cases may be located in different parts of the world. Now with the advent of artificial intelligence, creation of copyright subject matter by machines with very less or no human intervention is potentially raising question as to the authorship of such works. It is clear from the history of copyright laws that it has always responded in affirmation to the technological advancements by amending the existing systems to keep in tune with the changes taking place and to combat the challenges threatening its smooth and effective functioning. In this backdrop, this article presents an analysis of the phenomenal impact of digital technologies over copyright regime, its advantages and disadvantages, the protection of rights of copyright holder and the liabilities of intermediaries etc. Further, this article shall also explore the digital copyright laws available in India to combat the myriad challenges posed by the ever advancing digital technology and to find out their sufficiency.

Keywords


Copyright, Digital Rights Management (DRM), Artificial Intelligence, World Wide Web, the Copyright Act, 1957, Internet Treaties, Peer-to-peer Networks, Circumvention Measures, Digital Environment, Digital Library, Internet Service Provider.

References