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EMERGING TRENDS IN DIGITAL COPYRIGHT LAW

INTRODUCTION

Innovation is an essential factor for the very existence of humankind. Innovation can be interpreted as the introduction of something which is new and is meant to cater to the necessities present in every sphere of our lives in a much convenient way. Thus, it is the need of the hour to keep inventing and keep evolving but, there must be some regulatory mechanism or an unbiased regulatory body to protect the intellectual interests of private individuals and also to keep a check on the notorious illegal activities of stealing or copying other person’s innovations. Hence, we can conclude the prerequisite required to form Intellectual Property Rights for commercial goodwill and consistent growth of the human race. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is the most elaborate, detailed, and comprehensive multilateral agreement on Intellectual Property. It plays a vital role in facilitating trade in creativity, imagination, and knowledge in resolving trade disputes over IP. IP is the system term for manifestations of mind and for business altruism that can be secured by law. As to precisely what ought to be secured by IP, laws vary from one country to another depending upon the understandings of IP systems. When it comes to the connection between law and technology, the best example is copyright. Digital media essentially affects the creation, spread, and insurance of copyright works. Manipulation, generation, and dissemination of secured works have all become a lot easier because of digitization. Computerized works, in contrast to simple works, can be circulated employing advanced transmission rather than air, land, or ocean transportation and any sort of work could be made accessible in advanced structure on an electronic organization or series of organizations that are available around the world, because of advanced transmission. Copyrights in India are demonstrated by the Copyrights act of 1957. It is a heap of rights comprising economic rights and moral rights. Economic privileges can be moved and moral rights stay with the makers and after that, to their lawful representatives.

DIFFICULTIES AND ISSUES IN DIGITAL COPYRIGHTS

The advent of technological innovations introduced new snags to existing copyright[1] enactment, as the resolution was set up mostly in the print media framework, which at last changed its defensive attempts to cover imaginative works, canvases, representations, figures, and later even spread to photography and film. The simple methodology of materials accessible on the web has established an extraordinary worry for copyright encroachment. To make the computerized cultural document forward, the deep-rooted laws and their key standards in intellectual property law must be reemerged. With the increment in the utilization of the web, the specialized copiers or recorders made advanced records openly usable, which may prompt work abuse opposite to a free progression of data in the public eye, when the creator loses all power as this computerized record is placed in the public area on the web. Programming piracy is one of the significant explanations behind copyright infringement. It includes unapproved replicating, dispersion, leasing, selling off equipment machines with pre-introduced pilfered programming, of protected programming. The progression of innovation has made it simpler for the normal individual to convey, circulate, and repeat works. Digitalization has made it fundamentally more straightforward to fabricate indistinguishable duplicates and appropriate them in a small part of the chance to a populace of millions scattered over tremendous distances. A few difficulties have represented a threat to the freedoms of copyright holders. With the appearance of the web-based media, the infringement is expanded as individuals appear to trust that everything, they share on the web comes with no expense. Copyright encroachment happens when somebody re-posts and claims responsibility for copyright-ensured work. Utilizing content from online media stages without crediting the creator is difficult for web-based media content producers. A few measures are there to control this issue yet, the issue stays alive.

INTERNATIONAL TREATIES AND AGREEMENTS OVER INTERNET

Nations all through the globe have helped with the conservation of licensed innovation by reacting agreeably to worldwide agreements consistently. These agreements give essential guidelines of assurance, and every signatory country fuses these prerequisites into its homegrown enactment as per them. The Rome Convention was endorsed in 1961, and it widens the extent of the Berne Convention by guaranteeing the privileges of entertainers, makers, and others, just as securing scholarly, creative, and cinematographic works. The initial move toward copyright security was cultivated at Berne in 1886 when the nations marked the Berne Convention. The Convention endeavors to safeguard artistic and imaginative works, just as the privileges of essayists. It set up insignificant measures of assurance and worked under three standards: the idea of public treatment, the arrangement of programmed insurance, and the possibility of defensive freedom. WIPO needed to adopt an innovative concessional strategy towards non-industrial nations since patent gives the maker syndication which will prompt extreme costs disincentivizing non-industrial countries. Created nations contended that they would not have the option to concede restraining infrastructure on everything. Member nations of WIPO perceived the requirement for a deal to address the insurance of copyright as new advancements developed. It is a particular course of action under the Berne Convention that endeavors to protect copyright and creator freedoms in an advanced setting. As opposed to the Excursions arrangement, the WCT understanding covers both item code and source code as PC programs. The settlement likewise asserts authors’ freedoms to appropriation and leasing, just as giving a more prominent right to public communication. The recent Copyright (Amendment) Act, 2012 is aimed to secure the art of the creators and copyright proprietors from unlawful use.

Various salient features of the Copyright (Amendment) Act, 2012 are described below:-

  • Section 17 (Commissioned Works and Works under Contract of Employment): As indicated by Section 17 of the act, the creator is the main proprietor of copyrights in a work except if such work is charged by someone else or is made under an agreement of administration or business, wherein the business or the individual dispatching the work is the proprietor. A production house won’t possess the copyrights made by its representatives throughout its business. Indeed, even where a formerly authorized work is utilized in a cinematograph film, there is a reversion of rights to its creator.
  • Section 18 (Assignment of Copyrights): Under the first Copyright Act, the creator of a scholarly, imaginative, or musical work could allot the copyright to the makers for consolidation in a film. Such a task could comprehensively be for both current and future methods of double-dealing.
  • Section 33 (Copyright Societies): With the Amendment, even the proprietor of abstract, dramatic, or musical works consolidated in a film should give licenses for abuse of such works through a copyright society. Further, the enlistment of a copyright society is made legitimate for 5 years and is sustainable consequently.

CASE LAWS IN INDIA

  • Super Cassettes V. Prime Cable Network[2]

The plaintiff had a business of creation and promotion of tapes and Albums and creation and dispersion of movies. Litigant was a major link network organization of Uttarakhand. The offended party was the copyright holder of a few movies and songs in Hindi and other local dialects. They used to give this content on licenses to different Television stations and radios. Offended parties battled that Respondent had imparted crafted by the Offended party to the general population by communicating the tunes and the verses and general media portrayal on its link network with next to no approval from the Offended party. The Offended parties examined their part and recorded the content being displayed on their channel which was created as proof in the court. Court gave the judgment against the respondents and requested damages to offended parties.

  • UTV Software Communications Ltd. V. 1337X[3]

In this case, it was found that the content infringer is by no chance not quite the same as the physical infringer there is no clarification with regards to why wrongdoing in the actual world is certifiably not a crime in the computerized world, particularly because the Copyright Act makes no such differentiation.

CONCLUSION

The punishments against the encroachments are extremely insufficient and don’t make discourage the personalities of the infringers. Advanced copyright isn’t the same as non-virtual copyright. Virtual information and innovation are spread across the globe and a different enactment is of most extreme significance for content copyright. In India, the digital copyright is kept on a similar balance with the other copyright when the computerized copyright is effectively inclined to Encroachment and unapproved use. Clients ought to likewise be wary with regards to the creator’s inventiveness while buying content. Given the current conditions, when buyers get fairly much better quality material at a lower cost, they are less worried about uniqueness and acknowledge the things.

Author(s) Name: Pranav Anand (Guru Gobind Singh Indraprastha University)

References:

[1] Mondaq: Connecting knowledge and people, https://www.mondaq.com/india/copyright/1068006/emerging-trends-in-digital-copyright-law (last visited May 12, 2021).

[2] CS(COMM)-594/2016

[3] 2019 SCC OnLine Del 8002