Published On: 10th October, 2024
Authored By: Arko Saha
ADAMAS UNIVERSITY
INTRODUCTION:
The issue of reproducing data without the owner’s consent is becoming increasingly important to comprehend. This is especially true as the world has become more digitised. Nearly all data is stored on computers or other similar platforms. It is essential to understand the laws in our nation that govern this matter. We must also consider the consequences of such actions. The main goal of instituting intellectual property laws in our nation was to protect the rights of creators. This includes those who create artistic, literary, or musical works. These laws aim to prevent others from copying and passing off their creations as their own. Once digital technologies were developed, this problem grew significantly. It is now simple to duplicate digital content. This includes databases, software, and programs. The Indian Copyright Act of 1957 was amended in 2012. The amendments included new provisions that penalise both technological copyright infringement and the rights of digital content owners. These changes were made in response to such considerations.
COPYRIGHT:
According to the World Intellectual Property Organization (WIPO), copyright is a legal term used to describe the rights that authors and artists have over their literary and artistic creations. Copyright refers to laws in any nation that offer legal protection to authors of “original works of authorship.”. These creative works may include plays, songs, novels, artwork, or other intellectual projects. Even unpublished works are covered by this protection. “The sole authority to publish, sell, etc. The dictionary defines copyright as “of a work of art or literature.”. According to the Copyright Office, the laws of the United States of America offer a type of protection known as copyright (Title 17 U.S. Code) to writers of “unpublished literary works.”. “. This protection extends to other creative expressions, such as music, art, and poetry. It encompasses both published and unpublished works. The two main goals of the copyright system are to (i) promote the production of artistic works by gifted individuals; and (ii) offer incentives in order to achieve this goal.
TYPES OF COPYRIGHT WORKS :
To keep up with changing times numerous modifications were made to the Copyright Act through the Amendment Act of 1994. This became effective in May 1995. Copyright Law provided protection for the following classes as works[1]:
LITERATURE WORKS: Published or written works are referred to as literary works. A computer program table, and compilations including capture databases are included in the definition of literary works.
DRAMATIC WORK : Any recitation choreography, entertainment dumbshow, scenic arrangement, or acting form that is fixed in writing or another medium is considered dramatic work. This excludes cinematograph films.
MUSICAL WORK : Paintings, sculptures, and drawings—including diagrams, maps, charts, and pain—are considered musical works of art. An engraving or photograph, regardless of whether the latter exhibits fine craftsmanship or not also falls under musical work.
ARTISTIC WORK: A printing sculpture, drawing (including a diagram map, chart, or plan), engraving, or photograph is considered artistic work. This holds true regardless of whether it exhibits artistic craftsmanship.
CINEMATOGRAPH FILMS: Any visual recording on any medium that is created using a process that allows for the production of a moving image by any means. It includes a sound recording to go along with it.
SOUND RECORDING: Sound recording is the process of recording sounds. This occurs regardless of the medium on which the recording was made. It also includes techniques used to produce the sounds.
DATABASE:
A database is a group of data that has been organized methodically. It makes information retrieval simple and effective. Usually, it is available electronically[2]. A database must be distinguished from a database system. The latter is also referred to as a database management system. This is a computer program or piece of software that manages the database. It’s crucial to remember this distinction when analyzing what data is protected in a database. A representation of information, knowledge facts, concepts or instructions in text, image audio, or video is being prepared. It may have already been prepared in a formalized manner. This was created by a computer computer system or computer network. A computer database is often viewed as a collection of records. Each record contains one or more fields. These fields concern a particular entity such as an individual, group place, thing artwork, formula substance, or DNA sequence.
Name, address, phone number, date of hire, position, and salary are a few examples of fields that could be found in a database about people who work for a company. Databases are protected as literary works under India’s Copyright Act 1957.
COPYRIGHT PROTECTION OF DATABASES :
Literary works are defined as “computer programs, tables, and compilations including computer databases” under Section 2(o) of the Copyright Act of 1957. Databases are protected as “literary works” under Section 13 (1) (a) of the Indian Copyright Act 1957, which states that original literary, dramatic, musical, and artistic works throughout India are protected by copyright.
A minimum of three years and a minimum of six months in prison are the penalties stipulated in Section 63B of the Indian Copyright Act for anyone who knowingly uses an infringing copy of a computer program on a computer. For a second or subsequent conviction punishments include a minimum sentence of one year in jail. A maximum sentence of three years is also imposed, as well as fines ranging from $2500 to $5,000.
The minimum fine is approximately $1250. The maximum fine is approximately $5,000. The Indian courts acknowledge copyright in databases which is relevant to note here. As per the Copyright Act, a person’s compilation of a list of clients or customers that they have developed by investing their time, money, labor, and skill is considered literary work and entitled to copyright. Because of this outsourcing parent entity may also be able to pursue legal action under the Copyright Act if there is any database-related infringement. Section 2(o) of the Information Technology Act, 2000 defines “data” as a presentation of knowledge facts, concepts, information, or instructions that are being prepared or have already been prepared in a formalised manner. This data is meant to be processed in a computer computer system, or computer network.
Data can take on any form including punched cards, computer printouts, magnetic or optical storage media, or any combination of these. The Information Technology Act 2000, Section 43 explanation (ii) defines the term “computer database” for the first time in the Indian Legal System. It is a representation of knowledge, facts, concepts, or instructions in text image, audio, or video data. This data is being prepared or has been prepared informally. It can also be produced by the computer, computer system, or computer network. The data is intended for use in the computer, computer system, or computer network. The Information Technology Act of 2000, specifically section 43 stipulates that any person who obtains access to a computer, computer system, or computer network without the owner’s or manager’s permission may be compensated up to one crore rupees. This compensation can be given to the aggrieved party. It occurs if they secure access to the system, download data copy, or extract any data or database or information from the related computer system, or computer network.
Computer Software/program:
Almost single-handedly changing technology and network space the introduction of computer systems opened up a whole new era of technological innovation. Software and hardware are the two operating platforms that power any computer. As laypeople, we can conceptualize software as an intangible component. Hardware is the tangible component. Each of these components has distinct intellectual property granted to them separately. Since these hardware components primarily relate to physical devices they frequently qualify for protection under national patent laws. Examples include computer systems or computer components like disk drives. Memory chips, bus architectures, and monitors also qualify. Computer accessories like a better-built keyboard are also eligible for patent protection. Nonetheless the majority of laws pertaining to Intellectual Property (IP) Rights—that is, the ownership of software’s IP rights—remain ambiguous and complex. Any type of intellectual property rights aim to compensate for originality, creativity, and novelty for uniqueness and innovation-enhancing effects that they have on their creators.
Copyright Protection of Computer Software/Program:
Computer software’s intellectual property rights (IPR) are protected in India by Copyright Law. Consequently, computer software copyright is safeguarded by Indian Copyright Act 1957. The Indian Copyright Law underwent significant modifications in 1994. On May 10, 1995, those changes became operative. India now has some of the strictest copyright laws in the world thanks to these modifications. The June 1994 amendments to the Copyright Act were groundbreaking developments in the Indian copyright landscape. For the first time in India, Copyright Law clearly explained:
- The rights of a copyright holder
- Position on rentals of software
- The rights of the user to make backup copies
The main features of the law are as follows-
- It is prohibited by this Act’s Section 14[3] to make or distribute copies of copyrighted software without appropriate or particular permission.
- Both criminal and civil laws may be used to try an offender.
- For injunction actual damages including the violator’s profits, statutory damages per infringement, etc., a civil or criminal action may be filed. Penalties and fines for software copyright infringement are severe.
- A minimum of seven days in jail is required by Section 63 (B). This term may be increased to three years. According to Section 2(ffb) an “information processing device” is any electronic or comparable device. Section 2(ffc) defines “computer program” as a set of instructions that can be used to program a computer to carry out a specific task or produce a specific outcome. These instructions can be expressed in words, codes schemes, or any other form including a machine-readable medium. According to Section 2(o) computer programs, tables and compilations including computer databases, are considered “literary works.”[4]
COPYRIGHT CHALLENGES IN THE DIGITAL ENVIRONMENT:
Digital information is being captured, processed and produced at an increasing rate these days. The ability to copy digital content almost instantly, for free and without sacrificing quality makes it less appealing to authors and distributors when it’s available in digital format. Current legislation does not address the complexities of computer-based networked systems. This leads to many grey areas. It is a major issue in electronic publishing. Strict enforcement of the law as it currently exists may in certain circumstances even lead to harsh regulations. These regulations negate the benefits that come with technology. It is possible, of course, to reinterpret the law as it applies to intellectual works in a digitally networked environment. Organisations lack permissions and intellectual property rights for the materials they own. Requests for permission to use certain materials start as soon as they are chosen. Obtaining copyright permissions is one of major issues with developing digital libraries
INTERNET:
Images, graphics, news e-books, videos and much more can be found on the internet with various levels of copyright protection. Most users are under the mistaken impression that anything in the public domain on the internet can be copied. The Internet is decentralised. Because of this anyone can share a work in cyberspace indefinitely through a variety of outlets. This makes it more challenging to identify whether a work is a copy or duplicate of a protected work. This leads to widespread piracy. Billions of dollars are thought to have been lost globally as a result of pirated software, music and books. In certain ways users of the Internet pose a problem for copyright holders. They spread other people’s copyrighted content widely. This upsets the balance between users and authors. Cyberspace has made everything so accessible. Copyright violations can be made by the user by just making a few clicks in the process of copying the data. Following are some actions which cause copyright infringement in cyberspace:
DOWNLOADING AND UPLOADING:
Software and files can be downloaded onto a computer’s hard drive via the internet. This is another method of copying data or work that is accessed online. There are occasionally limitations on downloading work. Failing to abide by them can result in infringement or even criminal charges. It is also illegal to copy audio or video file via businesses engaged in peer-to-peer (P2P) file sharing of digital music
DERIVATIVE WORKS:
A work that is created by combining two programs or databases to produce new work is referred to as derivative work. Copyright is violated when original works are used in derivative works without author’s consent
HOTLINKING:
Copyright violations can also result from displaying images online and linking to the original host website. It’s important to understand the implications. Many people do not realise that merely sharing images can lead to legal issues. The act of attribution does not always protect against violations. Furthermore many assume that if an image is publicly available it can be freely used. However, this is not the case. Awareness of copyright laws is crucial in avoiding potential legal troubles
MULTIMEDIA:
Multimedia is a collection of artistic, literary, musical and dramatic works. It is generally defined as work that consists of multiple components. These components include sound, images, still or moving and texts. Multimedia works are difficult to classify under intellectual property laws. Most new works are copies of original work. They often contain elements of original work as well. The Indian Copyright Act does not define multimedia. However, works such as computer programs and literary works may be protected under copyright laws. Cinematographic films also receive protection under these laws. The copyright laws have different definitions and rights for each of these types of works. Therefore, the question of using separate copyrights may arise. When it comes to copyright, multimedia is seen as the most susceptible element[5].
SOCIAL MEDIA:
Social media is another area of vulnerability where copyright protection is seriously jeopardised. Social media provides a global platform for connecting its users. People frequently misuse the contents of social media. It is so easily accessible to everyone. Sharing videos photos and a variety of other contents is simple
DIGITAL COPYRIGHT: A BUDDING TREND
The Delhi High Court observed that it is illogical to differentiate between crimes committed online and offline. There is no distinction of this kind in the Copyright Act. The court concluded that there is no distinction between copyright infringement in the physical world and digital copyright infringement[6]. In a different instance, the Delhi High Court provided protection against copyright infringement for the plaintiff and copyright owner. It made it illegal for defendants to make copies online. They are unable to host any cinematographic productions or shows or distribute streams[7]. The John Doe Order is a creative concept. To reduce electronic piracy, Indian courts have welcomed it. Under the Information Technology Act of 2000, it is illegal to distribute works that are copyright protected online without authorization. Additionally, this act specifies a fine and jail term. Not too long ago, the Copyright Act was changed. The Act that followed, the Copyright Amendment Act of 2012, improved the act’s compatibility with safeguarding copyrighted content online.
THE FUTURE OF COPYRIGHT IN INDIA :
The Indian copyright regime is anticipated to change with the addition of anti-circumvention and rights management information provisions. Nevertheless, these modifications are not necessary because India is not a signatory to WCT or WPPT. With the 1994 Amendment to the Copyright Act, the situation regarding copyright enforcement in India has improved. On May 10, 1995, this amendment became operative. Medical textbook piracy existed prior to the law’s amendment. This was stated by Bombay’s Popular Prakashan’s Ramdas Bhatkal. We learned that even though the law might be on our side, we couldn’t conduct a search without a court order. This indicated that the pirate had adequate time to defend itself prior to the enforcement of the court order.
So we decided to accept the situation rather than take action. Since the amendments that turned copyright infringement into a crime, it has been possible to use the legal system as a deterrent. Pursuant to Section 64 of the Indian Copyright Act of 1957, “Any police officer not below the rank of sub-inspector may, if he is satisfied that an offence under Section 63 in respect of copyright infringement in any work has been, is being, or is likely to be, committed, seize without a warrant all copies of work, wherever found, and all copies and plates used for the purpose of making infringing copies of work, wherever found and all copies and plates so seized[8].”
CONCLUSION:
The aforementioned two enactments’ provisions demonstrate that India’s copyright laws are sufficiently robust and effective to safeguard concerned party’s copyright. Copyright in its modern sense is also covered. It includes traditional interpretation. Online copyright concerns are therefore sufficiently covered. This occurs albeit not in a clear and explicit manner. Despite the ever-growing obstacles presented by evolving circumstances and cutting-edge technology, the current legal framework can be constructed in a way that sufficiently addresses every facet of copyright. Applying the “purposive interpretation” technique can help with this.
It mandates that current law be interpreted so that justice is served given the facts and circumstances of the case. One major issue facing developing digital libraries is copyright. Regarding the application of copyright in a digital environment the Indian Copyright Act remains silent. The Digital Millennium Copyright Act in the United States has been construed with reference to digital libraries. In Indian context, in order to design one’s digital library one must first obtain permission from the copyright holder under certain conditions that are advantageous to the copyright holder. Materials covered by copyright are safeguarded for a specific amount of time. The public must be able to enjoy those intellectual materials after that time. In the case of India, we now possess a vast collection of priceless literature. It has been passed down to us from antiquity and is available for free
References
[1] Ashok Kumar Upadhyay and MANGALAYATAN UNIVERSITY,ALIGARH-UP (INDIA), “Issue and Challenges of Copy Right in Digital Age: An Indian Perspective” in Monawwer Eqbal and Simmi Khurana (eds), World Education, Issues and Challenges (World Education 2011) <https://www.researchgate.net/publication/301362381>.
[2] “IPage” <http://www.oznetlaw.net/FactSheets/DatabaseProtection/tabid/930/Default.aspx>.
[3] Anup Das, “An Analytical Study of Indian Copy Right Act, 1957 and Copyright Bill 2012” (2015) 04 International Journal of Innovative Research in Science Engineering and Technology 5232 <https://doi.org/10.15680/ijirset.2015.0407027>.
[4] Alok Kumar Yadav, “Copyright in Digital Era,” CHAPTER- I <https://rmlnlu.ac.in/webj/alok_kumar_yadav.pdf>.
[5] “Digital Copyright Law” <https://www.legalserviceindia.com/legal/article-8037-digital-copyright-law.html>
[6] UTV Software Communication Limited v. 1337X.To and Ors AIRONLINE 2019 DEL 773
[7] Disney Enterprise inc. and Ors. V. Kim cartoon and Ors. – CS (COMM) 275/2020 & I.A. No. 6089/2020
[8] Shreya Sahoo, Shreya Sahoo and Legal Bites, “Legal Bites” (Legal Bites, September 21, 2020) <https://www.legalbites.in/remedies-of-copyright-infringement>.
