Copyright in The Digital Age

ABSTRACT

Intellectual Property Rights (IPR) represent intangible assets that grant exclusive privileges to inventors and creators for their valuable innovations and creations. In the era of globalization, IPR has become central to global trade dynamics and livelihoods around the globe. These rights foster an environment conducive to innovation by providing both recognition and financial incentives to creators and inventors. Conversely, a lack of awareness and ineffective enforcement of IPR can hinder economic, technological, and societal progress within a nation. Therefore, spreading knowledge about IPR and ensuring its proper application is crucial for any country. This paper examines various aspects of IPR, including patents, trademarks, industrial designs, geographic indications, and copyrights, along with their associated regulations, needs, and roles, particularly in the context of India. Additionally, it provides an overview of India’s engagement in global IPR activities.

INTRODUCTION:

In earlier times, the threat of losing one’s original artistic creations, research papers, literary works, and musical compositions was virtually non-existent due to the absence of effective duplication methods. The production of duplicate copies required substantial machinery, financial resources, and manual labour. Before the advent of the printing press in the fifteenth century, scholars, authors, and publishers were largely free from the concerns of unauthorized reproduction. The revolutionary invention of the commercial printing press by Johannes Gutenberg in Germany transformed this landscape. When Gutenberg’s invention reached Rome and Italy, it facilitated the widespread dissemination of religious texts like the Bible. This innovation marked the emergence of copyright concepts in Italy during the 1460s, setting the stage for modern intellectual property protection.

In today’s digital age, the challenges surrounding copyright are escalating as computer programming and hacking become more accessible and cost-effective. With numerous applications being developed using exclusive codes and programming languages, protecting these innovations through copyright has become increasingly crucial. The rapid advancement of technology and artificial intelligence intensifies the competition, highlighting the need for robust copyright safeguards for content creators, artists, programmers, coders, and application developers. This article will delve into the intricacies of copyright protection, explore the implications of copyright infringement, and outline the legal framework and procedures for addressing and remedying such violations.

Top of FormIn the wake of rapid advancements in digital technology, safeguarding creative works has become a pressing challenge. Today, protecting a wide range of intellectual property—ranging from computer programs, algorithms, and databases to online courses, films, music albums, recipes, blogs, and podcasts—has become increasingly complex. Unlike the fourteenth century, when such concerns were non-existent, our ancestors could not have envisioned the ease with which creative content could be duplicated and disseminated in the twenty-first century. This article explores the contemporary issues surrounding copyright infringement in our digital age and delves into the strategies and measures necessary to protect intellectual property in an era of unprecedented technological growth.

WHAT IS COPYRIGHT:

The TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights), established in 1995, recognizes copyright as a fundamental aspect of intellectual property. The term “copyright” was first coined in the Oxford English Dictionary as “Copier of words,” reflecting its origins in the realm of artistic, literary, and dramatic creations. However, as technology and artificial intelligence have advanced, the scope of copyright has expanded significantly. Today, it plays a crucial role in safeguarding not only traditional works but also computer codes, software programs, and programming languages, highlighting its evolving importance in the digital age.

In India, the framework for copyright is outlined in the Copyright Act of 1957, which was later updated by the Copyright (Amendment) Act of 2012. According to Section 14 of this Act, copyright represents a set of exclusive rights granted to the creator of an original work. These rights encompass the ability to reproduce, publish, broadcast, and authorize the sale, rental, and distribution of the work. This legal protection extends to a diverse range of intellectual and creative outputs, including literary works, musical and sound recordings, photographs, dramatic and cinematic productions, artistic creations, sculptures, manuscripts, software, computer codes, videos, and graphic arts. While these protections apply to both offline and online creations, they do not cover works generated through artificial intelligence. Essentially, copyright provides a ‘bundle of rights’ to the creator, safeguarding their creative contributions.

 India, the Information Technology Act of 2000 serves as the regulatory framework for issues related to cybercrimes, data manipulation, and various aspects of information technology, including digital signatures and digital lockers. Section 2(o) of this Act defines “data” as any information, fact, process, knowledge, or instruction entered into a computer system to optimize its utility for the individual managing it. Data can be organized in numerous formats such as tables, spreadsheets, graphs, or records, all of which facilitate meaningful use for the end user. Whether belonging to a company, an individual, or a government entity, such databases require stringent protection to safeguard privacy and are susceptible to piracy.Bottom of Form

Both the Berne Convention of 1971 and the TRIPS Agreement of 1995 emphasized the importance of extending copyright protection to computer programs, encompassing software, code, and other digital assets associated with the Internet. These international treaties recognized the need to safeguard these modern creations against unauthorized use, reflecting the growing significance of digital and technological innovations in the global economy.

In India, databases do not have a distinct legal category for protection; instead, they fall under the broader scope of computer programs within the Copyright Act. This approach can complicate the assessment of a database’s originality and authenticity. In contrast, the United States addresses database protection through the Digital Millennium Copyright Act (DMCA), while Europe offers specific legal safeguards for databases under the European Commission Directive.

In the 21st century, the global landscape has swiftly evolved from the industrial frameworks established during the Industrial Revolution to a new era dominated by information technology and digital platforms. This transformation signifies a shift beyond merely the Digital Age, warranting a more fitting designation: the Digital and Information Age.

WHAT IS COPYRIGHT INFRINGEMENT

The basic meaning of “infringement” is to illegally reproduce, broadcast, display, or use the work of others for which no authority is given by the copyright holder. 

Consider a scenario where a web programmer created a piece of code during his research, intended for a new literary project. Unfortunately, while he was away, the code was stolen from his laptop. Subsequently, the same code was replicated verbatim by his employer’s company and released as a game on their proprietary app. In this case, the company has committed copyright infringement, as the programmer, the true owner of the copyright for the code, was deprived of his exclusive rights and the unauthorized use of his work.

Here’s an example of a situation that does not constitute copyright infringement: An employee at a software development firm creates backup copies of newly developed software for storage in the company’s secure vault. This precautionary measure is part of the company’s internal policies to safeguard against potential data loss from server malfunctions. Since these backups are made by company regulations and are intended solely for internal preservation, they do not violate the company’s copyright on the software.’

Sections 51 and 52 of the Copyright Act, of 1957, offer crucial insights into copyright infringement. Section 51 enumerates the specific instances where copyright infringement occurs, detailing the various forms of unauthorized use. Meanwhile, Section 52 outlines an extensive array of exceptions and permissible actions that do not constitute copyright infringement, providing clarity on what is legally acceptable.

In the rapidly evolving digital era, copyright infringement has become alarmingly easy and inexpensive, with pirated content often matching the quality of the original. Content creators struggle significantly with combating the illegal distribution of pirated materials, such as movies, e-books, music, games, and databases. This not only results in substantial financial losses but also undermines the considerable effort invested in research and development by the rightful owners. As a consequence, unethical practices proliferate, driven by the pursuit of quick and illicit gains.

MODERN APPROACHES TO COPYRIGHT ON DIGITAL PLATFORMS WORLDWIDE

As technology has progressed—from the advent of the printing press to the emergence of photocopiers, scanners, cameras, the World Wide Web, and mobile apps—it has become increasingly straightforward, convenient, and cost-effective to violate the copyrights of creators of software, code, programs, digital media, and applications.

Globally, there is mounting anxiety about the widespread duplication of pirated content and its effortless distribution online. This section will provide an overview of the mechanisms that have been developed, from historical to contemporary times, to address these concerns.

EFFORTS OF INDIA TO PROTECT DIGITAL COPYRIGHT

In contrast to Europe and America, India recognized the importance of copyright protection relatively late. The Copyright Act of 1957 was the country’s first significant legislative effort in this area, but it was fraught with ambiguities and complexities. However, as global standards evolved with advancements in digital technology, India adapted its laws accordingly, aligning itself with international copyright practices.

The Copyright Act of 1957 has undergone several significant amendments to address evolving needs. Key updates include the 1994 Amendment Act, which introduced protections for computer software and advanced communication media such as broadcasting and telecasting. The 1999 Amendment Act aligned Indian law with the TRIPS Agreement, enhancing protections against unauthorized exploitation to safeguard creators’ original works. Additionally, the Copyright Amendment Act of 2012 was adopted to harmonize with WIPO’s “Internet Treaties,” ensuring fair use provisions for digital media and technology.

The Copyright Amendment Act of 2012 serves as the principal legislation for copyright law in India. Nonetheless, it is complemented by other important legal frameworks. The Information Technology Act of 2000 and the Indian Penal Code also include provisions that address various aspects of copyright issues.

INFORMATION TECHNOLOGY ACT, 2000

The Information Technology Act of 2000 (IT Act) is an extensive piece of legislation that covers a broad spectrum of issues related to information technology and cybercrime. This Act plays a crucial role in the digital landscape, and it contains several provisions that are pertinent to copyright law. Specifically, it addresses issues such as the regulation of electronic records, the legal status of digital signatures, and the handling of cyber offenses, all of which have implications for copyright protection and enforcement. Through its framework, the IT Act complements and enhances the legal mechanisms available to safeguard intellectual property in the digital realm.

• Section 420 – This section makes it an offense to cheat or deceive someone. This provision has been used to prosecute people who have sold pirated copies of copyrighted works.
• Section 465 – This section makes it an offense to forge or counterfeit a document. This provision has been used to prosecute people who have produced unauthorized copies of copyrighted works.
• Section 471 – This section makes it an offense to possess stolen property. Those found in possession of pirated copies of copyrighted works have been prosecuted under this clause.

The Information Technology Act of 2000 has detailed rules for a number of cybercrimes, including hacking, copyright infringement, piracy, and others.

The Digital Millennium Copyright Act (DMCA) of the USA outlines the legal procedures for internet service providers to file complaints regarding cybercrimes. India has incorporated aspects of this legislation into its legal framework to enhance the enforcement and protection of digital content creators, thereby introducing stricter measures for safeguarding intellectual property in the digital space.

The Copyright Division of the Department of Education, within the Ministry of Human Resource Development, introduced the Copyright Rules of 2013. These rules established comprehensive procedures for licensing, registration, storage, and infringement protection for literary, musical, and software works, including those by performers. Subsequent amendments were made in 2016 and again in 2021. The Copyright (Amendment) Rules of 2021 enhance transparency and accountability by implementing improved cybersecurity measures. As digital advancements have led to increased online activity across ministries, including the availability of government reports and data, the updated rules ensure more rigorous enforcement. They also streamline the electronic management of licensing fees, royalty distribution, and fines, reinforcing the protection of copyrights in the digital age.

CONCLUSION

The digital industry is evolving rapidly, with advancements in robotics and artificial intelligence increasingly shouldering tasks traditionally performed by humans. This shift is challenging traditional notions of content originality, complicating the copyright enforcement process. To address these issues, those dedicated to intellectual property rights (IPR) protection must adapt swiftly, creating standardized processes and adopting effective safeguards. As globalization via the internet blurs national boundaries, the need for cohesive international protection measures becomes more pressing. Similar to the World Copyright Treaty’s provisions on Technological Protection Measures (TPMs) and Rights Management Information (RMI), countries and organizations globally must develop more precise strategies to combat piracy, duplication, unauthorized broadcasting, distribution, and circulation of copyrighted material. Techniques such as digital watermarking, content access restrictions, single-use CDs, and direct software installations need to be implemented more effectively by digital content creators, with IT experts continuously innovating new methods. Copyright laws must be tightened with stricter penalties and fines. Emphasis should be placed on preventive measures over punitive actions, although severe consequences should remain for persistent infringers

REFERENCES

1. Ministry Of Electronics and Information Technology, it (Intermediaries guidelines and Digital Media Ethics Code) Rules, 2021, G.S.R. 139(E). (August, 1, 2024),
2. “Intellectual Property.” Wikipedia, (August 2. 2024)
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4. The Indian Copyright Act,1957
5. Patent Act,1970