Impact of Digital Technologies On Legal Issue Copyright with respect to Indian Copyright Law
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This Blog is written by Akshat Srivastava from Amity Law School, Noida. Edited by Ravikiran Shukre.
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INTRODUCTION:
In the present scenario economic growth of any country is not possible without the digitization process. The present government of our country has also given great thrust to digitization in its core policy and propelling very fast towards digitalization by introducing all government dealings online. With the help of digitization accurate information can be very easily stored and transferred through high-speed internet. Today, all the important documents like PAN cards, Aadhaar Card, Driving licenses, and many more can be easily stored and produced in the form of soft copies.
Digital technology had opened its doors in various fields like entertainment, media, advertisements, education, e-governance, etc. Nowadays, all the information is available on the internet and can be easily accessed from anywhere, but this easy availability of materials on the internet is the main cause of copyright infringement. Digitalization has made it considerably easy to copy, replicate and sell the works of a copyright owner without his permission, and detection of such infringement becomes difficult. This has posed a great threat to the right of the copyright owners or creators. One of the basic examples of copyright sources is the internet. The Internet contains all kinds of materials that are copyrighted like news, stories, images, graphics, etc.
This article tells us about the benefits of digitization, Copyright laws, and Statutory Provisions for the protection against copyright infringement.
STATUS OF COPYRIGHT LAW IN THE INDIAN CONSTITUTION:
Copyright in India is protected under Copyright Act, 1957 since then several amendments have been made from time to time. This act ensures protection to the creators of the work. This law also protects the works of the creators and owners of the copyright against unauthorized use. In 2012, the Copyright (Amendment) Act was enacted which is considered to be more substantial. The main reason behind this enactment was to bring the act in conformity with World Copyright Treaty 1996 and WIPO Performance and Phonogram Treaty 1996.
The Copyright Amendment Act of 2012 extended its provisions for the protection of copyright in work in the field of digitalization. It also laid down provisions for penalties to be awarded against the infringer, rights of management information, the liability of internet service providers, and the introduction of statutory licenses for cover version and broadcasting organizer. In this Act, proper distribution of royalties amongst the creators and owners of the work is ensured.
The law also aimed at creating certain acts as exceptions, which means that certain acts shall not amount to infringement. Section 52 of the Act lays down certain acts which shall fall under the heading of Doctrine of Fair Use. This section is enacted in conformity with the Berne Convention 1885, TRIPS Agreement 1995. The Indian Judiciary has also has played a pivotal role in protecting the rights of copyright owners in the era of digitalization. The Copyright Act was enacted in 1957. The copyright law had brought up the copyright law in India with an advanced form of information technology by the process of digitization. In Copyright law, there is a term known as work which includes all sorts of work that is usually found in copyrighted form like media, database, maps, drama work, literacy work, etc.
IMPACT OF DIGITIZATION IN COPYRIGHT LAW:
• The innovation in technology had brought challenges to copyright law, as copyright infringement was evolved in the printing media industry that is useful in purposes such as imaginative works, artistic creations, drawings, models, photography and film industry, etc.
• As the internet came the recorders and copiers can easily present digital data which causes manipulation of work.
REMEDIES AGAINST COPYRIGHT INFRINGEMENT:
Technological Remedy
1. BlockChain Technology: Blockchain technology is a list of records that are linked by the process of cryptography. Each block contains a cryptographic hash of the previous block. With this technology unauthorized copying of data and information is not possible.
2. Digital Watermarks: A digital watermark is a kind of marker covertly embedded in a noise-tolerant signal such as audio, video or image data. It is typically used to identify ownership of the copyright of such signal. “Watermarking” is the process of hiding digital information in a carrier signal. Digital watermarks may be used to verify the authenticity or integrity of the carrier signal or to show the identity of its owners. It is prominently used for tracing copyright infringements and for banknote authentication.
Criminal Remedy:
Imprisonment of the accused or imposition of fine or both. Seizure of infringing copies.
Administrative Remedy:
Administrative remedies consist of moving the Registrar of copyrights to ban the import of infringing copies into India when the infringement is by way of such importation and the delivery of the confiscated infringing copies to the owner of the copyright and seeking the delivery.
STATUTORY PROVISIONS:
Digitalization enormously affects society. However, as it is appropriately said that with extraordinary innovations comes an incredible danger, correspondingly digitalization, while having assumed a significant part in changing the elements of society, has likewise led to a few different issues like encroachment of privileges of a maker or proprietor of the work (in copyright setting) through different methods in the advanced world. To keep a check against the encroachment of these rights, international associations like World Intellectual Property Organization (WIPO) have assumed a significant part.
1. World Copyright Treaty 1996:
It’s anything but a unique arrangement under the Berne Convention that arrangements with the security of works in the Digital climate. Notwithstanding the rights perceived by the Berne Convention 1885 they are allowed three financial rights in particular, right to dissemination, right to rental and right to correspondence to people in general. It guarantees insurance for any work in the computerized world for a time of in any event 50 years. The settlement additionally manages two topics that will be ensured by Copyright and they are: PC Programs and Arrangement of information or material data set.
2. WIPO Performance of Phonogram Treaty 1996:
This arrangement manages two sorts of recipients in the advanced world, first the entertainers in particular entertainers like vocalists, performers and so on, secondly the makers of phonograms. It additionally sets out the monetary privileges of conveyance, leasing and correspondence by the entertainers with general society and for the makers of phonograms the financial privileges of proliferation, right of dispersion, right of rental and right of making accessible. The settlement guarantees security to the entertainers and maker of phonograms for a duration of 50 years.
CASE ANALYSIS:
Sony Corp. v. Universal City Studios:
In Betamax, segment 107 was deciphered to permit video recording device clients to “time-shift” protected motion pictures displayed on television.6 9. The Court gave a tight choice which characterized time moving as the practice of recording a show for one-time survey and afterward deleting it. Maybe in light of the fact that it was reluctant to extend reasonable use to different kinds of private use. The Supreme Court subsequently doesn’t appear liable to grow the extent of the reasonable use precept missing further legislative activity.
UTV Software Communication Ltd v. 1337x and Ors.:
For this situation, the offended party including UTV programming correspondence Ltd are the organizations occupied with making content, delivering, and dispersing cinematographic films everywhere in the world including India. The litigants were 30 sites including some John Doe sites, the Ministry of Electronics and Information Technology, the Department of Telecom, and different ISP’s. It was placated by the offended party that litigants’ sites facilitated and gave admittance to their protected work which brought about encroachment of Copyright of the offended party.
The court believed that the main point of contention about Internet opportunity, thusly isn’t whether the web is and ought to be totally free or whether the public authority ought to have limitless oversight authority, but instead where the proper lines ought to be drawn, how they are drawn and how they are executed.
CONCLUSION:
Despite the fact that digitalization has offered freedoms to the makers to show their work and manifestations successfully, it has simultaneously additionally raised worries for encroachment of the rights having a place with proprietors. In any case, despite the fact that few endeavors have been made at both International and public levels to beat the deterrents to guarantee the assurance of copyrights in the computerized field still a ton is to be finished. At the public level, there is a need to make mindfulness among individuals, to prepare the requirement organizations and foster appropriate components to forestall encroachment. At the International level, there is a need to guarantee that the arrangements and standards enhanced under international deals and shows have been agreed with to guarantee compelling administration for assurance of copyright in the computerized world.
REFERENCES:
• https://blog.ipleaders.in/copyright-digital-era/