EMERGING TRENDS IN DIGITAL COPYRIGHT LAW
Author: Rama Gandhi, NMIMS School Of Law.
ABSTRACT:
The ubiquity of the Internet as an excellent and entirely modern intermediary in an all-inclusive human contact worldwide has been a huge problem for the copyright works of lawyers and others. The Internet and computer networks allow more and more individuals to engage in the building of common knowledge, thereby weakening attempts to promote the creators of intellectual property. The Internet allows the almost simultaneous replication of original quality and the global diffusion of copyrighted works at light speed. The above-mentioned intriguing aspect of Internet appears as the most important copying machine in the world. The puzzling and contradictory essence of the digital dilemma is related to the dichotomy between the notion of “information wants to be free” and the apprehension of more recorded information access in the digital setting. This article shall investigate and discuss objectively unindustrialized copyright-protecting problems in the digital world, the emerging trends in this digital copyright law against the aforementioned backdrop.
The headway of digital technology has been probably the best creation of the human psyche. Innovation has cleared a path for a wide scope of potential outcomes in different regions like media, entertainment, communication, advertisements, and education. However, the simplified approach to the internet for any kind of information or work has given rise to great distress for violation of copyright.[1]
Copyright is one of the most relevant intellectual property rights (IPR), defined as the privileges reserved by the creator the developer for his authorial and masterpieces. It contains sculptures, movies, directories, maps, etc. Today, the digitalization of the works of a rights proprietor without his permission has made it much easier to reproduce, imitate, and market them. The copyright law in historical chronicles is known to be the legacy of technology. It has witnessed meticulous improvements keeping in mind the essence, extent and realm of technology concerned to protect the public interest in creativity, invention and resourcefulness.[2] Its key thrust is to offer sufficient benefits to writers and producers of miscellaneous copyright works, on the one hand and make those works reachable to the public on the other hand.
The legislation of copyright had to adapt between the requirement for the author to be recognized and honored, and the attractiveness of publication. In 1998, the Indian government passed the Millennium Digital Copyright Act, which revised copyright regulations now covering the realities of digital media. The world has recognized the need for a digital copyright law by expanding and evolving technology, particularly digitalization. The new copyright law has therefore evolved, as the trend of storing documents in digital data evidently needs protection in the world.
New obstacles to the existing copyright rules were raised by the development of technology because legislation evolved mainly under the print media system, with its security work developing steadily into artistic artworks, photographs, sketches, sculptures, and later extending into photography and movies. In order to advance digital society’s record, the old laws and the fundamental principles of copyright law had to be reintroduced. With the use of the internet, technical copiers or recorders quickly made digital data accessible that could lead to exploitation of the work against a free flow of knowledge within society, as the author lost ownership of the digital documents in the public sphere on the web.[3]
A fair dealing exemption, use for education purpose which were earlier applicable only in relation to certain types of work e.g. literary, dramatic and musical works, have been made applicable to all types of work. In addition, it was explained that the collection, including the accompanying preservation of any computer software which is not an infringing copied copy, of work in any electronic media for the purposes specified in this clause does not constitute a breach. The temporary and accessory store of a work or output in the technological phase of electronic transmission or public communication.
The storage of a work in any medium by microelectronic means by a non‐commercial public library, for conservation if the library already enjoys a non‐digital copy of the work; The manufacture of a three‐dimensional object from a two‐dimensional artistic work, such as a technical drawing, for the purposes of industrial submission of any purely functional part of a useful device. The provisional and incidental possession of a task or presentation for the purpose of supplying electronic connections, access to or integration, where the right holder has specifically not prohibited such links, access to or integration, unless the liable individual is aware of or has fair cause to trust in such storage as to be an invalid copy.
The development of copyright is closely connected to technological development. Although copyright enforcement was made more difficult in other developments, the core principles underlying copyright were altered by modern computers. This copyright struggles have come into being at a time of the unparalleled share of proprietary interests in national financial prudence. It is important to adapt the law system in an efficient and sufficient manner to respond to modern technical advances, taking the speed and pace of these developments into account.[4]
Even though this era of digitalization has provided many creators to show cause their work and creations effectively and efficiently as well, yet at the same time, it has given rise to concerns and distress regarding the copyright infringement issues. Though a lot of amendments and changes are made, still there is an area of improvement where a lot is to be done to protect the rights of the owners and proprietors.
Reference
[1]https://lawyersgyan.com/blog/emerging-trends-in-digital-copyright-law-in-india/
[2]http://lawtimesjournal.in/emerging-trends-digital-copyright-law-india/#:~:text=The%20copyright%20law%20in%20historical,be%20the%20legacy%20of%20technology.&text=The%20copyright%20law%20had%20to,of%20making%20such%20works%20public.
[3]http://docs.manupatra.in/newsline/articles/Upload/50DDCF24-66B8-4403-B815-08A1CDEB5EDA.pdf
[4]https://www.researchgate.net/publication/323969302_Emerging_Trends_in_’Digital_Environment’_Under_The_Indian_Copyright_Regime‘
La Senatus Scriptors 