AUTHOR- NALINI TRIPATHI
YEAR OF COLLEGE- 2ND YEAR
COURSE- BA.LLB (HONS.)
UNIVERSITY- DR. B R AMBEDKAR NATIONAL LAW UNIVERSITY, SONIPAT
With the advancement in the digital technology, the distribution of copyrighted material on internet has brought about a drastic change in the preexisting copyright laws. Unfair use and illegal downloading of the copyrighted songs, videos, eBooks, software, etc. Have developed into major problems in the digital domain. To overcome these issues various treaties has been enacted and several legal measures have been taken. Indian Copyright Act after the amendment of 2012 seems to be effective enough to resolve the issues concerned with the digital domain of copyright. This article mentions the various treaties like WCT and WPPT and whether they have been any usefulness and how they improved upon the safeguarding of copyrighted materials in this technological era. Also it discusses about how the data can be easily transmitted in this internet world without the authorization and authentication of the real owner and causing loss to him/her economically.
Keywords- WIPO, INDIAN COPYRIGHT ACT, DIGITAL RIGHTS MANAGEMENT, BERNE CONVENTION, WCT, WPPT, TPM, RMI.
Copyright is an important intellectual property right for protection of expressions of the creators of literary, artistic, musical work, cinematographic film and sound recordings etc. and plays an important role in promoting innovation and creativity. Copyright grants a bundle of rights to its creators to protect their original work such as right to broadcast, right to produce the work, right to display, right to reproduce the work, right to perform depending upon the nature of work.
As we are aware that change is the law of nature and so the digital platforms have hit the copyright also and it is now a challenge to protect the copyright with emergence of new category and kind of work such as software, digital music and videos, etc. In the digital domain copyright infringement can be carried out at a low cost, with ease and without even compromising with the quality of work. Besides this, the serious issues that are coming up include the fake websites and e- commerce, illegal downloading of songs and videos are some of the biggest concern of this era.
Fast speed, ease and flexibilities have given people opportunity to easily transmit the copyrighted data all around the world through internet, without any authentication and authorization of owner, hence there is real need to protect the data without any boundary limits. We can see in our surroundings that pirated CD’s and pen drives are available with the songs and movies in mere 30-40 rupees and this is all because of the digitization era. So we need a set of hyper and strict laws to deal with all these new age copyright.
The other emerging issue with the advent of technology is the copying of database and availability of eBooks which are easily available for download. The problem arises when these books and materials are printed and sold in cheaper rates which cause a much loss to publisher and creators.
There are several adverse effects of copyright on the intellectual property as well as economy including high revenue loss to the IP owner, decline in the sale of original digital products, cost of litigation processes and wastage of time. Last but not the least is the rise in the cost of these original products.
INDIAN COPYRIGHT LAW AND INTERNATIONAL SCENARIO IN DIGITAL DOMAIN
To stop the use of copyrighted material and protect the IP right of copyright, Indian Copyright Act was implemented on 21 January 1958. Several Amendments were done since now and in recent year 2012 to meet the national and international requirements.
With the technological advancement and revolution in digital technologies, various digital issues have cropped up and to regulate its usage, several international treaties were framed and adopted. World intellectual property organization (WIPO) is one such organization which regulates these treaties. In Indian Copyright Act various provisions are there which are exceptions because sometimes when the same original work to be created for specific non- profitable purpose such as review and criticism, for research and study (Section 52), for reporting current events, in judicial proceedings, etc.
INTERNET TREATIES AND AGREEMENTS
World Copyright Treaty (WCT) is a clear agreement which explains Article 20 (entry into force of the treaty) of Berne Convention which explains the protection of original literary work, artistic works, computer programs, writings, and audio visual work, work of fine art, databases and photographs. WIPO Performance and Phonogram Treaty (WPPT) particularly deal with rights of performers and producers of the phonogram. With the advent of technology strong need was felt to introduce the new international treaty and revise the old laws, so WCT and WPPT came into force. They are collectively called internet treaties. These treaties also comprise of exceptions and limitations to the rights of digital environment. WPPT and WCT gives four types of economic rights to the performers for their performance: the right of distribution, right of reproduction, right of making it available, and the right of rental.
To detect and stop unauthorized distribution of copyrighted material and copying of the material WCT has come up with certain new provisions that deal with Technological Protection Measures (TPM) and Rights Management Information (RMI).
TPM’s are safeguards used to protect the material from being copying on digital format and copying multiple times. RMI is another safeguard for protection of copyrighted material which include label of the owner which is put over the protected work that consists of the details, information and contribution of that specific work in it. Besides these, a Digital Rights Management technology has been evolved that enable the copyright owners to have a good control over their work by allowing users to access only part of work which is allowed by owners to access.
EMERGING TREND OF COPYRIGHT PROTECTION
India has not acceded WCT and WPPT though the amendments in Indian Copyright Act in 2012 were made according to WCT and WPPT to solve some of the digital issues. Section 65 has been introduced in the Indian Copyright Act in the year 2012, which deals with the protection against ways of technological measures and legal action taken in case of infringement of issues related RMI.
In 1994, copyrights were stretched out to broadcasting and broadcasting on TV and radio platforms inferable from the improvement in innovation. In 1994, this statute was settled on completely viable with the TRIPS Agreement.
Section 57of the Indian Copyright Act furnishes creators with specific rights to guarantee their own authorships over their work and posture limitations on unlawful use or look for harms on the off chance that somebody changes, contorts, adjusts or ravages their work even in the wake of doling out it to another person if such work hurts the standing of the creators.
Section 52A of the Act makes the specifics obligatory to be referenced on sound accounts and video chronicles, for example, name and address of individual who made the work or who has the copyright alongside the date when it was distributed.
With the Emergence of IT law in India in 2000 the Intellectual property rights were more safeguarded on the internet and digital platforms. A reasonable managing special case, use for training reason which were prior material just comparable to specific kinds of work for example scholarly, emotional and melodic works, have been made pertinent to a wide range of work.
A reasonable managing special case has been reached out to the detailing of recent developments, including the announcing of a talk conveyed in broad daylight. Prior, the reasonable managing special case was restricted for (I) private or individual use, including exploration, and (ii) analysis or audit, regardless of whether of that work or of some other work. Further, it has been explained that the putting away of any work in any electronic mechanism for the reasons referenced in this provision, including the accidental stockpiling of any PC program which isn’t an encroaching duplicate, doesn’t comprise encroachment. The transient and accidental stockpiling of a work or execution simply in the specialized cycle of electronic transmission or correspondence to general society;
The transient and accidental stockpiling of a work or execution to give electronic connections, access or incorporation, where such connections, access or reconciliation has not been explicitly denied by the correct holder, except if the individual capable knows or has sensible justification for accepting that such capacity is of an encroaching duplicate: Provided that if the individual answerable for the capacity of a duplicate, on a protest from which any individual has been forestalled, he may require such individual to deliver a request inside fourteen days from the capable court for the proceeded with avoidance of such stockpiling;
The putting away of a work in any medium by electronic methods by a non‐commercial public library, for safeguarding if the library as of now has a non‐digital duplicate of the work; The creation of a three‐dimensional item from a two‐dimensional imaginative work, like a specialized drawing, for the reasons for modern use of any simply practical piece of a helpful gadget;
The advancement of copyright has been firmly connected to innovative turn of events. Though a large portion of the innovations made copyright insurance more troublesome, advanced PCs figured out how to change the major ideas driving copyright. These difficulties to copyright industry have arisen when the portion of copyright in public economies is arriving at uncommon levels. It gets basic to change the overall set of laws to react to the new mechanical improvements in a successful and fitting manner, keeping in see the speed and speed of these turns of events.
There is an incredible weight on the creators, may it be craftsmen, film producers, music writers and software engineers to concoct the new works with the goal that sufficient insurance is given to them and they don’t endure misfortunes as a result of lacunas in the law.
The virtual information and innovation is spread across the globe and a different enactment is of most extreme significance for computerized copyright. In India, the computerized copyright is kept on a similar balance with the other copyright when the advanced copyright is effectively inclined to Infringement and unapproved use.
The apparatus accessible with the analytical offices is out of date when contrasted with the brilliant criminals who utilize cutting edge innovation to encroach the works and gain benefits from it. Innovative improvement is extremely fundamental to examine such matters and to give a predicament to the cutting edge innovations utilized by the transgressors.