Author: Samuel Peter, Law Student, Galgotias university
The digital era has revolutionized the way the content is created, distributed, and consumed but it has also made protecting intellectual property (IP) much more difficult. With digital content being so easy to replicate and share across borders, enforcing copyright laws has become a complex task. This article explores the main challenges of copyright enforcement in the digital age, including the global nature of the internet digital piracy, and how technological advancements are testing existing legal frameworks.
What is copyright
Copyright is a legal protection for various types of creative work such as literature, music, movies, art, software, and more. It grants creators exclusive rights over how their work is used, shared or modified. In India copyright is governed by the copyright act 1957. For example, the law defines a computer programme as a set of instructions that cause a computer to perform specific tasks. Additionally, “literary work” under the law includes computer programs, databases, and compilations.
Copyright covers both offline and online works but does not extend to creations made entirely by artificial intelligence (AI). It is often referred to as a bundle of rights because it gives the creator multiple rights over their work.
Challenges of copyright in the digital era
One of the biggest challenges in enforcing copyright in the digital age is the global reach of the internet. Copyright laws are usually limited to specific countries or jurisdictions but the internet allows content to be shared and accessed from anywhere in the world. This makes it difficult to enforce rights, especially when the infringing material is hosted in countries with weaker or minimal enforcement of copyright laws.
Jurisdictional issues: Determining which country’s laws should apply in cases of online copyright infringement is complicated. For instance, a pirated movie uploaded on a website in one country can be accessed by users in other countries. Legal action in such cases means dealing with the laws of multiple nations, which is both costly and time-consuming.
Ease of digital reproduction and distribution
The nature of digital content makes it highly vulnerable to infringement. Unlike physical products, digital files like music, movies, and books can be easily copied and distributed with little effort. This has made digital piracy a widespread problem as unauthorized copies of copyrighted works are shared across multiple platforms instantly.
Digital piracy
Unauthorized sharing and reproduction of copyrighted content continue to be significant issues. Online anonymity and advanced techniques to evade detection make enforcement challenging.
Technological advancements and copyright law
Technology is evolving faster than the legal frameworks designed to regulate it. New innovations like AI, blockchain, and non-fungible tokens (NFTs) introduce new complications for copyright enforcement because existing laws are not equipped to handle these advancements.
AI-Generated Content: AI is increasingly being used to create original works of art, music, and literature raising questions about who owns the copyright to such creations. Traditional copyright laws assume a human creator, but the rise of AI blurs these lines, creating uncertainty.
NFTs and Digital Ownership : NFTs allow creators to prove ownership of digital content like art or music, but verifying authenticity and ensuring the original creators copyright is respected in decentralized marketplaces remains a challenge. Even with ownership of the NFT, the underlying content can still be copied without permission.
Challenges from online platforms
Social media and content-sharing platforms like YouTube, Instagram and TikTok have opened up new ways for copyright infringement. Users can easily upload, share, and remix content, often ignoring copyright protections.
Platform liability: platforms have been criticized for not doing enough to prevent copyright violations. Some, like YouTube, have implemented systems like content id, but these systems aren’t foolproof and can be exploited. These platforms often argue that they are intermediaries and not responsible for the content users upload, leaving enforcement up to the copyright holder.
Ownership issues in the digital age
Determining who owns digital content can be tricky. The ease of copying and sharing digital files makes it difficult to prove who the original creator is, or who has the rights to distribute the work. In the digital world, fair use is also harder to define, especially on platforms where user-generated content is common, while these platforms foster creativity, they also complicate the issue of copyright ownership.
In essence, the digital age has expanded access to content on a massive scale, transforming the creative landscape. However, this expansion raises critical questions about copyright norms and ownership, pushing us to rethink how we protect creative works in this rapidly evolving space.
Protecting your intellectual property in the digital age
Several tools and technologies help protect digital content from unauthorized use. For example, Digital Rights Management (DRM) systems help control who has access to content and prevent unauthorized use. DRM can be used for music, videos, and even text, ensuring that creators get paid for their work.
Another way to safeguard digital content is through Technical Protection Measures (TPM), which secure digital media like music and videos from unauthorized copying. Watermarking is also commonly used to embed a secret code in digital files allowing creators to trace their works and prevent duplication.
Education is also a key tool in protecting IP. Informing users about copyright laws and the penalties for breaking them encourages responsible content usage. Collaboration between governments, businesses, and international organizations is essential for ensuring that copyright laws are enforced globally.
Conclusion
India’s evolving copyright regime in the digital age shows the country’s commitment to keeping up with technological innovations. However, enforcing copyright in this era requires a delicate balance between protecting intellectual property rights and promoting a digital environment that fosters creativity and access to content.
The challenges of copyright enforcement have grown with the digital age, and adaptive legal frameworks are needed to balance creators rights with public access. International cooperation, updated laws, and educating users are crucial in building a digital world that respects intellectual property while encouraging innovation and creativity.
Coughlan, S. (2021). How NFTs are Reshaping Digital Art and Copyright. BBC News.
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