Written by: SIMRANJEET KAUR, LAW STUDENT, LOVELY PROFESSIONAL UNIVERSITY
Introduction
Streaming platforms such as Netflix, Hulu and Spotify have changed the way we view digital content. Viewers and listeners can now access a large collection of movies, music, television shows and others just by clicking on the platform. Despite its convenience, however, such access has raised immediate concerns about copyright protection for creators and owners in the digital world.
Copyright Basics
Before proceeding to the streaming era, it is important to know some basics of copyright law. Copyright is an intellectual property right that gives creators exclusive rights over their original works which includes artistic work, literature work and audio-visual creations among other things.[1] For instance, these rights allow holders to reproduce copies of their works or to dispose them off by selling.
The Digital Millennium Copyright Act (DMCA)
In 1998 United States enacted Digital Millennium Copyright Act (DMCA) to address issues that were coming up due to increased use of digital technologies. The DMCA introduced mechanisms against online piracy like notice and take down mechanism where a holder may claim infringement from websites and online platforms thus leading to removal of infringing material.[2]
Streaming Platforms and Copyright Challenges
Streaming platforms have turned into a significant route of distribution for digital media; nevertheless, they also pose formidable challenges to copyright protection. Here are some key issues:
1. Licensing and Royalties: To allow streaming platforms to legally play content owned by others, they must acquire licenses from the holders of copyright who would be royalty recipients. This process involves bargaining in royalty rates and terms of usage agreement.[3]
2. User-Generated Content: Most streaming platforms let people upload their personal materials and share them with others on the web. It enhances creativity but also exposes copyrighted material to users’ infringement risk.
3. Geo-Restrictions and Content Availability: For licensing contracts as well as territorial rights, there are times when certain contents can only be viewed on particular streaming platform. That leaves viewers frustrated while trying to dodge such geo-restrictions. Which results in causing possible violations related to intellectual property since there are those who would attempt getting pirated copies.
4. Digital Rights Management (DRM): DRM technologies are employed by streaming platforms in order to safeguard copyrighted content from being reproduced, circulated or altered without authorization.
Striking a BalanceManaging the rules governing copyright when streaming digital content still poses challenges when trying to balance between artists and those who consume products online. The main stakeholders, including content creators and distributors, streaming services, policy makers, and users and consumer protection organizations, will need to discuss and seek a mutual way how to address those challenges. Possible Corrections and Proven Strategies Fair Licensing and Royalty Models: Companies providing streaming services and content providers should collaborate and ensure that every mutual contract is transparent and easily accessible to accommodate rights holders in getting fairly paid without overburdening the streaming services that are supposed to be financially sustainable. User Education and Enforcement: This meant that streaming platforms should ensure that they make it easy for their users understand the copyright policies available to avoid recording and sharing of any infringing content and secondly, there should be methods put in place which streaming platforms can use to detect any content that is being streamed and shared in the wrong way. Another noble cause is to educate the user regarding the proper use of copyright law and fair use policies. Flexible Geo-Restrictions: Although the territorial licensing can be justified, streaming platforms should seek other less disruptive models that help minimize customer annoyance and possible unauthorized streams caused by geo-blocking limitations. Balanced DRM Approaches: DRM technologies should be to create harmony between the corporations’ protection of their exclusive content and the protection of consumer rights and access to copyrighted works especially for those with certain disabilities of the free use policy.
Stakeholder Collaboration: This paper suggests that there should be continuous liaison between the creators, platform designers and developers, relevant policymakers, and consumer protection organizations because the existing issues of copyright infringement in digital music streaming platforms are constantly changing.
Conclusion
We are living in the age of the internet and copyright is somehow still an issue even in the world of streaming. Without this continuous collaboration, striking the correct balance between creators, distributors, and users is impossible. For individual consumers, it features fair licensing models, consumer education, flexible geo-restrictions, and balanced DRM approaches. Crafting an Open Communication Engage stakeholders (creators, platforms, policymakers, and consumer groups) Open dialogue: Recognize the complexity of the landscape as copyright in streaming continues to evolve. Together, we can develop a future where creators are rewarded, content is available and user rights are upheld.
References
[1] Basheer, S. (2020). Copyright law and the digital environment. Journal of Intellectual Property Law and Practice, 15(8), 589-603. https://doi.org/10.1093/jiplp/jpaa094
[2] Samuelson, P. (2022). The Future of Copyright Fair Use in the United States. Journal of the Copyright Society of the U.S.A., 69(2), 183-236. https://scholarship.law.berkeley.edu/facpubs/3687
[3] Yu, P. K. (2021). Fair Use in the Digital Era: A Critical Analysis. Journal of Intellectual Property Law, 28(1), 1-58. https://digitalcommons.law.uga.edu/jipl/vol28/iss1/2
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