AUTHOR: TENZING THOKMEY SHERDANG , GALGOTIAS UNIVERSITY
INTRODUCTION:
The constantly changing field of digital technology has had a significant and wide-ranging influence on copyright law. Technology is no longer independent and has become an intrinsic part of our life. Digitalization has cleared the way for a new era with new dimensions and ambitions, which will result in a huge transformation in human life.
However, there are some drawbacks to having greater benefits. The ease of sharing and reproducing digital content has led to widespread copyright infringement. The effects of digital technology on copyright law are examined in this article, with particular attention paid to the challenges and opportunities arising from this interaction.
COPYRIGHT AND COPYRIGHT LAW
Copyright is one of the crucial parts of Intellectual Property Rights which helps the owner of any creative work to have a legal right over the possession of such work or art. Such work may include any literary or artistic work such as books, articles, films, databases, computer programs etc.
In order to protect the interest of such copyright owners, copyright law has been adopted and enacted in various countries and various amendments have been brought till now in order to bring reform in such copyright laws. In India particularly, the Copyrights Act, 1957 was enacted to prevent copyright infringement and recently the amendment act of 2012 was introduced to combat the changing needs of copyright law.
ISSUES IN DIGITAL ERA WITH COPYRIGHT ACT
The primary problem with the Copyright Act is that, in the digital age, there will inevitably be an increase in the infringement of intellectual works online, and the Act does not offer sufficient enforcement mechanisms to address this infringement. Because digital copying is still widely accepted and privacy laws and interests are in place, it is challenging to identify online infringement. As a result, copyright law will be considerably harder to enforce in both cases.
Fair use being allowed by the Copyright Act is the second big problem with the digital era. According to the fair use policy, the Act allows copies of the work for private use. This would make it harder for the Copyright Act to stop such unlawful use as anyone will be allowed to copy the copyrighted material for fair use and put it online without permission.
Third, and perhaps most problematic, is that the Copyright Act gives a limited definition of a work that is protected by copyright. Therefore, neither internet nor legal rulings offer any type of protection for protected content.
CASE LAWS
The first case in this regard is UTV Software Communication Limited v. 1337X.To and Ors. The Delhi high court in this case uphelded the principle that there is no line of difference between copyright infringement in the digital world and in the physical world. It is not logical to differentiate between crimes committed virtually or those committed physically with regard to copyright infringement. Also, the court remarked that the copyright act too does not make any such line of differentiation.
Next, is the case of Disney Enterprise inc. and Ors. V. Kim cartoon and Ors., in which the honourable high court of Delhi while deciding over the matter of copyright infringement for a cinematographic work, barred the defendants from streaming, distributing, copying or hosting any work and thereby protected the copyright interests of the plaintiff and the copyright owner from any kind of infringement.
CONCLUSION
Digital technology continues to have a significant and continuous influence on copyright law. Striking a balance that upholds artists' rights while promoting innovation and information access is crucial as we negotiate this complicated terrain. We can develop a copyright framework that supports a thriving and diversified creative economy while also adjusting to the digital era by embracing new models and technology. The future of copyright law will unavoidably reflect the dynamic character of digital technology itself as stakeholders—from legislators to creators—continue to engage in this discussion.
REFERENCE
The Copyrights Act 1957, § 52, No. 14, Acts of Parliament, 1957 (Ind.)
The Copyrights (Amendment) Act, 2012
UTV Software Communication Limited v. 1337X.To and Ors., 2019 SCC Online Del 8002
Disney Enterprise inc. and Ors. V. Kim cartoon and Ors., 2020
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