Importance of Copyright in the Digital Age
Protection of intellectual property rights has become more important than it has ever been before in the context of the constantly shifting terrain of the digital era. Protecting the rights of creators and innovators in the information technology business has elevated to the forefront of importance in a world where information is easily accessible at the click of a button and the distinctions between sharing and stealing are becoming increasingly blurry. The atmosphere of the internet, which is characterized by copying and pasting, has also given rise to a significant worry, which is the violation of copyright. Hence the necessity to confront and battle the infringement of copyright has become of the utmost importance as we navigate through this period of easy access to a multitude of things being made available to us. There is a widespread misconception that content that is accessible through the internet and falls under the public domain can be freely copied. However, this is not the case until the information in question has been made accessible by the government, the period for copyright protection has run out, or the person who formerly held the copyright has revoked his right to do so. This article digs into the significant function that copyright plays in safeguarding the integrity of content, whether it is written or visual, and highlights the difficulties and obligations that are associated with ensuring that innovation and creativity are maintained in the digital age. What do you mean by copyright? At its core, copyright is a legal protection given to the people who make original works in many areas, including writing, art, music theatre, software, photography, and other artistic expressions. Copyright owners have exclusive rights under this legal framework, which means they can control how their original works are copied, distributed, shown in public, and used to make new works. It keeps people who aren’t supposed to be there from taking these works and claiming them as their own. Copyright protection is embedded in creation, so creators don’t have to officially claim their copyright. Copyright applies to everything, even digital things like websites. The overall design, links, original text, graphics, audio, video, and other original parts are all the property of the people who own them. In its most basic form, copyright is a legal system that plays a significant role in protecting the authenticity and ownership of creative works across a wide range of artistic and professional fields. What do you mean by the Digital era? It is a term that describes the period during which digital technologies, such as computers, the internet, and mobile devices, have become pervasive and have dramatically altered how we interact, work, and live our lives. Why Copyright is Crucial in the Digital Age Protection Against Unauthorised Reproduction: When it comes to digital things, it only takes a few clicks to copy something. Trademark, on the other hand, is an important way to protect authors’ works from being copied and shared without their permission. Creators can protect their intellectual property and keep the exclusive rights to the content they make by registering and enforcing brand rights. In addition to protecting their possible income lines, this helps keep the integrity and originality of their works. Trademarks are a legal way to stop people from copying and distributing content without permission. They protect artists’ rights in the digital world and give them control over how their content is used. Incentivising Creativity: Knowing their creations are protected by trademarks and copyrights motivates producers to create original stuff. These legal protections provide creators confidence that their intellectual property rights will be protected, motivating them to spend time and energy on new digital products. Creators feel safe in their ability to control and profit from their original ideas, which encourages continual creativity. A strong intellectual property system encourages a steady flow of creative content, enhancing the digital world with new works. Setting Boundaries: Copyright law includes fair use, instructing individuals on how to properly use materials in diverse situations, from memes to education. Fair use allows limited copyrighted content usage without permission or payment. This option is essential for creating and sharing new works, notably in commentary, criticism, news reporting, education, and transformation. Memes often exploit copyrighted images or snippets for humour or social criticism, which is fair use. Fair use allows teachers and students to use copyrighted material for research, teaching, and scholarship. Understanding fair use gives users a legal framework to explore and incorporate copyrighted information, balancing artists’ rights and creativity, education, and free expression. Economic Rights: Ensuring that creators receive financial remuneration for their work, whether through sales, licensing agreements, or royalties, assists creators in monetising their content and guaranteeing that they receive income. New Age copyright Protections Content ID system YouTube uses Content ID systems, which are strong ways to look through the videos that people post to the site. These systems carefully check the uploaded files against a huge database that has content that brand owners have marked as their own. When a match is found, the system is set up to automatically take action based on what the author of the original content has chosen. These steps could include blocking the material, making it impossible to make money from, or even taking it down completely. Intellectual property rights are protected on the platform by this complicated process. Copyright holders can take control of their material and decide what will happen to people who might have violated their rights. Geo-blocking Geo-blocking involves restricting access to content based on the user’s geographical location. By doing so, content providers ensure adherence to the specific copyright laws and agreements applicable in the user’s region. This approach not only aids in regulatory compliance but also facilitates the implementation of region-specific licensing and distribution strategies, enabling digital content providers to navigate the intricate landscape of international copyright regulations. Digital Rights Management (DRM): It plays a crucial role in preventing the unauthorized redistribution of digital media across various platforms.
IPR and its Role in Fashion Industry
INTRODUCTION In artistic expression, fashion design emerges as an appealing kind of creativity. Designers produce apparel and accessories using their imaginations as a lens through which they create their creations. Rather than being limited to clothing, fashion has expanded its sphere of influence to include a wide variety of goods and products. Protecting these creations becomes an essential component of maintaining the existence and integrity of the fashion industry in this ever-changing environment, where innovation and style coexist. Taking into account the investments that fashion businesses make in the development of their products further emphasizes the critical requirement for robust protection. As a result of the fact that fashion design is the result of human intelligence and imagination, it is a subject matter that is protected by laws related to intellectual property. IPR AND FASHION The cost of creating fashion designs is high, yet imitating them is quite affordable. It is the copyists who will take advantage of the designers, which will discourage them from producing designs that are unique and inventive in the future. Therefore, copying puts a damper on creative thinking and invention. The protection of intellectual property rights for fashion designs would ensure that the designer or creator of the design receives payment for his or her work, rather than to someone who has just pirated the designer’s creations. This would be good news for aspiring fashion designers. Intellectual property rights (IPR) are essential not only for the fashion industry but also for any other creative industry. Plagiarism, often known as piracy of products, is the most common type of instance that occurs in the fashion business. Plagiarism refers to the act of making copies of intellectual property without the owner’s permission. The term “fashion designing piracy” (FDP) can be broadly classified into two categories, which are as follows: KNOCK-OFF: This is an imitation or copy of anything popular that is not sanctioned and is utilized without a license to sell the original designs at a price that is cheaper than the original. When it comes to the fashion industry, a knockoff is a product that is very similar to the original design in terms of its pattern and other components, but it is sold under the name of a label that is not the same as the label that was used for the original design. COUNTERFEIT: This refers to an imitation of an original design that has been made without permission and includes the label or logo of the fashion brand in question. The objective of this endeavour is to deceive the purchasers regarding the genuine quality and origin of the clothing. An attempt is being made to mislead the general people. The administration of IPR in India is a combination of the following acts: The Trade Marks Act, 1999 (47 of 1999) The Patents Act, 1970 (39 of 1970) The Geographical Indications of Goods (Registration and Protection) Act, 1999 (48 of 1999) The Copyright Act, 1957 (14 of 1957) The Designs Act, 2000 (16 of 2000) Through IP Laws, works of the fashion industry can be protected in various ways. They are as described below: THE COPYRIGHTS ACT,1957 (14 of 1957) It is made clear in section 22 of the act that copyright in India is valid for the duration of the artist’s lifetime as well as for sixty years following the artist’s death. Even though it does not protect the authors’ ideas or facts, it does protect their product, which was brought about by the idea. Designs of textiles or graphic designs created by designers might be considered to be examples of copyright in the fashion business. Although it is a very minor issue for everyone, it is against the law to copy the idea of another creator. Someone who violates the owner’s copyrights may be subject to legal action by the owner. THE DESIGNS ACT, 2000 (16 OF 2000) Within the realm of fashion design in India, the Designs Act, 2000 is the major legal framework that fashion designers utilize to safeguard their designs. According to Section 2(d) of the Designs Act, 2000, 6 essential features of design include – Shape Pattern Combination Ornament Composition of colours Combination of colours A design must also adhere to the following criteria to be registered, in addition to the above-mentioned requirements: It is required to be fresh or brand new. Before the date on which the registration application was submitted, it must not have been published, revealed, or expected to the public in India or anywhere else, or before the date on which the application was filed. The design must be recognizable from designs that are previously known or from a combination of designs that are already known. It is not allowed to include content that is controversial or vulgar. The Act does not protect the garment as a whole; rather, it only protects the colour, shape, pattern, and other physical characteristics of the garment. It is for this reason that a design needs to be registered. Per the Act, the owner of a registered design is granted copyright under section 2 (c) of the act which means exclusive authority to apply the design to any articles, regardless of the category in which the design is registered. Only designs that have been registered are protected by the Designs Act. It means that designs that are not registered are not eligible to receive benefits under the Act. In the case known as “M/S Sabyasachi Couture v. Anil Kumar Batra & Ors[1],” the defendant was the proprietor of a well-known store in South Delhi that went by the name “FRONTIER RAAS.” This store sold reproductions of the items of clothing that were designed by Sabyasachi and also utilized the name Sabyasachi in its couture line of clothing. Because the defendant had used the plaintiff’s design and made improper use of the trademark “Sabyasachi” without first obtaining permission from the designer, this case was intended to be a well-established instance of infringement THE TRADE MARKS ACT, 1999 (47
The Economic Impact of Geographical Indication in India
“The residents in rural areas make most of the GI products for sale in India, which generates income and employment opportunities, consequentially giving a boost to the economy. Thus, through Gls we ensure that we don’t leave those behind and also include them and bring them into the fold of economic development.” -V.C. MATHEWS, GROUP HEAD, FOX MANDAL & ASSOCIATES, NEW DELHI India’s economy is very complicated, and Geographical Indications (GIs) have become a place where farmers, weavers, and local sellers might be able to find help. The Geographical Indications of Goods Act of 1999 was the start of this idea that changed everything. It was a big step forward in protecting and promoting India’s many unique and different goods. A Geographical Indication (GI) is a type of intellectual property that lets people know which goods come from a certain area, region, or territory. The quality, image, and other traits of these goods are closely linked to where they come from. As guardians of intangible economic assets, GIs protect a product’s qualities and image by setting it apart in the market. The European Union fought hard for this idea through the TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights). This shows that people all over the world understand how important it is to protect geographical markings. Article 22.1 of the TRIPS Agreement defines GI as “Geographical indications are, for this agreement, indications which identify a good as originating in the territory of a member, or a region or locality in that territory, where a given quality, reputation or other characteristic of the good is essentially attributable to its geographical origin” GI IN INDIA The Geographical Indications of Goods (Registration & Protection) Act, was passed by India in 1999. It was a big step toward protecting its cultural and economic history. In 2002, the Geographical Indications of Goods (Registration and Protection) Rules were made, which made this legal move even stronger. The intellectual property office in Chennai, which is also the centre for the Geographical Indication Registry of India, is in charge of overseeing and managing how these rules are put into place. In addition to recognizing and protecting the country’s many different and unique goods, this institutional framework also makes sure that these safety measures are followed by a separate administrative body. The definition of GI as adopted by India is as follows-“Geographical Indication’, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.” Distinguishing itself from other intellectual property rights, the Geographical Indications (GI) framework in India offers a unique inclusivity, allowing any association of persons, producers, organizations, or authorities established by or under the law to apply for the registration of a GI. This inclusiveness reflects a commitment to ensuring that diverse stakeholders, including farmers, weavers, and local traders, can actively participate in the protection of their products’ unique geographical identity. Moreover, the granted registration endows exclusive rights not to individual entities but to the community or authorized users associated with the GI products. An interesting facet of this protection is the non-transferability of the GI, reinforcing its commitment to the specific community or entity originally registered. Adding a visual dimension to this endeavour, in 2018, the Indian Commerce and Industry Minister unveiled a tricolour logo that unifies all Geographical Indications. This symbolic logo, with the tagline “invaluable treasure of incredible India,” serves as a collective identity for a diverse array of products across the nation, reinforcing the cultural and economic significance of India’s geographical indications. The initiative reflects a cohesive approach towards showcasing the invaluable heritage encapsulated in the country’s diverse products, contributing to both national pride and economic prosperity. MISAPPROPRIATION OF GIs A strong regulatory framework to prevent origin-based product misappropriation and protect Geographical Indication (GI) product reputations could boost development and income. This directly and indirectly boosts a nation’s economy. GIs safeguard products’ unique identity and cultural heritage and boost economic growth by supporting local enterprises and producers. However, unlike wealthy nations, many emerging nations’ Geographical Indication regimes are very young. These countries must hasten the creation and implementation of comprehensive legislative frameworks, administrative structures, and awareness initiatives due to this developmental gap. By doing so, these nations may maximize the economic benefits of protecting and promoting their indigenous products. Strengthening the GI regime in developing nations protects local communities and traditional customs and prepares them for global market involvement, creating sustainable development and economic resilience. THE INDIAN GIs The primary function of a GI is to serve as a product differentiator, to capture the sensitivities of the market participants. While countries all over the world are working towards the goal of registering their geographical indications (GIs), India is proud to have unrivalled diversity in its GI protection. Products such as textiles, handicrafts, paintings, agricultural products, horticultural products, and beverages are among the items that have been awarded Geographical Indications (GIs) in India. In contrast to the situation in Europe, where geographical indications are mostly associated with wines and spirits, as well as other culinary and agricultural goods, this is a highly significant departure. POCHAMPALLY IKAT: A REVIVED GIAMPALLY It is possible to demonstrate the economic impact that GIs have on an economy by referring to the case study of “Pochampally Ikat,” which is a classic example. “Pochampally Ikat” is a fabric that is woven in the Nalgonda and Warangal districts of the state of Andhra Pradesh in India. It is a unique fabric that has been around for centuries and can be made of silk, cotton,
DPIIT Certification and its Connection with Intellectual Property Rights
Introduction A start-up is a business that is freshly constructed. Start-ups are essentially created by one or more entrepreneurs who wish to offer a high-quality service that they think there is a market for. Through their start-up companies, dedicated business owners aim to provide their clients with distinctive, practical solutions. India is witnessing a burgeoning entrepreneurial landscape, marked by a surge in innovative ventures. In recognition of this trend and to foster the growth of start-ups, the Indian government introduced the ‘Start-up India Initiative’ in 2016. Central to this endeavour is the Department for Promotion of Industry and Internal Trade (DPIIT), a governmental body dedicated to advancing industrial development, entrepreneurship, and innovation across the nation. Among its curtail initiatives, Start-up India stands out as a cornerstone, aimed at nurturing and accelerating the start-up ecosystem in India. DPIIT Certificate In the Start-up India program, obtaining recognition or registration from DPIIT is vital for start-ups as it unlocks a range of benefits including tax exemptions, access to funding, and expedited processing of applications. After submitting the required documents, DPIIT issues a certificate of recognition to eligible start-ups. This certificate enables start-ups to utilize the online platform provided by DPIIT, known as DPIIT G2B site. Here, start-ups can not only submit applications but also engage in various activities such as pitching their business, seeking licenses, and tracking the status of previous applications and licenses. SIPP Scheme and Benefits to IPR To safeguard the creative endeavors and innovations of start-ups, the Indian government has initiated the Scheme of Facilitating Start-ups Intellectual Property Protection (SIPP). This scheme is designed to support start-ups in securing patents, trademarks, and designs, thereby fostering innovation and creativity within the start-up ecosystem. Recognizing the escalating significance of protecting intellectual property in today’s competitive business landscape, the government has taken proactive measures in this regard. The primary objective of the SIPP scheme is to enhance awareness and adoption of intellectual property (IP) among start-ups. It endeavors to nurture and guide start-ups working on innovative technologies, aiding them in safeguarding and commercializing their intellectual assets by granting access to high-quality IP services and resources. The Startup Action Plan unveiled in January 2016 outlined various benefits for startups in India, with one notable provision being the facilitation of intellectual property rights for startups. Before the introduction of the SIPP Scheme and the appointment of IPR Facilitators, startups often faced challenges due to insufficient guidance from legal professionals and agents lacking expertise in IP laws and patent drafting. However, with the implementation of the scheme and the engagement of IPR Facilitators, startups now have access to qualified IP professionals who assist them in filing and prosecuting their IPRs at no additional cost. The government pays a nominal professional fee directly to the IPR Facilitators through the office of the Controller General of Patents, Designs, and Trademarks (CGPDTM). Although startups are responsible for covering the official/statutory fees for filing patent, trademark, and design applications, they receive substantial rebates on these fees, significantly reducing their expenses. This financial support allows startups to better manage their finances in the initial stages of their business journey. The benefits of DPIIT registration apply to IP in the context of patents, trademarks, and designs. Startups and SMEs that have registered with DPIIT can benefit from the Startup Intellectual Property Protection (SIPP) scheme, which allows for faster examination of their applications. This scheme aims to speed up the processing of IP applications for startups and SMEs, reducing the time required for such registration. Key benefits for DPIIT Registered Entities Faster Examination Startups and SMEs that are registered with DPIIT have the advantage of receiving expedited processing for their applications. This results in a quicker examination and processing of their applications compared to the standard procedure. Cost Savings The accelerated examination process leads to substantial cost reductions for startups and SMEs, allowing them to potentially introduce their products or services to the market earlier, thus securing a competitive advantage. Protection of Intellectual Property Securing patents is essential for safeguarding intellectual property, and expedited processing ensures that innovations and inventions are protected swiftly, minimizing the chances of intellectual property theft or infringement. Similarly, obtaining registered trademarks elevates the credibility and reputation of startups and SMEs, and with accelerated processing facilitated by DPIIT registration, entities can swiftly protect their trademarks, mitigating the risks of infringement, counterfeiting and dilution of their brand.Top of Form Access to Funding and Investments Having Intellectual Property registered can enhance the valuation of a startup or SME, making it more attractive to investors and potential acquirers. This can open up opportunities for funding and investments, enabling the growth and expansion of the business. Having registrations enhances the credibility and reputation of startups and SMEs in the market. It signals to consumers, investors, and business partners that the bussinees is legally protected and represents the entity’s commitment to innovation and quality and to maintaining its identity. Conclusion Gaining recognition from DPIIT isn’t merely symbolic; it serves as a gateway to a multitude of opportunities. Being acknowledged as a startup by DPIIT grants access to exclusive advantages, including tax exemptions and streamlined regulatory processes, which propel your journey towards sustainable growth. It’s important to recognize that fostering innovation requires a supportive environment with simplified procedures, and DPIIT recognition precisely creates such an atmosphere, enabling your entrepreneurial ambitions to flourish unhindered. In summary, the Startup India Recognition Certificate, initiated by the Indian government, is a commendable effort to foster startups. This program offers various benefits that empower startups to expand their operations and compete globally. For startups seeking recognition and assistance, we strongly recommend applying for the Startup India Recognition program. Recent Blogs
The Role of Intellectual Property in Fostering Innovation and Economic Growth
Introduction The Indian media and entertainment sector has made remarkable progress in content creation, outlet expansion, and the adoption of advanced technology. Due to the rise of digitization, heightened consumer demand, and extensive internet accessibility, the Indian Media and Entertainment (M&E) sector has emerged as one of India’s most rapidly expanding industries. According to the FICCI EY report titled ‘The era of consumer A.R.T. – Acquisition Retention and Transaction,’ the Indian M&E industry surged to INR 1.82 trillion (US$25.7 billion) in 2019, marking a growth of 9% compared to 2018.[1] Nevertheless, there’s a concern about the originality of content and the extent to which Intellectual Property Rights (IPR) principles and regulations are followed in its production. IPR serves as a vital protection against infringement, safeguarding the originality and creativity of creators while ensuring the widespread dissemination of genuine work to the public. Meaning of IPR Intellectual property rights (IPR) encompass legal protections that safeguard creators’ original works, designs, product appearances, artistic creations, scientific innovations, and more. In the realm of the entertainment industry, copyrights and trademarks play pivotal roles. Copyrights can cover lyrics, music, dialogue, and screenplays. Celebrities have long utilized trademark law to generate profits for themselves. While intellectual property rights may seem to offer limited protection initially, strategic utilization can yield significant benefits and value for creations, facilitating the development, safeguarding, and monetization of groundbreaking technologies IPR Protection in Entertainment Industry Understanding the significance of intellectual property rights (IPR) laws is crucial, particularly in the context of the burgeoning Indian entertainment industry. This industry has experienced remarkable growth and is poised for further expansion, largely driven by its creative content. Therefore, preserving and upholding the essence of creativity, which is fundamental to the industry’s operation, becomes imperative. IPR laws serve as the primary guardians of one’s indigenous and creative works, ensuring the smooth functioning of the entertainment sector and ensuring that artists receive the rightful credit and recognition for their original creations. These laws and judicial mechanisms provide a conducive environment for creative minds to unleash their imagination and produce masterpieces of artistic expression. The importance of a distinguishable trademark in the media and entertainment realm cannot be overstated. A band or artist’s name is often the cornerstone of their career, offering them a unique identity in the industry. This identity forms the crux of how artists are perceived by the public. Similarly, film titles hold significant value and can also be protected under trademark laws. A filmmaker can choose to register the title of their film before starting production to prevent others from using the same name, but neither copyright nor trademark laws typically apply to film titles. Copyright is designed to encourage creativity by protecting works with a certain level of authorship, such as song lyrics. However, film titles generally do not meet this threshold of authorship required for copyright or trademark protection. This is why multiple films can have the same title, as seen in India where several films share titles like ‘Hera Pheri,’ ‘Dilwale,’ and ‘Dostana.’ Various organizations in India, such as the Film & Television Producers’ Guild of India (FTPGI), IMPPA (Indian Motion Pictures Producers Association), and WIFPA (Western India Film Producers’ Association), are commonly used to register film titles. However, registering a film title with such agencies only establishes priority in using the title and does not impact legal actions. The screenplay of a film is a key aspect eligible for copyright protection in the entertainment industry. It serves as a vital tool for conveying the unique narrative and distinguishing features of the film, encompassing detailed instructions for actors, scene descriptions, locations, cinematography, and other production processes. By registering the screenplay and script under copyright laws, filmmakers gain exclusive control over their creation. Additionally, film producers can adapt original books into films by obtaining consent from the authors and pay them through fees or royalties. Music, lyrics, and background scores play a crucial role in a movie and are subject to intellectual property rights in the entertainment industry. Previously, filmmakers could pay musicians and lyricists a fee to secure the rights to their creations under their production labels. However, following the Javed Akhtar vs Producer’s Guild case in 2010, lyricists and musicians have the right to claim copyright for their work and receive ongoing royalties instead of relinquishing the copyrights to the film producer in addition to the initial payment received.[2] Fictional character names can be registered as trademarks if they are also used as titles for movies or television series. Trademarks for characters like Sherlock Holmes, James Bond, and Harry Potter have been successfully registered internationally. Consequently, obtaining permission from the trademark owner is necessary for commercializing these characters. Noteworthy Case Studies T-Series vs Guruji.com A significant legal battle concerning music piracy occurred between T-Series, a major music company, and the website Guruji.com. T-Series accused Guruji.com of exploiting its music and video catalogs. According to T-Series, users searching for music on Guruji.com were directed to a music player linked to various pirated music websites. Guruji.com quickly gained a reputation as a pirated music search engine. On July 16, 2008, T-Series issued a legal notice to the site. Guruji.com defended itself by claiming it was merely acting as a typical search engine, guiding users to music content. Ultimately, the court ruled that Guruji.com had to remove search engine links for music from its site. However, the site was eventually shut down in 2011, marking T-Series’ victory against copyright violators. YRF v. Sri Sai Ganesh Productions[3] In the legal dispute between Yash Raj Films (YRF) and Sri Sai Ganesh Productions, YRF released the film “Band Baaja Baaraat” in December 2010. Around December 2011, the plaintiff discovered that Sri Sai Ganesh Productions planned to remake the film in Telugu. Despite issuing two cease and desist notices, YRF received no response from the defendants. The court ruled that copyright in a cinematograph film exists independently of its supporting works, considering each component and the film as a whole as distinct works. There was
Intellectual Property Rights in the Entertainment Industry: Protecting Creativity in Film, Music, and Literature
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