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.
It plays a crucial role in preventing the unauthorized redistribution of digital media across various platforms. These technologies are specifically designed to safeguard copyrighted material by employing encryption methods. DRM encrypts digital content, making it accessible only to users who have been authorized to decrypt and access it. This process is instrumental in curbing the unauthorized duplication and distribution of copyrighted material and maintaining control over digital media from eBooks to streaming services. By implementing DRM, content creators and distributors can establish a secure framework that helps protect their intellectual property and ensures that copyrighted material is not freely disseminated without proper authorization.
- Blockchain and Copyright:
This is becoming a well-known and a powerful way to validate and confirm that digital assets are real. Blockchain, which uses a decentralized record, can track where digital works came from and who owns them. The decentralized and open nature of blockchain gives artists a new and safe way to claim and protect their rights over digital works. Creators can have a record that can be checked of the whole lifetime of their digital assets, from when they were made to when they are used. This not only makes it clear and impossible to change who owns something, but it also gives authors more control over how their digital works is used.
- Automated Monitoring Tools:
These tools, search the internet constantly to find instances of copyrighted material being used without permission. When this kind of use is found, these tools are set up to automatically make and send takedown warnings. This quick and automatic process makes sure that possible violations are dealt with quickly by telling the people responsible to stop using copyrighted material without permission. These tools are very important for copyright owners because they make it easier to protect their intellectual property rights and keep their material original and protected across all online platforms by automating the detection and notification process.
Judicial Interpretations
- Tips Industries Ltd. v. Wynk Music Ltd. [1]
The case marks a significant legal development in the realm of music streaming and copyright law. In its decision, the Bombay High Court made it clear that music streaming services like Wynk Music must get permission straight from the owners of the music before they can stream it. Even if these streaming services have a legal license from the copyright group, they still have to follow this rule. The decision sets a standard that shows streaming platforms need to work directly with copyright holders to make sure they follow licensing rules. This will help make sure that musical works are distributed fairly and legally in the ever-changing world of digital media.
- Myspace Inc. v. Super Cassette Industries Ltd[2]
The case is a ground-breaking ruling by the Delhi High Court on how to handle copyright violations on social networking sites. The court said that Myspace Inc. was guilty of copyright infringement because it hosted and shared protected works without getting permission from the owners. The decision makes it clear that social networking sites need to make sure that the material people share on their sites doesn’t break copyright laws. By making MySpace responsible for copyright violations, the court makes a strong point of showing that online platforms need to take strong steps to stop the illegal sharing of protected content.
- Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd[3]
The Supreme Court in this particular case held that FM radio stations that broadcast music are required to get individual authorization for each song that is played, regardless of whether or not they hold a copyright society licence.
- Super Cassettes Industries Limited v. YouTube& Google[4]
It has been said by SCIL that YouTube’s policy promotes and benefits from the usage of copyrighted content that is disseminated online without acquiring the appropriate authorization or compensating the original content providers. As a result of this, the High Court has granted an injunction against YouTube and Google, which prohibits them from duplicating, changing, distributing, transmitting, or displaying any audio-visual compositions that are solely owned by SCIL on their respective platforms.
- The chancellor, master and scholars of the University of Oxford & ors. V. Rameshwari Photocopying services and anr.[5]
At Delhi University, it was a frequent practice for copy shops to reproduce book suggestions from prescribed textbooks and then sell them at lower prices. This practice gave rise to the legal issue that occurred here. Both Rameshwari Photocopy Service and the University of Delhi were named as defendants in a lawsuit that was brought in 2012 by Oxford University Press, University of Cambridge Press (UK), Taylor & Francis Group (UK), Cambridge University Press India Pvt. Ltd., and Taylor & Francis Books India Pvt. Ltd. The complaint was filed against Rameshwari Photocopy Service and the University of Delhi. The Association of Students for Equitable Access to Knowledge (ASEAK) and the Society for Promoting Educational Access and Knowledge (SPEAK) were the organizations that filed the lawsuit.
However, when it was discovered that the photocopy service owned a valid permit to operate within the campus area of Delhi University, the writers were forced to abandon their cases against the defendants. An essential requirement for Rameshwari Photocopy Services was the possession of a reprographic license, which provided them with the authority to operate their business without encountering any legal issues. It was decided by the court that the act of copying content to facilitate the dissemination of information and promote educational opportunities did not constitute an infringement of copyright. As a direct result of this, the University of Oxford decided to withdraw its legal procedures.
Conclusion
In conclusion, copyright stands out as a strong foundation in the ever-changing digital world. It is necessary to recognize, reward, and value the creators who shape our world. The digital age makes it harder to share and consume material easily, but copyright is still very important and should be used as a guide for staying safe online.
It’s clear that digital technologies have made it easier to create and share works, but they have also made it harder to protect the rights of copyright holders.
Understanding that tackling copyright issues in the digital age is a multifaceted process, a complete plan is required that includes making copyright laws better, launching more education and awareness campaigns, coming up with new business models, and looking into technological solutions. When it comes to managing and protecting copyright in the digital world, it’s important to follow the rules and conditions set out in international agreements and treaties. Copyright law needs to stay effective and relevant in this quickly changing digital era. To make sure this happens, content creators, consumers, and governments need to work together. This will create an environment where people can be creative, work together, and value each other.
[1] Tips Industries Ltd. v. Wynk Music Ltd., 2019 SCC OnLine Bom 13087
[2] Super Cassettes Industries Ltd. v. Myspace Inc, 2011 SCC OnLine Del 3131
[3] Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd., (2008) 13 SCC 30
[4] 960 F.2d 301
[5] The chancellor, master and scholars of the University of Oxford & ors. V. Rameshwari Photocopying services and anr R., CS (OS) 2439/2012