Introduction
The headway of digital technology has been probably the best creation of the human psyche. Innovation has cleared a path for a wide scope of potential outcomes in different regions like media, entertainment, communication, advertisements, and education. However, the simplified approach to the internet for any kind of information or work has given rise to great distress for violation of copyright.
It will be much better if it is understood what copyright means. Copyright is one of the most significant Intellectual Property Right (IPR) which signifies the rights which the owner or the creators possess for their literary and artistic works. It incorporates works like paintings, films, databases, maps, etc. Nowadays, digitalization has made it extensively easier to duplicate, imitate, and sell the works of a copyright owner without his consent. Also, the recognition of such encroachment gets troublesome. This has represented an incredible danger to the right of the copyright proprietors or makers.
Copyright Issues and Digitalization
With the pervasiveness of the Internet as an outstanding and completely new middle of the road of comprehensive human reports everywhere throughout the world, the insurance of copyright works has become a grave concern for the copyright owners. The deep-rooted legislations and their center ideas in copyright law must be returned, in order to gain advanced cultural record progress.
In this era of digitization, there are certain challenges which are faced by copyright. One of the major challenges is copyright and the internet. As it is well-known, the internet poses a much greater threat to copyright and also, it has been a danger for a long time. Copyrighted works incorporate works like images, books, graphics, videos, and so forth. The data accessible on the internet has fluctuating degrees of copyright security. The expanse of data accessible on the internet makes it hard to decide if the work is duplicated or duplicate of the ensured work. Everyone believes and it’s a myth too that the data available on the internet can be replicated uninhibitedly. Anyways, it is not really the case, except if the data has been made accessible by the government, or the term for copyright has lapsed, or the holder of the copyright has given up his right.
Violation of copyright in cyberspace comprises downloading and uploading like for instance downloading a range of files and software. These are downloaded on the hard disk of one’s computer. Basically, downloading includes making a duplicate or recreating the duplicate of the material accessible on the internet. Be that as it may, there are sure limitations which must be agreed to and the failure of which may bring about the offence. Apart from downloading and uploading, other works are also included like audio and video works. Copying these works also results in a violation. Computerized advances have made works with substantially more adaptability than in the past.
Another challenge is Multimedia works. A work may now comprise of scholarly, imaginative, melodic, and emotional components and may likewise incorporate a phonograph, what’s more, a cinematographic film. The idea of multimedia is very wide and incorporates inside itself a few classifications of material that incorporates text, sounds, audio, video, pictures, illustrations, presentations, live recordings of discourse and exhibitions, etc. For the most part, Copyright security is accessible to multimedia works. Protection of the rights of the makers and proprietor of the Copyright gets troublesome because of the assortment of rights accessible to copyright proprietors under the ambit of multimedia. The difficulty will get highlighted when increasingly more multimedia works will be made as new complex ones. The order of multimedia works is an issue that should be investigated inside and out.
Copyright and Digitalization with reference to India
Copyright in India is secured under Copyright Act, 1957 from that point forward a few amendments have been made from time to time to suit the changing needs of the general public and to guarantee insurance to the makers of the work. The main objective of the act is to secure the works of the creators and proprietors of the copyright against unapproved use. Also, recently another Copyright (Amendment) Act, 2012 was enforced which is considered to be more substantial.
The central idea or the objective for this enactment was to bring the act in congruity with World Copyright Treaty 1996 and WIPO Performance and Phonogram Treaty 1996. The Copyright Amendment Act of 2012 expanded its provisions for the security of copyright in work in the field of digitalization. It additionally set down provisions for punishments to be granted against the infringer, rights of management data, the obligation of network access suppliers, and presentation of legal licenses for spread form and broadcasting coordinator. This amendment act also aimed at laying down certain exceptions which means that certain acts will not result in copyright infringement, It has been explained that the storing of any work in any electronic medium, including the coincidental stockpiling of any computer program which is not an encroaching duplicate, does not establish infringement.
Conclusion
Even though this era of digitalization has provided many creators to show cause their work and creations effectively and efficiently as well, yet at the same time, it has given rise to concerns and distress regarding the copyright infringement issues. Though a lot of amendments and changes are made, still there is an area of improvement where a lot is to be done to protect the rights of the owners and proprietors.
This blog is written by Rashi Srivastava, Amity University.
Some of her blogs-
- RIGHT TO DIE: FUNDAMENTAL RIGHT?
- AN ANALYSIS OF NATIONAL IPR POLICY
- COPYRIGHT VS DESIGN
- DUAL CITIZENSHIP IN INDIA
Visit our Instagram page @lawyergyan at this link.
