Copyright Infringement In The Digital Age - An Analysis Of The Issues And Challenges In The Present Era

Author: LawSphereX

Category: Technology, Cyber & Privacy

Published: 2026-08-23T18:58:40.830Z

Updated: 2026-08-30T07:06:47.497Z

COPYRIGHT INFRINGEMENT IN THE DIGITAL AGE: AN

ANALYSIS

OF THE ISSUES AND

CHALLENGES

IN THE PRESENT ERA

Ritika Singh, UPES, Dehradun

ABSTRACT

In the digital era, copyright protection has become a major concern for content creators, publishers, and users. It has revolutionized the way we create, consume, and distribute content. As digital platforms proliferate, copyright holders face greater difficulties in securing their intellectual property rights. With the growth of digital technologies like the internet, social media, and mobile devices, it has now become simpler than ever to produce and distribute digital material such as music, movies, photographs, and text. As a result, it becomes crucial for authors, artists, programmers, coders, and owners/publishers of applications to maintain copyright protection for their creative and intellectual works and to hold onto their rights if such copyrights are violated.

The internet's global reach exacerbates this issue by making it more difficult to enforce laws consistently across borders. Given the transformative impact of creative work in the digital realm, establishing the bounds of fair use poses particular challenges. While usergenerated platforms provide exciting opportunities for innovation, they also complicate the concept of copyright ownership. Sophisticated methods of avoiding discovery, such as virtual private networks (VPNs) and encryption technology, often frustrate police operations. International treaties like the Berne Convention and the World Intellectual Property Organization's (WIPO) Copyright Treaty lay the groundwork for collaboration, although many countries do not follow these standardized regulations. This mismatch provides loopholes, allowing infringers to exploit states with lax enforcement.

DRM restrictions are usually circumvented by users, and in certain instances, these safeguards have come under fire for impeding permissive uses of digital content, such as fair use or personal copying. Unfortunately, the emergence of the digital age, characterized by digital technologies such as the internet, scanners, digital cameras smartphones, smart televisions, e-books, social media, etc. , has caused strain in copyright protection due to the relative ease of replication, manipulation, reproduction and dissemination of copyrighted materials in digital formats within the digital space.

This paper identified the following as the major challenges confronting copyright protection in the digital age; the ease in reproduction of copyrighted material, the ease in sharing & distribution of copyrighted, the availability of compact storage devices, and the challenge of detecting or tracing the sources of such infringement due to the apparent similarity between the original and the duplicate copies. The report acknowledges the legal reaction to this societal danger on both the international and local levels, notably the WCT, WTTP, and Copyright (Optical Disc Plant) Regulation. However, it was pointed out that the present local copyright policy is insufficient to meet the problem.

In addition to these legislative frameworks, this study advises that Nigerian writers and creators of creative media material implement independent modern technical methods like blockchain and watermarking technologies to secure their work and avoid unfair exploitation. Keywords: Copyright, Copyright Protection, Digital Rights Management, Digital Technologies, Fair Use, Digital Age. Introduction Copyright is a legal right granted to the creators or a group of individuals to protect their original work or creativity, which gives them the exclusive right to produce, distribute, perform, and display their work publicly. It is given for a limited time, during which the creators obtain compensation for their intellectual efforts. It is one of the aspects of intellectual property rights protecting the creators' works from being used without permission.

Copyright protection ranges to forms of creative expression, including literature work, films, music, code of software, and many more. However, copyright also emanates from the doctrine of fair dealing, which contains work used for purposes such as comment, criticism, teaching, research, and scholarship. Fair dealing does not create infringement. More importantly, copyright law strikes a balance between creators' rights and the public interest in access to and use of creative works. It promotes the creation of new works while allowing the knowledge and culture to be disseminated.

OBJECTIVES

1. To investigate the copyright law in the digital era.

2. Issue Analysis on Digital Copyright Infringement Issues.

3. To discuss the role of Internet Service Providers (ISPs) and online platforms.

4. Identify the economic and cultural impact of Digital Copyright Infringement.

SCOPE

The study ranges from the analysis of how copyright protection has been the primary concern of content creators, publishers, and users in the modern world. Besides, it encompasses WIPO, the TRIPS Agreement, modern technical methods like blockchain, and watermarking technologies to avoid unfair exploitation. It will also deal with the legal and practical challenges faced in implementing the rights of copyright holders. It will assess prevalent legal remedies provided it also will suggest reforms that will strive to enhance copyright challenges with the digitization age. STATEMENT OF RESEARCH PROBLEM This paper will examine the issues and challenges of copyright infringement in the digital age. How digital platforms have fostered copyright violations through new technologies, the paper will also touch on how current law-making is effective in addressing the issues.

Really, this will be a discussion about understanding the intermission between copyright laws and the evolving digital landscape with us identifying effective strategies to protect intellectual rights while balancing innovation and public access. Historical Background History is extremely important for India to understand the development of roots of copyright law, especially after changes and updates have been brought about due to changes in technology, international agreements, and societal needs. The law relating to Indian copyright can be traced back to the colonial period mostly under British rule. The first copyright law in India, the Copyright Act of 1847, was largely based on the British Copyright Act of 1842. The British Colonial government enacted in this act to guard British authors and their works in India.

To keep pace with developments in the United Kingdom, succeeding amendments were prepared to the copyright law in India. The UK Copyright Act, of 1911, was extended to India by an order issued by the British government in October 1912. Indian Copyright Act, of 1914 superseded the UK Copyright Act, of 1847, vesting copyright upon Indian authors and works. The Indian Copyright Act of 1914 was the first comprehensive copyright protection law of the nation and was highly influenced by the UK Copyright Act of 1911. It provided copyright with exclusive rights for its authors and established the system of registration for copyright. India, after gaining Independence in 1947, continued to function under the Copyright Act of 1914, which was amended in 1957 and replaced as the Copyright Act of 1957. The said act consolidated and amended the law relating to copyright in India.

The Copyright Act of 1957 afforded full protection to all types of intellectual productions, including musical and artistic works, cinematographic films, and sound recordings. Since the Copyright Act of 1957 was enacted, amendments have continued to be made to address new issues that have arisen and to bring national copyright law into tune with international developments. It enlarged the copyright to include not only literary and artistic but also music, films, and sound recording. The Act established a Copyright Board that resolved many copyright disputes on its own. India was also a signatory to International Copyright Conventions like Berne Convention and Universal Copyright Convention and articulated its laws according to international standards. Computer software protection was accommodated through the amendment of the Copyright Act in 1994.

It acknowledged the importance of the increasingly fast-growing software industry. The Copyright Act in the year 1957 has been amended several times to keep up with changes in the arena of intellectual property, digital technology, and globalization. It has been revised after 1957 in 1983, 1984, 1992, 1994 and 1999. Copyright Infringement in the Digital Age What Constitutes Copyright Infringement When a person uses a copyrighted work without the consent of the Copyright Holder and it violates the exclusive rights assigned to the copyright owner then it is considered Copyright Infringement. The exclusive rights include the ability to reproduce, display, perform, distribute, and create derivative works based on the copyrighted material. The following things must be met for a Copyright Infringement to occur: • The work must be original and fixed in a solid medium, e. g.

software, music, video, written texts, etc. • It ought to be valid and enforceable. Generally, it emerges naturally when an original work is created and doesn’t need to be registered.

Some examples of Copyright Infringement include: • Reproduction- Where the Person copies the work of another person as whole or in part without the permission of the Copyright Holder. • Distribution- Where the Person shares the copies of the work without any authorization either through physical means or through digital platforms. • Display- When a person shows the work of another person to the public without the consent of that person through exhibitions or artwork. Types of Copyright Infringement

1. Primary Infringement

It refers to the real act where1 the work of the copyright holder is copied. In such cases, the copyright holder is required to establish two things; a) Substantial Taking When a person who is not authorized for the work copies a substantial part of the work then only a copyright is infringed. When a court has to decide the case, first it tries to frame, how an ordinary person will recognize the work. If any ordinary person can recognize that the work is copied from some different source then it will be considered copyright infringement. If there are some minor alterations made in the work of a copyright holder, it will not affect the claim of infringement. b) Casual Connection To claim infringement the copyright holder must prove the similarity of works of the copyright holder and the infringer.

However, it could be there for several other reasons like both of them have used the same source for research. In such cases, the copyright holder cannot claim infringement.

1 https://blog.ipleaders.in/copyright-infringement/

2. Secondary Infringement

Secondary Infringement refers to the infringement of copyright work without actually copying it. It can happen in the following ways: a) Providing a place for Copyright Infringement If some person lends the space for money or allows other people to use it to share work with the general public, and sharing breaches copyright, then that person will be charged for it. b) Selling Infringing Copies It will amount to Copyright Infringement when a person dells copies of the work that infringes the rights of the copyright holder. c) Distributing Infringing Copies Copyright Infringement happens when a person distributes copies of someone else’s work which will break the law. d) Importing Infringing Copies When the infringing work of the copyright holder is imported to India in this case also Copyright Infringement occurs.

However, it will not be considered if the person has imported that work for his personal or domestic use. HYPOTHESIS In India, there is rapid growth in the consumption of digital content. Despite the presence of Copyright laws in the Indian Copyright Act, there is an increase in copyright infringement. To reduce the number of copyright infringements in the digital sphere, digital enforcement measures and public awareness campaigns must be reinforced. Digital Media and Copyright The internet has changed the way content is created and has completely changed how the content is produced, shared, and consumed. But the same infrastructure has also made it easy to break copyright rules, and often on a large scale. Here’s how the Internet facilitates copyright infringement through various mechanisms:

1. File Sharing

File share technologies have been a common way of copyright infringement, where they enable users to share protected content without obtaining permission from the authorities. • Peer- to- Peer (P2P) Networks A P2P network is a type of decentralized and distributed network architecture. Here the individuals, who are called “Peers”, act as both suppliers and consumers of resources. These networks can be used to share music, movies, software, and other electronic materials. The use of a P2P2 network for uploading, downloading, and sharing copyrighted materials can violate copyright laws. The latest generation of P2P systems, like Grokster, Streamcast, and KaZaa, are less centralized than the older Napster system. • Cloud Storage Cloud Storage3 is a cloud computing model that enables users to save important data on a remote from a third-party server.

A cloud-based service provider maintains and operates cloud storage, which is also known as utility storage. It has several benefits which include increasing accessibility and data backup. It has high storage capacity and low costs which are the most noticeable features. It also provides on-demand services and eliminates the need to own and manage your data storage infrastructure.

2. Streaming Platforms

Illegal Streaming Websites It is a portal that connects criminals directly to their targets in a possible way, where they sell, 2 https://www.lawctopus.com/academike/cyber-sharing-terms-peer-peer-networks-opportunity-challengeentertainment-industry/

3 https://www.spiceworks.com/tech/cloud/articles/what-is-cloud-storage/

https://en. wikibooks. org/w/index. php? title=The_World_of_Peer-to-Peer_(P2P)/What_is_Peerto_Peer_(P2P)/Legal_Perspective&action=edit distribute, or allow access to content without the permission of the copyright owner. It’s often claimed that illegally streaming is a ‘grey area’. people who provide unauthorized TV content are criminals, often with links to significant criminal organizations and activity. The money they make from people accessing their content is used to fund those crimes. With online streaming in high demand, law enforcement agencies are increasing their focus on dismantling pirate content networks, disabling illegal streams, sending offenders to jail, and contacting people accessing illegal streams or downloads with the threat of prosecution. • Social Media Platforms The content posted by users on social media sites like Facebook, Twitter (X), Pinterest, etc.

mainly includes videos, photos, songs, etc. which are used by third parties daily, both by individuals and companies whether or not they are users of social media, without being previously authorized by the owners of the rights. This practice constitutes a violation of Intellectual property rights inherent to such content.

3. VPNs and Anonymity Tools

A VPN (Virtual Private Network)4 is a type of internet service that allows internet users to browse the web anonymously and privately. It obscures users’ IP address which identifies the device and the location as well. During the pandemic number of firms began to use VPNs while their employees used to work remotely. In the case of business VPNs people use to utilize them for their personal use. One can use Private VPNs for some valid and legal reasons like protecting users’ data from hackers and facilitating teleworking, however, the present research indicates that around 50% of VPN users do so to access better entertainment content.

METHODOLOGY

The research will focus on doctrinal research with the help of case studies, legal analysis, articles, blogs, a review of policy measures, and any such information that helps in forming a

4 https://cms.law/en/hun/publication/vpn-and-copyright

https://www.dentons.com/en/insights/articles/2024/july/17/virtual-private-networks-a-new-frontier-forcopyrightinfringement#:~:text=Assuming%20geo%2Dblocking%20is%20an,the%20geo%2Dblocking%20TPM%3B%20 and good research paper. RESEARCH QUESTIONS I.

How has the rise of digital technology and the internet impacted copyright infringement? II.

How effective are existing copyright laws in addressing digital copyright infringement? III.

What role do online platforms, Internet Service Providers (ISPs), and technological advancements play in facilitating or combating copyright violations? IV.

What are the ethical considerations in balancing intellectual property rights with public access to digital content? Key Challenges to Addressing Copyright Infringement in the Digital Era

1. Technological Challenges

One of the negative effects of digitalization is that it has increased the possibility of copyright infringement5. Some of how digitalization acts as a threat to copyright protection are as follows: • Piracy It is an illegal act where materials like books, music, films, etc. are reproduced or disseminated. It violates the rights of an artist, authors, and performers of copyrighted works. It is the unauthorized use of copyrighted software. Several activities constitute software piracy manufacture of software, and diffusion of unlawful software via borrowing computer equipment, unauthorized personal use of the program, and unauthorized use of software for commercial purposes. • Linking It enables a user of one website to access another user using a link address shared on 5 https://ijird. com/the-importance-of-copyright-protection-in-the-digital-age-strategies-for-researchers/ the website.

Frequent connection often leads to infringement of the rights of the owner of the linked webpage. It may lead to the assumption that the two connected sites are the same, reducing the relevance of the linked6 site. There is a landmark case that deals with interlink and copyright infringement which is Ticketmaster Corporation V. Microsoft Corporation. Ticketmaster sued Microsoft for infringement for unauthorised deep linking to the Ticketmaster website. It was determined that deep linking did not infringe copyright law since there was no direct copying. • Social Media Social media platforms have emerged on a very large scale and are widely used for the purpose of connecting to people all over the world. Copyright breaches have emerged from the popular habit of sharing content such as pictures, videos, photographs, writeups, etc on social media.

There is a misconception that all content published on social media is open. Unauthorized sharing of content can lead to copyright infringement. Copyright-protected materials must not be stored, reposted, or shared. • Fair Use Doctrine and Anti-Circumvention Laws Section 52 of the Copyright Act deals with the concept of fair use which permits parts of copyrighted materials to be used without the owner’s authorization. Responsible treatment of any work that isn't a software application for secretive use, such as study, critique, or review of that work or any other work, coverage of current trends and market events, including the publication of a speech delivered in open, isn't a breach of the work. Anti-circumvention laws provide strong protection to copyright owners by giving them exclusive rights over their work for a certain period excluding the public from gaining access to it.

However, anti-circumvention laws are not implemented in India.

2. Constitutional Challenges of the Digital Age in India

Ø Right to Privacy In the landmark verdict of Justice K.S. Puttaswamy (Retd.) v. Union of India, (2017) 10

6 https://lawctopus.com/clatalogue/clat-pg/copyright-issues-in-digital-era/

https://www. brealant. com/the-digital-age-copyright-challenges-and-solutions-in-the-usa/ SCC 1, the Supreme Court of India upheld the right to privacy as a fundamental right under Article 21 (Right to Life and Personal Liberty). Challenges: Privacy rights may be violated and misused as a result of government and private organizations gathering, storing, and processing personal data. • The right of an individual to maintain the security and privacy of their personal information is put at risk by surveillance tactics and data breaches. Ø Right to Information The right to information is also covered under Article 19(1)(a), which is essential to transparency and accountability in government. Challenges: • Strong data protection and access controls are required as a result of the growing digitalization of government records and services.

This will guarantee that citizens may exercise their right to information without affecting security or privacy. • Cybersecurity threats may hamper the availability of data and e-governance services. Ø Digital Divide and Right to Equality The rights to equal protection under the law and equality before the law are guaranteed under Article 14. Challenges: • It is difficult to guarantee equitable access to digital resources, opportunities, and services due to the digital gap that exists between urban and rural locations as well as across various socioeconomic categories. • To eradicate discrimination and guarantee inclusive growth and development, bridging this gap is essential.

Ø Freedom of Speech and Expressions The Indian Constitution's Article 19(1) (a) guarantees the freedom of speech and expression. Challenges: • This freedom can be curtailed by internet shutdowns, censorship, and online content regulations. • The improper use of social media to spread hate speech, false news, and defamatory information makes it more difficult to strike a balance between the right to free speech and the preservation of national security and public order. • Judicial Oversight and Law Enforcement • Articles 32 and Article 226 empower the Supreme Court and High Courts respectively to issue writs for the enforcement of fundamental rights. Challenges: • Balancing judicial oversight and law enforcement in the digital realm involves addressing issues like jurisdiction, the admissibility of digital evidence, and the protection of digital rights.

• The rapid evolution of technology often outpaces legislative and judicial responses, leading to legal ambiguities and enforcement challenges. Ø Intellectual Property Rights (IPR) Article 19(1)(g) provides for the right to carry on a trade or profession, trade or business. Challenges: • Protecting intellectual property rights in the digital age involves addressing issues like digital piracy, copyright infringement, and the unauthorized use of digital content. • Balancing IPR protection with access to knowledge and digital content for educational and public interest purposes is a significant challenge.

International Legal Framework to Copyright Infringement in the Digital Age Through unprecedented increases in the sources of information, digitalization has transformed the world into a global village. It has also presented a challenge which if not addressed promptly then it has the potential to plunder the world’s civilisation and economic activities through piracy and all other forms of copyright infringement. The Berne Convention for the Protection of Literary and Creative Works (1886) was the first worldwide reaction to the protection of copyright in literary and creative works. There are only 10 member states who have signed the treaty. It was later updated in Paris in 1896, Brussels in 1948, Stockholm in 1967, and Paris in 1971. This convention suggests minimal standards for copyright protection.

It has crucial aspects of national treatment and the rule of no formality, like registration. National treatment states that an author of one contracting State is entitled to the same protection in another contracting State as the authors of the latter receive and the concept of no formality states that the contracting states may not require any formality, like registration, as a prerequisite to protection. It is easier to illegally reproduce and distribute intellectual works through the Internet without paying any compensation to the proprietors. The incapacity of the Berne Convention to address piracy in the digital area made it necessary to bring certain modifications to the existing framework to address the issues of intellectual theft.

Thus, the World Intellectual Property Organization Copyright Treaty (WCT), and the World Intellectual Property Organization Performances and Phonograms Treaty (WPPT) were established to secure the rights of authors and content creators within the digital space. • World Intellectual Property Organization Copyright Treaty (WCT) 1996 The World Copyright Treaty is a special agreement that aims to address copyright protection in a digital environment, primarily in the distribution of digital content on the Internet. Under this member countries are required to prioritize certain rights, like author rights, such as exclusive communication, rental, and reproduction.

The WCT7 grants protection for any work in the digital space for 50 years, and advocates for member states to develop effective legal remedies against circumvention of technological procedures and persons who delete or alter copyright owner information. It recognizes the impracticality of protecting copyrighted work

7 https://www.wipo.int/treaties/en/

https://www. legalserviceindia. com/legal/article-13408-berne-convention-and-position-of-india-at-aglance. html#:~:text=India%20is%20the%20member%20of%20berne%20convention%20of,trade%20related%2 0aspects%20of%20intellectual%20property%20rights%20%28TRIPs%29%2C1995 alone through technological measures due to advancements in science and technology. The treaty also considers computer programs and database compilation as subjects requiring copyright protection. The WCT aims to protect the rights of authors and ensure the protection of digital content.

• World Intellectual Property Organization Performance of Phonogram Treaty (WPPT) 1996 The WPPT like the WCT set out to supplement the provision of the Rome Convention for the Protection of Performers, Producers of Phonogram and Broadcasting and as such, was particularly focused on securing the rights of movie makers, actors, artists, and singers who are generally regarded as performers under the Treaty, and creators of audio recordings on digital formats and distributed over the internet. However, According to Peters, (2006), its main focus is concerned with protecting rights associated with the storage, transmission, and distribution of digital performances and phonograms and the anti-circumvention measures.

In line with these provisions, the United States of America Congress in 1998, domesticated these provisions through the enactment of the Digital Millennium Copyright Act (DMCA) which among other things, criminalized circumvention practices by copyright violators. Domestic Laws related to Copyright Infringement on Social media platforms The Copyright Act of 1957 in India protects various works, such as literary, dramatic, musical, artistic, cinematograph films, and sound recordings. It has been amended several times and the

2012 amendment was the most virtuous change made., which was brought to comply with the

WIPO Internet Treaties. The WCT and WPPT grant authors rights such as distribution, authorization, communication, and reproduction. The Internet Treaties require Contracting Parties to provide legal remedies against technological measures and information protection for author rights. However, the Act of 1957 does not address social media sites or intermediaries. The Information Technology Act of 2000 provides for the 'safe harbor8' for intermediaries, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, superseded the 2011 Rules. These legislative frameworks address 8 https://www. ipcareers. co. uk/profession-overview/article-13-copyright-socialmedia/? __cf_chl_tk=L8KagcZKCXh833glG1QtSKNsxSP5. Wz0xQuJJuXELrc-1731821439-1. 0. 1. 1ibiH8w3ac. K_zaGnrAQQ1tSpfiBlSSsy37kcqETAWbI infringement of copyright on social media platforms.

a) The Copyright Act, 1957 The Copyright Act of 1957 was enacted in India post-independence in 1947, it has the exclusive right to perform acts of economic rights concerning a copyrightable work or authorize someone else to perform such acts. The term of copyright in India is generally for the lifetime of the author plus sixty years after the death of the author. This Act provides certain cases in which the copyright is deemed to be infringed, without obtaining the license from the owner where the infringer either performs any exclusive right to perform or for it being the profit for the communication of the work which has been infringed except being aware of the reasonable grounds. Section 30A of the Copyright Act, 1957 provides that the principles of 'Modes of Assignment' provided under Section 19 of the Act shall also apply to license provisions.

Most of these conditions are fulfilled by the 'Terms of Service' agreement of social media sites, except the sign. Thus, the absence of such a condition raises questions about the validity of the Terms of Service. The Copyright Act not only protects work in physical form but also online works, such as photographs seeking protection as artistic work under the Copyright Act of India. In various cases, like Fairmount Hotels Pvt. Ltd. V Bhupender Singh, the Delhi High Court recognized that copyright exists on photos posted by users on Facebook. The plaintiff filed a suit of copyright infringement against the defendant, and the Hon’ble High Court pronounced the judgment in favor of the plaintiff. In M/s Shree Krishna International and Ors. v Google India Pvt. Ltd. and Ors.

(2022) 90 PTC 281 (Bom), the plaintiff filed a copyright infringement suit against the defendants, alleging that the defendants had displayed the copyrighted content of the plaintiff, including sound recording, cinematograph films, and audiovisual songs, on their platform without seeking permission from the plaintiff. The District Court of Gurgaon gave the decision in favor of the plaintiff, not considering the plea of the defendants that they did not have any knowledge of the said infringement taking place on its platform. Therefore, if any work is posted by the alleged infringer on a social media platform and he can prove to the court that the work posted is different from that of the copyrighted work, he could be exempted and seek the benefit of the fair dealing doctrine.

Hence, in India, the law on the fair dealing doctrine concerning social media is not settled and depends on the facts and circumstances of cases, however, from the abovementioned judgments it could be observed that Indian courts have tried to lay down principles similar to that of ‘four-factor test’ observed under the US copyright law. The 2012 amendment brought in changes in consonance with WCT and WPPT, i. e. , the addition of Sections 65A and 65B. Both these provisions help the user protect the copyright of the content posted online. Section 65A protects the circumvention of technological measures and section 65B protects the rights management information. Amongst others, blocking orders has proved to be the most beneficial remedy in cases of copyright infringement in the virtual sphere in India.

Unlike the UK, the copyright legislation of India does not have any provision that deals with blocking orders against online websites that are knowingly publishing, displaying, or hosting infringing content (copyrighted content), however, the Indian judiciary has exercised its discretion in issuing such orders. b) Information Technology Act, 2000 (IT Act) Social media platforms are considered intermediaries, as they receive, store, and transmit information about individuals to their friends, subscribers, and followers. The IT Act, Section 79, provides a 'safe harbor9' provision that exempts intermediaries from liability for third-party information, data, or communication links made available or hosted by them.

However, if the intermediary fails to remove or disable access to material after receiving actual knowledge or being notified by the appropriate government or agency of an unlawful act, they cannot escape liability. Before the Shreya Singhal v Union of India, (2015) 5 SCC 1 judgment in 2015, the IT Act and the Information Technology (Intermediaries Guidelines) Rules, 2011, gave intermediaries discretion to remove or block access to content they considered unlawful. This led to an increase in frivolous complaints and the takedown of content of bona fide users. The Supreme Court of India in Shreya Singhal's case read down Section 79(3)(b) of the IT Act and some provisions of the Intermediary Rules 2011, narrowing down the interpretation of the provisions. 9 https://abounaja.

com/blog/copyright-infringement-on-social-media - :~:text=The unauthorized reproduction of copyrighted,or have permission to use. https://www. legalserviceindia. com/legal/article-10639-copyright-protection-in-the-digital-age-challenges-andsolutions. html#google_vignette Post the judgment, intermediaries can only take action once notified by governmental authority. If a user is aggrieved by content posted on social media sites, they must complain to the government or courts, not the intermediary. While intermediaries in India can seek protection under the 'safe harbor' provision under the IT Act, there are some restrictions attached to this protection. c) Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules,

2021 (2021 Rules) were notified by the Ministry of Electronics and Information Technology to

amend the 2011 Rules due to the increased incidents of violence on social media platforms. The 2011 Rules provided standard guidelines for intermediaries to follow, but the government needed to address certain loopholes for better enforcement. The 2021 Rules aim to increase the accountability of social media platforms and empower ordinary users by establishing a threetier redressal mechanism for efficient grievance resolution. They require social media platforms to adhere to these rules within three months, ending on May 25. Despite being challenged by many on grounds of violation of free speech, the government clarified that these rules permit social media platforms to operate freely in India by the law. The rules provide due diligence, grievance redressal mechanisms, and a separate Code of Ethics for OTT platforms.

However, ambiguities exist regarding the rules, such as imposing additional requirements and widening the ambit of the IT Act, of 2000. The 2021 Rules also prescribe a new set of requirements in the form of a 'Code of Ethics' for digital media, which lies outside the scope of the Parent Act. The 2021 Rules define new categories of intermediaries, such as Social Media Intermediaries and Significant Social Media Intermediaries, and regulate 'digital media', defined as digitized content transmitted, processed, edited, etc. by intermediaries and 'publishers'. However, sections 69A and 79 of the IT Act, 2000 clearly state that the rules issued would apply to intermediaries, and no mention of 'publishers' is made in the parent Act. Literature Review: The rise in digital platforms and duplication and distribution of content have led to widespread copyright violations of copyright laws.

This paper examines the key challenges such as the impact of digital piracy on industries like music and film, and difficulties in enforcing copyright across international borders. The limitations of current legal frameworks in tackling infringement are also addressed here and it highlights the role of technology in both facilitating and combating copyright violations, such as the use of DRM and automated content recognition systems.

CONCLUSION

The digital revolution has, of course, irrevocably changed the copyright protection landscape. While it has democratized content creation and distribution over a greatly increased potential audience, the protection of copyright has never been more challenging. Digital information can be easily reproduced, distributed, and altered; hence there is widespread copyright infringement. Copyright infringement is rapidly becoming a new-age issue and largely hinges upon the global spread of the internet, the fast exchange of digital content, and technological changes. This paper examines the point that traditional copyright laws struggle to keep pace with some of these developments and there is a certain gap regarding enforcement and protection of intellectual property.

The ease of replication of content on digital media has accelerated infringement, to be met by incessant battles by content creators, policymakers, and industries to protect their creative works. The domestic and international legal frameworks struggle to keep up with technological strides that have been made thus far. Treaties such as the Berne Convention and the WIPO treaties provide a foundational framework but are complex in terms of enforcement and adaptation to the digital age. This is the area where Indian domestic laws have provided relief though are usually inadequate in dealing with the dynamics of the rapid spread of digital copyright infringement.

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