The Evolution Of Copyright Law In The Digital Age
Author: LawSphereX
Category: Technology, Cyber & Privacy
Published:
Updated:
THE EVOLUTION OF COPYRIGHT LAW IN THE DIGITAL
AGE
T J Alok, LLM, NUALS, Kochi
ABSTRACT
The Modern-digital age has significantly reshaped copyright law, requiring major adaptations to meet the challenges of rapid technological advancements. Traditional copyright systems, designed for physical media, have struggled to keep up with the unique characteristics of digital content distribution, which is fluid and global. The internet has provided unprecedented access to creative works, bringing both opportunities and challenges in protecting intellectual property rights. This paper discusses the evolution of copyright law in response to these changes, highlighting key legal reforms, court rulings, and international treaties that have influenced modern copyright frameworks. A critical aspect of this evolution involves balancing innovation and creativity with fair compensation and protection for creators.
The rise of peer-to-peer networks, digital piracy, and contentsharing platforms has tested existing legal structures, prompting legislative responses like the Digital Millennium Copyright Act (DMCA) in the U. S. and the Indian courts have also adopted a rather new concept for reducing electronic piracy that is the John doe order and The Information Technology Act, 2000 also provides provisions for imprisonment and fine for illegal distribution of copyright protected work through Internet. These reforms address digital infringement complexities while considering user rights and public interest. Additionally, the paper delves into ongoing debates surrounding copyright duration, fair use, and the role of intermediaries in the digital space.
The internet's global nature highlights the necessity for harmonizing copyright laws, leading to the formation of international treaties and agreements. The research examines the dynamic and complex landscape of copyright law in today’s digital environment, considering recent case law and emerging technologies such as blockchain and artificial intelligence (AI), which impact copyright enforcement and innovation. Ultimately, the paper advocates for a nuanced approach that balances the interests of creators, users, and society, ensuring that copyright law remains relevant and effective amid continuous technological changes. Keywords: The John doe order, Artificial intelligence (AI), Digital piracy, The Information Technology Act, 2000, blockchain
Introduction Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish. 1 Intellectual property is a form of intangible property created by human beings using their intellect. The main characteristic of such property is the exclusive use of mind in its creation. The most important types of intellectual property are as follows: a.
Trademarks- It is a symbol which helps to distinguish one product from another and which marks out the origin of goods. It may include shape of goods, its colour, packaging etc. A person who sells his goods under a particular trademark acquires a limited exclusive right to use the mark in relation to the goods. The Trade Marks Act of
2003 governs and regulates the use and assignment of trade marks.
b. Patents- This particular right is granted to an invention. It is granted to an inventor who has invented a new useful article or made an improvement to an existing article or came up with a new process of making an article. The law relating to patent is the Patent Act of 1970. The object of this Act is to encourage scientific research and new technology. c. Geographical Indications- These are indications that identifies the geographical region of origin of goods. Such a name portrays an assurance of quality and distinctiveness which is attributable to its origin. The Act that governs this type of Intellectual property is the Geographical Indications of Goods (Registration and Protection) Act,1999. d. Copyrights- The law relating to copyright is provided under the Copyright Act of 1957.
It is generally granted to author, composer or producer of a literary workers which include cinema, musical works etc. The person who owns such a right is invested with the exclusive privilege of multiplying copies of the same and publishing them for a specific period.
1 (https://www.wipo.int/about-ip/en/)
Copyright Copyright is a type of Intellectual Property that provides protection to original works of creators. These term ‘works can include literary, artistic creations. That means protection can extend to books, articles, paintings, advertisements, movies, plays, music and sound recordings, computer programs, photographs etc. This is provided under Section 13 of the Indian Copyright Act of 1957. Any creative works with originality and uniqueness can be protected under copyright. By virtue of copyright, it grants exclusive ownership and control to the creators of ‘original’ creative work. They have the absolute and exclusive right to reproduce, distribute, adapt and display the work. Most importantly, Originality is sine qua non of Copyright Law. This protection is granted to owners or creators of these works or to any person who is duly licensed in this regard by original owner.
A work is automatically protected by copyright from the moment it is made, and registration is not mandatory. To be better protected, it is always advisable to get a registration. Copyright registration is only prima facie evidence of an entry regarding the work in the Copyright Register kept by the Registrar of Copyrights; it confers no rights. In India, “copyright” is governed under the Copyright Act, 1957; that is now the Copyright (Amendment) Act, 2012. Section 14 of the Act states the meaning of copyright as the exclusive rights provided to the owner of the original creation to reproduce, publish, broadcast, and have authority to sell, rent and distribute his creative work.
It is a legal right provided for the protection of all kinds of intellectual and creative works like literary work, sound and music recordings, photographs, drama and movie production/ recording, artistic work, sculpting, manuscripts, software, computer programs/ codes, videos, and graphic arts, whether produced offline or online in the age of the internet, but should not be created through artificial intelligence. Copyright comprises multiple rights and is stated as a ‘bundle of rights’. The main object of protecting such works is to prevent plagiarism and unfair exploitation of creative work. Along with that this is a form of material benefit to the creator and it is necessary to ensure encouragement of their creative work which is the result of their own ideas and intellect so that the society can make cultural progress.
Also, since this protection is not only afforded to authors but also to publishers of such work, if others were entitled to copy their works and profit from their sale, such persons would be hesitant to invest their resources in publishing and circulating original works. Not all works are covered by copyright. For a work to be protected by copyright, it must be
original. According to copyright laws, the author's "expression" of the idea in the work must be unique and cannot be replicated from another source. Another important aspect is that the originality of the created work or creation in question determines whether or not it is protected by a copyright, not its quality or style. There are certain aspects which cannot be protected by copyright. These include ideas, procedures, methods, titles, names, works not in tangible form cannot be copyrighted. Evolution of Copyright The development of printing presses in Europe throughout the fifteenth century necessitated the creation of a copyright legislation. Before that, the laboriousness of manually copying a book meant there was no need for a legislation safeguarding the copying of books or manuscripts.
Since printing was developed in Europe, there has been a need for legislation that forbids the illegal production, sale, or import of books. In England the first law was enacted in the year 1709. However, it was in the year 1914 that our country introduced the first ever comprehensive legislation, Copyright Act 1914, which was enacted with reference to English Copyright Act, 1911. It provided exclusive rights to authors and established a registration system for copyright. The evolution of this law took a significant turn after independence. The Copyright Act 1957 was enacted based on the recommendations given by the Berne Convention for Protection of Literary and Artistic Works (Paris Act,1971) and also the Universal Copyright Convention 1952. This particular legislation was amended several times in 1984, 1992, 1994 and 1999.
The recent legislation which stands now is the Copyright Amendment Act of 2012. International Treaties and Conventions with regard to Copyright Law Global Harmonisation of the copyright:
1) Berner convention for protection of Literary and artistic work:
The Berne Convention for the Protection of Literary and Artistic Works (1886) ensures automatic international copyright protection for creators of literary and artistic works, without formal registration. It mandates national treatment, minimum protection standards, exclusive rights for reproduction, translation, and performance, and upholds authors' moral rights across member countries.
2) Universal Copyright Convention (UCC), Geneva Act of 1985:
The Universal Copyright Convention (UCC), Geneva Act of 1985, aimed to update and
modernize international copyright protection, providing an alternative to the Berne Convention. It set standardized copyright rules, requiring formal registration or notice for protection, and ensured reciprocity between countries, particularly benefiting nations not part of Berne.
3) Agreement on trade related aspects of intellectual property (TRIPS), 1994:
The **TRIPS Agreement (1994)**, under the World Trade Organization (WTO), establishes minimum standards for protecting and enforcing intellectual property rights across all member countries. Covering patents, trademarks, copyrights, and trade secrets, it aims to harmonize global IP laws, fostering innovation, trade, and balancing public health and economic interests.
4) WIPO Copyright Treaty, 1998:
The **WIPO Copyright Treaty (1998) **, administered by the World Intellectual Property Organization (WIPO), enhances copyright protection in the digital age. It addresses challenges posed by digital technology, protecting creators' rights for electronic distribution, communication, and storage of works, and introduces measures against copyright infringement in digital networks, including the internet. Copyright versus freedom of speech and expression Seeing from a different angle, copyright is not a positive right to do something but rather confers a negative right which restricts others from copying the original work of an author. This means that it would be like a right of one person would be a restriction on another.
Since the law of copyright protects the right of one person and restrains another from exercising corresponding rights, the question naturally arises as to whether the right of copyright owner infringes the freedom of expression of another under Article 19(1)(a) of the Constitution. 2 Article 19 forms one of the most important Fundamental Rights guaranteed to the citizens of our country and its forms part of golden triangle- Article 14, 19 and 21. Article 19 to 22 is titled Right to Freedom. Every citizen is entitled to the freedom of speech and expression under Article 19(1)(a). One of the most prized rights of a citizen is the freedom of speech and expression, which forms the cornerstone of a democratic society. It gives people the freedom to voice their opinions and ideas without fear of retaliation or restriction, which benefits the advancement of the country.
The public is also given access to a variety of media, newspapers, article writing, and other forms of communication for the purpose of expressing and
2 Article 19(1)(a) of Constitution
exchanging ideas. It should be highlighted, although, that this kind of right is subject to some justifiable limitations in order to safeguard other rights, such as those that are violated by the abuse of this right. It is also important to note that unlike defamation, contempt, morality and the like, copyright is not one of the specified restrictions under Article 19(2). 3 Copyright and Cinema Cinematography film According to section 2(f) of the copyright Act, 1957, as amended by the amendment of 2012, means any work of visual recording including any work produced by any process analogues to cinematography including video films. The protection is extended to the sound recording accompanying such visual recording. The ambit of cinematographic films will cover, but not limited to, feature films, documentaries, and even animated movies.
If the original version of any film is in the public domain, anyone can remake it. However, whether the remake will enjoy copyright or not, depends on the availability of sufficient new expression. Sound recording is a recording of sounds from which such sounds may be heard later. The medium or the method by which the sounds have been created does not matter. The only condition is that the sound recording should be original. If an originally composed audio recording is fixed on a medium such as CD-ROM or pen drive, it qualifies for protection under copyright. Along with all this computer software, video games, YouTube videos, audio-visual works all would come under subject matter of copyright. 4 Fair Use and Licensing There may arise some cases or rather exceptions in which a copyrighted work can be used without infringing the owner’s right.
These are Fair Use and Licensing: Fair Use- "Fair use" rationale permits the use of a small amount of content without incurring any fees. Utilizing a small, unrestricted section of the copyright-protected work is beneficial. Fair use of the protected content should not diminish the original work's true market worth. The justification of ‘fair use’ allows the right to use a small portion of content without any penalty. It helps to use a very limited portion of the copyright-protected work with few restrictions. The actual market value of the original work should not be affected by fair use of the protected content. Examples of fair use is quoting from a book protected under copyright. This is provided under Section 52 of the Act. That means this can be done for private or personal use including research, for criticism or reviewing the work, for reporting the current
3 Facets of Media Law- MADHAVI GORADIA DIVAN- EBC PUBLISHERS- 2nd edition
4 IPLEADERS- What is copyright- Ishani Samajpati - https://blog.ipleaders.in/copyright/#Cinematograph_films
events including lectures in public. 5One of the famous US Supreme Court cases here is Sony Corp. of America v. Universal City Studio6 also known as the ‘Betamax Case’ . Here the court ruled that the making of complete copies of individual television shows for the purposes of time shifting does not constitute copyright infringement but it is a fair use. Licensing- If one has a license then that person could use the copyrighted work. It is like a form of permission to use the work. An individual may approach the owner of the copyrightedprotected work to request a right to use whole or specific portions of the content. The owner can provide a license with terms and conditions. There is a type of license which is Creative Commons License and it enables the user of the copyrighted work distribute the work. This license provides public permission to use the work.
7 It is important to note that it works with respect to existing work as well as future work. This is provided under Section 30 of the Act. 8 The owner of the copyright in a work may grant any interest in his copyright to any person by license in writing, which is to be signed by him or by his duly authorised agent. Copyright Act 1957 v. 2012 Amendment The Copyright Amendment Act 2012 The Copyright Act,1957 Moral Rights and Author's Strengthened the moral rights of authors, ensuring they have the right to claim authorship and object to any Focused more on the economic rights of authors, Rights providing authors with exclusive rights over their distortion or creations.
including for adaptations and translations. Rights of Performers Strengthened performers' Provided basic protection rights, granting them exclusive rights over their performances, including the for performers but was limited in scope right to reproduce, broadcast, or communicate their work. Performers were also given rights to royalties from commercial use. Digital Rights and Use of Addressed digital rights and Did not account for the digital era, as it was created Technology issues like making works available in digital formats, before the rise of digital ensuring copyright protection in the digital media and the internet.
space, and providing safeguards against unauthorized use of digital works Fair Use and Exceptions Expanded fair use provisions, especially for Provided certain fair use exceptions, but they were educational and research purposes, allowing works to not well-adapted for education, research, and be used for classroom digital uses teaching and online education without infringing copyright.
visually impaired persons without requiring permission, fostering greater accessibility. Registration and Term of Copyright Registration of copyright is an optional thing to be done. If one has to register their copyright it has to be done at the copyright office. This is mentioned under Section 44 and it states that a register has to be kept with the details of the owner or author and work. As per the case Nav Sahitya Prakash v. Anand Kumar there is no provision under the Act which deprives an author of his rights merely for non-registration of his copyright. The registration is neither mandatory nor condition precedent to sue for damages for infringement of copyright. This just comes as an evidence or proof to show that such a copyright is protected. The complete process is provided under Chapter X of the Copyright Act 1957 that means from Section 44 to Section 50A.
In the event of a disagreement, Section 48 states that the information about the work listed in the Register of Copyrights serves as prima facie evidence in court. Without additional documentation or the need to provide the original work, a certified copy of the information sealed with the Copyright Office's seal and signed by the Registrar of Copyrights is accepted as evidence in any court. When it comes to the term of copyright that means the period during which such rights subsist depends. The main thing is to ensure protection to the creator of the work for longest possible time and also to bring the work to a public domain. Copyright is not a perpetual right. It exists for a specific term. After the expiry of the term, the ‘work’ falls in the public domain and is then open for the public to use without permission of the owner.
In other words, copyright is a term based right and not a perpetual right. Prior to 1992 Amendment the term of copyright in the case of literary, dramatic and musical work other than photograph published within the lifetime of the author lasted 50 years after the death of author. Then it has been extended to 60 years. In the case of posthumous works, which have not been published during authors lifetime the term is 60 years from the first publication of the work. Rights of Copyright Holder A set of legal rights that are attributed to the original creator of an original work of authorship,
such as a work of software, music, film, or literature, are referred to as "copyright." It is under the control of the original creator or the owner of the copyright. This is provided under Section
149 of the Act. There are two types of rights granted to the author/owner in this regard and they
are Economical Rights and Moral Rights. The former rights are the exclusive rights provided and it includes the right to reproduce, issue copies, right to perform at public, right to adaptation and translation and so on. Next set of rights are Moral Rights. Since a literary or creative work reflects the temperament of the creator, the Copyright Act, 1957 also protects ethical rights in addition to economic rights. This is because the author's desire to protect the body and soul of his work from infringement and commercial exploitation is reflected in the economic rights. Article 6 of the 1886 Berne Convention, officially known as the World Convention for the Protection of Literary and Ingenious Works, upholds these rights. Its fundamental clause is based on the national treatment concept, which regards the other good as one's own.
These set of rights are provided under Section 57 of the Act. 10 Here we have right to paternity and right to integrity. As per right to paternity the owner will get the right to prevent others from claiming authorship of the work and right to assert authorship of the work. With respect to right to integrity we have right to claim compensation or damages, right to restrain. 11 Infringement and Remedies If any other person uses the protected copyright for any other purpose without owner’s consent or infringes their right then The Copyright Act 1957 comes to the rescue and provides the remedies for the same. This means that if there arises any unauthorised use of copyrighted work then there arises an infringement. So, in such cases the person who is using such protected copyright is basically violating the authorised owner’s right to reproduce, distribute such work.
As per Section 51 of the Act12 an unauthorised use happens when Any action taken by someone without the copyright holder's permission is something that only they are authorized to do or when A person grants permission for the use of the site for the transmission, sale, distribution, or exhibition of an infringing work, unless he was not aware of the infringement or had reasonable suspicion that such authorization would result in a copyright violation. A copy of a work that has been pirated is brought in or there arises a situation where Someone copies his work without getting permission from the owner of the copyright. 13
9 Section 14 Copyright Act 1957
10 Section 57 Copyright Act 1957
11 IPLEADERS, Copyright Act, 1957, Shalu Gothi- https://blog.ipleaders.in/an-overview-of-the-copyright-act- 1957/#Important_sections_of_the_Copyright_Act_1957
12 Section 51 Copyright Act 1957
13 IP&LEGALFILINGS- Copyright Infringement and Remedies: An Overviewhttps://www.ipandlegalfilings.com/copyright-infringement-and-remedies-an-overview/
There are two remedies of remedies available in these instances- Civil remedies and Criminal Remedies. The civil remedies are provided under Section 55 of the Act. 14 The basic civil remedies include Interlocutory Injunction, Pecuniary Remedies. Pecuniary remedies is provided in Section 55 to 58 of the Act and its basically talks about Accounts of profits which allows the Author of the right to claim the sum of money equivalent to the profit which was made by the infringer through their unlawful conduct and also Compensatory damages which allow the Author of the right to claim the adequate compensation and damages due to him for any loss he may have suffered due to the infringement of his work. Then we have Criminal Remedies under Section 63 of the Act.
15 So anyone found guilty of wilfully violating or aiding in the violation of a work’s copyright will be sentenced to at least six months in prison and a fine of at least 50,000 rupees. There is another important provision which is 63A whereby in such cases if person who is found guilty a second time faces an additional sentence of imprisonment for a term not less than one year and a fine that cannot be less than one lakh rupees due to the widespread copyright infringement. According to Section 63B, a person who intentionally uses an illegal copy of computer software on a computer faces a minimum sevenday sentence in jail and a fine of at least 50,000 rupees. 16 Copyright in the Modern Era As we all live in a world where technology is advancing day by day, the issues related to copyright are also increasing.
The publishers, distributors, and content creators must deal with the issue of unfiltered, duplicate, and pirated material spreading quickly over international marketplaces. For instance, prior to a film's official release, it is frequently possible to download it using torrent. Currently, pirated versions of games and movies are frequently uploaded to YouTube, resulting in significant financial losses for the original creators of the content. These days especially after the COVID-19 Pandemic era there was growing dependence of online social media platforms. Everything is run by computer programming and hacking of these are becoming simpler and cost effective. Hence, it becomes important for content creators, artists, programmers, coders, application owners/ publishers to keep their creative and intellectual works protected through copyrights.
The new technologies have made the administration and protection of copyright quite difficult. It has made reproduction, distribution
14 Section 55 of Copyright Act 1957
15 S 63 of Copyright Act 1957
16 Supra (5)
and communication of works easier and within the competence of ordinary individual. Now copies can be made at an amazing speed with absolute fidelity to the original and transmitted over past distances and dispersed to millions of people in a few minutes or even seconds. Our country India, had made efforts to progress and follow the international laws and also to amend laws to meet the challenges faced due to technological advancements.
The Copyright Act of 1957 has undergone numerous revisions; among the most significant ones are The 1994 Amendment Act sought to protect computer software and the broadcasting and telecasting of advanced communication media; the 1999 Amendment Act sought to comply with the TRIPs Agreement, which took into account illegal and unauthorised exploitation; and the 2012 Copyright Amendment Act sought to harmonize with the WIPO's "Internet" Treaties in order to guarantee the fair use of technology and digital media. The 2013 Copyright Rules were released by the Department of Education's Copyright Division, which is part of the Ministry of HRD. The updated regulations covered copy storage, licensing and registration processes, and safeguards against literary works being copied or otherwise violated. Along with all this the recent developments include the Copyright Amendment Rules 2021.
The Copyright Division of the Department of Education, under the Ministry of Human Resource Development (HRD), announced the Copyright Rules of 2013. These set of rules or guidelines has included registration procedures, storage of copies and protection measures from infringements for literary and musical works, including performers and software creators. The latest amendment to these rules were made in 2021. Important considerations of these rules is providing better cyber security measures. In regards to copyrights, the collection of fees for registration and licensing and also collection of fines etc are all to be done electronically with more stringent rules. 17 18 Hence with this rapid growth of technology, it has become much easier to reproduce and distribute copyrighted materials.
This in turn makes the process even complicated and it might end up in a confusing situation whereby it becomes difficult to track these materials, that means impossible to know who is using these materials and from. This ultimately, makes it difficult to establish ownership of copyrighted material. To prevent all this there has been other remedies suggested like enabling Digital Rights Management (DRM) which is a technology 17 IPLEADERS- Copyright infringement in the digital age- Divya Bansal- https://blog. ipleaders. in/copyrightinfringement-in-the-digital-age/ 18 MANUPATRA- Indian Copyright Law and Digital Technologies- T C James- Journal of Intellectual Property Rights Vol 7, September 2002, pp 423-435
that restricts access to digital content and prevents unauthorized copying and distribution. It can be used to protect copyrighted materials, such as music, movies, and eBooks, from piracy. Then these materials can also be Watermarked. Watermarking is a process of embedding a unique identifier into digital content, such as images or videos. It can be used to track and identify the source of content and to deter unauthorized use. It is also important to provide Educate users about copyright laws and the consequences of copyright infringement can help to reduce the incidence of piracy and encourage responsible use of copyrighted materials.19 Case laws
1) Macmillan and Co. Ltd V. Cooper,
Facts: Macmillan & Co. , a British publishing company, held the copyright for The History of English Literature by H. A. Taine. Cooper, the defendant, produced an abridged version of the work for educational purposes without permission. Macmillan sued for copyright infringement. • Issue: Whether Cooper's abridged version constituted copyright infringement, and whether the defense of fair dealing applied in the case. o Judgment: The Privy Council ruled in favor of Macmillan & Co. , holding that Cooper's abridgment still infringed on the copyright, as it reproduced essential portions of the original work. The court also rejected the defense of fair dealing, stating that educational use alone doesn't justify infringement if substantial parts are copied.
o Significance: The case established that even abridged versions of works can infringe copyright if they take substantial portions of the original. It also clarified the limits of the fair dealing defense, particularly in educational contexts.
19 LEGALSERVICESINDIA- Copyright Protection in the Digital Age: Challenges and Solutions-
NikhilBharadraj- https://www.legalserviceindia.com/legal/article-10639-copyright-protection-in-the-digital-agechallenges-andsolutions.html#:~:text=In%20the%20digital%20age%2C%20content,permission%20from%20the%20copyright %20owner.
2. R.G. Anand vs Delux Films (1978) [India]
Facts: R.G. Anand alleged that a film produced by Delux Films copied his play Hum Hindustani. • Ruling: The Supreme Court of India held that substantial similarity in ideas is not enough to constitute copyright infringement. The expression of the idea must be identical. • Significance: Established the principle that copyright does not protect ideas, only their expression.
3. Amarnath Sehgal vs Union of India (2005) [India]
Facts: Amarnath Sehgal, a famous sculptor, claimed his copyright was infringed when his mural was removed and damaged by the government without permission. • Ruling: The Delhi High Court ruled in favor of Sehgal, affirming the artist’s moral rights and awarding damages. • Significance: Reinforced the protection of moral rights under the Copyright Act, which include the right of an author to claim authorship and object to any distortion of their work.
4. Harper & Row v. Nation Enterprises (1985) [US]
Facts: The Nation, a magazine, published excerpts from President Gerald Ford’s unpublished memoir, even though Harper & Row had secured exclusive rights. • Ruling: The Supreme Court ruled that the unpublished nature of a work is a key factor in determining fair use, ruling in favor of Harper & Row. • Significance: Set important precedents for fair use doctrine in the U.S.
5. Authors Guild v. Google (2015) [US]
Facts: The Authors Guild sued Google over its Google Books project, which digitized books and made small portions of text searchable. • Ruling: The court found that Google's use of snippets from copyrighted books for search purposes constituted fair use. • Significance: Expanded the fair use doctrine, especially in the context of digital works and transformation for search functionality.
6. Pharrell Williams and Robin Thicke v. Marvin Gaye (2015) [US]
Facts: The family of Marvin Gaye claimed that the song “Blurred Lines” copied elements of Gaye's hit “Got to Give It Up.” • Ruling: The jury ruled in favor of Marvin Gaye’s estate, awarding $7.3 million in damages. • Significance: A landmark case concerning the line between inspiration and infringement in the music industry, often criticized for broadening the interpretation of copyright infringement.
7. Eastern Book Company v. D.B. Modak (2008) [India]
Facts: Eastern Book Company, publishers of Supreme Court cases, alleged infringement when the defendant used their judgments in a legal database. • Ruling: The Supreme Court held that only the formatting and editing done by Eastern Book Company could be copyrighted, not the judgments themselves. • Significance: Clarified that public domain documents like court judgments cannot be copyrighted.
8. Viacom International v. YouTube (2010) [US]
Facts: Viacom sued YouTube for allowing users to upload and share copyrighted content, including clips from Viacom-owned TV shows. • Ruling: The court sided with YouTube under the DMCA's safe harbor provision, ruling that YouTube was not liable as long as they removed infringing content when notified. • Significance: Strengthened protections for online platforms under safe harbor provisions. Various steps taken by Countries Around the globe: Ø Digital Millennium Copyright Act (DMCA) – U.S. The DMCA, passed in 1998, is a U.S. law aimed at protecting copyrighted material in the digital environment, focusing specifically on preventing online piracy and infringement. It has several important provisions: • Anti-circumvention: Prohibits the circumvention of technological measures (such as encryption or DRM - Digital Rights Management) designed to protect
copyrighted works. • Safe Harbor for ISPs: Internet Service Providers (ISPs) and platforms like YouTube or Facebook are granted limited immunity from copyright infringement claims as long as they adhere to specific protocols. This means they won’t be held liable for infringing content uploaded by users, as long as they act swiftly when notified. o Notice and Takedown Procedure: This is one of the key features, where copyright holders can request the removal of infringing material from websites, hosting services, or platforms without needing a court order. Platforms must act quickly to avoid liability. o Counter-notification: If a user believes the content was wrongly taken down, they can issue a counter-notification, triggering a potential legal dispute. • Penalties for Misuse: The DMCA penalizes those who abuse the takedown procedure or make false claims about copyright infringement.
Impact: The DMCA has been central in reducing online piracy, particularly with respect to large hosting platforms. However, it has also sparked debates around overcensorship and the limitations of fair use. Ø John Doe Orders – India In the context of digital piracy, Indian courts have adopted the concept of John Doe orders, also referred to as "Ashok Kumar" orders in India. This is a relatively new concept in Indian law, aimed at combating piracy before specific defendants are identified. • Purpose: These orders are typically issued against anonymous or unidentified individuals (referred to as "John Doe") when a plaintiff believes their intellectual property (IP), such as a film or a sporting event, is at risk of widespread unauthorized distribution. • Usage: The primary usage of John Doe orders has been in cases involving film and television content.
Production houses or broadcasters can seek such orders in anticipation of piracy, especially before the release of new films or live events. • Effect: Once granted, these orders allow rights holders to serve the injunction on a
broad range of parties (e. g. , ISPs, cable operators, and individuals) to prevent the unauthorized distribution of copyrighted material. • Notable Example: For instance, Bollywood films often seek John Doe orders against websites and platforms suspected of distributing pirated content even before a movie is released. Impact: This tool has become an effective means of preemptively addressing online piracy in India, though challenges remain in enforcing these orders, especially on international platforms. Ø The Information Technology Act, 2000 – India The Information Technology Act, 2000 (IT Act) is India’s primary law governing cyber activities, including electronic transactions, cybercrimes, and digital content regulation. It includes provisions that address copyright infringement and illegal activities in the digital domain.
• Key Provisions Related to Piracy and Infringement: o Section 79 – Intermediary Liability: Similar to the DMCA's safe harbor provisions, Section 79 of the IT Act limits the liability of intermediaries (such as ISPs, social media platforms, and e-commerce websites) for content posted by third parties, provided they comply with guidelines such as removing infringing content when notified. o Section 66: Covers various cybercrimes, including identity theft and hacking, which could indirectly contribute to piracy. o Blocking of Websites: Under the Act, the government has the authority to block websites that are found to be hosting infringing or illegal content. For instance, pirated movies, software, and other intellectual property can be removed or blocked by the government under this provision.
• Amendments and New Rules: o The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 refined the obligations for intermediaries to act upon notices of copyright infringement and tightened the rules on content moderation.
o The Act also plays a role in regulating cybersecurity and data privacy, important issues in controlling the digital environment for piracy. Impact: The IT Act has provided the legal framework to tackle various forms of digital piracy, though enforcement remains challenging given the scale of online content and cross-border jurisdictional issues. Ø Copyright in the Modern Era Copyright Registration Guidance: Works Containing Material Generated by Artificial Intelligence The U. S. Copyright Office and courts have consistently upheld that copyright protection requires human authorship. In cases like the "monkey selfie20," courts ruled that animals and non-humans cannot hold copyright. The Office's Compendium, since 1973, has reinforced that copyrightable works must originate from human creativity.
Current guidelines state that works generated by machines or automatic processes without human input are not eligible for copyright registration21. Conclusion In conclusion, the evolution of copyright law in the digital age has brought about significant changes and challenges. As technology continues to advance, copyright frameworks must adapt to ensure fair compensation and protection for creators while also fostering innovation and creativity. It is crucial to strike a balance that considers the interests of creators, users, and society as a whole. By navigating the dynamic and complex landscape of copyright law in today's digital environment, we can ensure that copyright remains relevant and effective amid continuous technological changes.
This nuanced approach will help maintain a thriving environment for creativity and innovation while upholding the rights of creators and the public interest. Thus, the digital age has reshaped the way we create, distribute, and consume content, and copyright law must adapt to these changes while upholding the principles of fairness and protection for all parties involved.
20 https://www.wipo.int/wipo_magazine/en/2018/01/article_0007.html
21 Federal Register/Vol. 88, No. 51/Thursday, March 16, 2023/Rules and Regulations pg 16190