Cyberspace's Contribution to Copyright Infringements

ABSTRACT

Technology has enabled the internet. Online, we discuss, learn, and play more games. Online business transactions are easy and convenient. The Internet's importance has grown rapidly; it's now ubiquitous. The internet began storing personal letters and corporate contracts. Cyberspace streamlined communication. Cyberspace has both perks and drawbacks. Cyberspace problems grew. Authorities were forced to act against cybercrime. A new type of fraud is increasing in the courts. Internet piracy must be tackled.

Keywords:

Technology, Cybercrime, Copyright, Infringement, Jurisdiction.

INTRODUCTION

The expansion of technology has made it possible for us to have access to the internet. As a direct result of the proliferation of the internet, we now spend significantly more time than ever before conversing, reading, and playing games. Because of the internet, companies may now conduct business on a worldwide scale without being constrained by the geographic distance between their locations. The internet plays an increasingly important role in everyday life in this day and age. Everything of value, from private communication to legal agreements, has started to be stored in digital archives that can be accessed online. The creation of the internet made improved communication feasible. However, there are some disadvantages associated with the use of the internet. On the internet, issues started to crop up. The increasing number of people who are vulnerable to cyberattacks required official legal action to be taken. The legal process is currently being complicated by a novel method of stealing, which is being investigated by law enforcement. The online community faces a significant danger in the form of piracy on the internet.

COPYRIGHT IN CYBERSPACE

Copyright holders have a more negative impression of the internet than a positive one. Any transaction involving the acquisition, sale, duplication, or distribution of an author's work that takes place without the author's express authorization constitutes a violation of that author's copyright. This includes all forms of distribution. Plagiarism is a widespread issue in the modern world of online communication. You only need a few seconds to obtain the music and films created by other musicians. Because the terms "internet" and "digital" do not occur in the Copyright, Design and Patent act, 1988, the owners of the copyright found it impossible to initiate legal action against the infringers of their rights. Only the copying of software is covered by the Indian Copyright Act, which was passed in 1957. It would appear that the global event does not involve any form of cybercrime, specific piracy on the internet. The Internet and other forms of digital media were completely excluded from the backward amendment legislation of 2012. Due to the absence of legislation, there are a variety of issues that arise in the legal system. The author of any creative work, whether it be literary, dramatic, musical, or otherwise, is eligible for protection under Section 4 of the Copyright Act. The creator of the digital work also has access to the same protections. Infringement of intellectual property rights follows naturally from the act of pirating content online.

The introduction of new technologies has brought about substantial changes to the landscape of copyright law. It only takes the tap of a finger to steal the work of another person and send it out to millions of individuals in different parts of the world.

It is also stated in the case “Religious Technology Center v. Netcom Online Communication Service Inc.” that the internet has played a substantial part in the proliferation of piracy. The case was decided in 2010. Because the internet plays such a vital role in promoting mass communication, preventing infringement is of the utmost importance. Copyright holders are confronted with a much greater number of difficulties and legal issues than the general population.

CYBERSPACE COPYRIGHT INFRINGEMENT JURISDICTION

When a copyright violation occurs in cyberspace, it is fascinating to explore whether a country would have jurisdiction over the case. In most cases, it constitutes an obstacle on the road. The question that needs to be answered in order to establish jurisdiction is whether the location of the copyright violation, the location of the public display, or the location of the origin of the work should be used. There are numerous possible legal frameworks that could be utilised for identifying who has jurisdiction. In addition, even if the jurisdiction is identified, there is still an additional obstacle to overcome because many nations have their unique laws, and these laws frequently clash with one another due to the very nature of the laws themselves. Because the plaintiff was physically present inside the state's limits, the court that heard Yahoo! Inc. v. Akash Arora came to the conclusion that the state's jurisdiction may potentially extend beyond those borders. The additional requirement of an existing contract in the business, as stated by the Delhi High Court, is necessary in order to comprehend online infringement. In addition, the Madras High Court decided in the case of Wipro Limited v. Oushadha Chandrika Ayurvedic that Section 62 of the Copyright Act of 1957 offers additional guidance for deciding whether or not a court has jurisdiction. According to the provision, a person who owns copyrights has the legal right to file a lawsuit for copyright infringement in the district where that person resides or has a place of business.

DIFFICULTIES IN ENACTING COPYRIGHT INFRINGEMENT LAWS IN CYBERSPACE

Laws protecting intellectual property were first created not long after the printing press was invented. After that, I had the dawning realization that only a small group of powerful individuals actually control the media. Even while the rewards from book piracy and other forms of intellectual property theft were higher in the past, offenders could also be located and prosecuted with greater ease. As a result of advances in technology, intellectual property theft is now much easier to do than was previously assumed, and identifying the person responsible for the theft is becoming progressively more challenging. The major problem with laws protecting intellectual property is that it can be challenging to hold third parties accountable for infringing on those laws.

The question of who is accountable for infringements of copyright rights is the most serious one from a legal standpoint. Who is accountable for the outcomes of this situation? It does not matter who is at fault—the party that provides the work, the party that receives the work, or the ISP—all three parties have the potential to be held accountable in court. According to subsection 79 of the Information Technology Act, an Internet service provider is exempt from liability if it can provide evidence either that it was unaware of the infraction or that it attempted to stop the infraction by taking reasonable precautions but was unable. Under the Indian Copyright Act, the person who commits an infringement or helps someone else do so must have done so knowingly. If the Internet service provider is found guilty in one of the transit countries, then the person will only be liable for the violation if it was done in his local jurisdiction. This makes it extremely difficult to regulate because the communication will transfer via numerous nations before reaching the destination.

The Delhi High Court ruled in the case of Super Cassettes industry Ltd v. Myspace Ins and Anr. that sections 79 and 81 of the IT Act do not protect against infringement of copyright because the owner does not have any say in the actions of the intermediaries. This decision was made in the case of Super Cassettes industry Ltd v. Myspace Ins and Anr. Therefore, while a copyright holder is unable to submit a claim against an ISP in accordance with the Information Technology Act, they are permitted to do so in accordance with the Indian Copyright Act.

CONCLUSION

The realm of copyright is always open to new developments. As a result of the growth of the internet, protecting intellectual property has become an increasingly difficult task. When we think about cyberspace, we come across fascinating new opportunities, but we also become aware of the risks that are involved with it. Right now, there is an immediate and urgent requirement to beef up protections for intellectual property and bring outdated laws into the modern era.

It is essential that individuals be made aware of the concept of infringing someone else's copyright in cyberspace and the consequences of doing so. Including a copyright declaration with your work may make it more difficult for people to use it without your authorization.

AUTHOR - DEVASHISH BHATTACHARYA