Emerging Trends in Digital Copyright Law

Emerging Trends in Digital Copyright Law

The Law of Copyright is considered to be the legacy of technology in ancient chronicles. It has undergone methodical improvements in order to protect the public interest in creativity, ingenuity, and resourcefulness, bearing in mind the essence, complexity, and sphere of technology involved. Its primary aim is, on the one hand, to offer appropriate benefits for writers and producers of miscellaneous copyright works and on the other hand, to make those works accessible to the public.

The law of copyright is considered to be the legacy of technology in ancient chronicles. It has undergone methodical improvements in order to protect the public interest in creativity, ingenuity, and resourcefulness, bearing in mind the essence, complexity, and sphere of technology involved. Its primary aim is on the one hand, to offer appropriate benefits for writers and producers of miscellaneous copyright works and on the other hand, to make those works accessible to the public. Along with computer networks, the Internet makes it possible for a growing number of those interested in collaborative knowledge building to join, thus undermining attempts to promote initial intellectual property developers. The Internet allows the almost simultaneous replication of copyrighted works and world-wide, lightning-speed distribution of original quality.

The Internet makes it possible for an increasing number of those involved in collective knowledge building to access computer networks, thus weakening efforts to encourage original creators of intellectual property. The Internet enables the almost simultaneous replication of copyrighted works and the dissemination of original quality world-wide, lightening-speed.

The Digital Millennium Copyright Act, which revised copyright legislation to address the realities of digital media, was enacted by the Government of India in 1998. The whole world has recognized the need for a Digital Copyright Law with the growth and advancement of technology and more specifically, digitization. The new copyright law has therefore evolved, as the trend in storing information in the form of digital data evidently needs security, a need felt across the globe.

DIGITAL TECHNOLOGY AND COPYRIGHT ISSUES

The advent in technology presented new obstacles to existing copyright legislation, as the statute was established mainly in the print media system, which eventually changed its protective works to cover artistic works, paintings, sketches, sculptures, and later even spread to photography and film. In order to make the digital societal archive forward, the age-old laws and their fundamental principles in copyright law had to be re-entered. With the increase in the use of the internet, the technical copiers or recorders made digital records freely usable, which might lead to job exploitation vis-à-vis a free flow of information in society, when the author loses all power as this digital record is put in the public domain on the internet.

A fair deal exception, which was formerly available only in regards to some categories of work, e.g. literary, theatrical, and artistic works, has been made applicable to all types of work for educational purposes.

For the reporting of current affairs, including the reporting of a lecture given in public, a fair dealing exception was expanded. Earlier, there was a restricted fair dealing exception for

• personal or private use, research included, and

• Review or critique, whether of that work or of some other work.

Furthermore, it has been explained that the preservation in any electronic medium of any job for the purposes alluded to in this section, including the accompanying storage of any computer software which is not an infringing copy, does not constitute an infringement. The temporary and incidental storage, solely in the technological method of electronic transmission or public communication, of a work or performance;

Transient and incidental preservation of a job or presentation for the purpose of supplying electronic connections, access, or integration where the right holder has not expressly forbidden such links, access, or integration unless the person responsible is aware of or has fair grounds of trust in the infringing copy of such storage: Provided that if a person responsible for the preservation of a copy has been prohibited from complaining against another person, he can require that person to file an order with the competent court within fourteen days for the continued prevention of that storage;

The storage by a non-commercial public library of a work in any form by microelectronic means, for preservation if the library already has a non-digital copy of the work; the creation of a three-dimensional object from a two-dimensional artistic work, such as a scientific drawing, for the purpose of the industrial submission of any strictly practical portion of a useful device;

The progression in copyright has been closely related to the advancement of technology. Although other innovations have made it more difficult to protect copyright, modern computers have continued to reform the basic principles underlying copyright. These copyright industry contests have occurred at a time when the share of proprietary interests in domestic financial prudence has hit unparalleled heights. Adjusting the legal system to adapt to emerging technological advances in an accurate and reasonable manner, taking into account the speed and pace of these developments, is important.

Copyright in India is protected under the Copyright Act, 1957 from that point forward a few changes have been made from time to time to accommodate the changing needs of the general public and to guarantee insurance to the creators of the product. The primary purpose of the Act is to protect the art of the authors and copyright owners from illegal use. Again another Copyright (Amendment) Act, 2012, which is perceived to be more significant, was recently implemented. The core concept or aim of this enactment was to bring the act into accordance with the 1996 Convention on World Copyright and the 1996 WIPO Output and Phonogram Treaty. In the area of digitization, the Copyright Reform Act of 2012 extended the protections for copyright protection at work. Furthermore, it laid down provisions for fines to be granted against the infringer, the rights of the data controller, the duty of distributors to enter the network, and the presentation of legal licenses for the transmission form and the broadcasting supervisor. It was also clarified that the preservation of any work in any electronic format, even the coincidental holding of any computer software that is not an intrusive duplication, would not constitute an infringement. This amendment act was also meant to set down certain provisions, which ensures that certain actions would not result in an infringement of copyright.

While this age of digitization has provided many artists with an accessible and efficient demonstration of the cause of their art and works, it has also raised fears and distress over copyright infringement issues at the same time. While there are a lot of improvements and changes, there is also an environment of development where a lot needs to be done to protect the interests of owners and owners.

BY-

Raksha Singhal