The field of law is constantly evolving to address new social issues and
problems. With the rapid advancement of technology, particularly in the digital
realm, this evolution is particularly important in the area of intellectual
property rights. One such right, copyright, has been greatly impacted by the
rise of digital technology.
Digitalization[1] has brought numerous benefits to the world, but it has also
created new challenges, particularly in the area of copyright protection. With
the ease of reproducing and sharing digital media, copyright infringement has
become a widespread problem. This has led to increased efforts by copyright
holders and governments to enforce copyright laws in the digital age.
However, the complexities of the digital world have made it difficult to
determine what constitutes fair use and what constitutes copyright infringement.
Additionally, the while e of the internet has made it challenging to enforce
copyright laws across borders.
Despite these challenges, the importance of copyright law in the digital age
cannot be ignored. It provides a framework for creators to control and profit
from their works while promoting innovation and creativity.
To effectively address the challenges posed by digital technology, copyright law
must continue to evolve and adapt. This will ensure that the law remains
relevant and effective in protecting the rights of creators, while also
providing the public with access to information and promoting innovation in the
digital age.
Copyright[2] law is a crucial component of intellectual property law that
protects original works of authorship, such as literary, musical, dramatic, and
artistic works. The purpose of copyright law is to give creators control over
the use and distribution of their works and to provide incentives for the
creation of new works. With the rise of the internet and digital media, however,
the scope and application of copyright law have become increasingly complex and
challenging.
One of the main challenges posed by the internet and digital media is the ease
with which copyrighted works can be distributed and shared globally. Online
piracy, or the unauthorised distribution of copyrighted works, has become a
major issue for copyright holders. In response, many copyright holders and
governments have taken steps to enforce copyright laws online, including through
the use of digital rights management (DRM) technologies and legal action against
infringing websites and users.
One of the key issues related to copyright and the internet is the concept of
fair use. This is a legal doctrine that allows for the limited use of
copyrighted works without the need for permission from the copyright holder.
Examples of fair use include criticism, commentary, news reporting, teaching,
scholarship, or research. However, determining what constitutes fair use in the
digital age can be difficult and is a source of ongoing debate. In particular,
the increase in the amount of information available online and the ease with
which it can be shared has made it more challenging to determine what
constitutes fair use and what constitutes copyright infringement.
Another important issue related to copyright and the internet is the length of
copyright protection. In recent years, the length of copyright protection has
been extended multiple times, leading to concerns about the impact of long
copyright terms on access to information and culture. Proponents of longer
copyright terms argue that they provide greater incentives for creators to
create new works, while opponents argue that they limit the public's access to
information and stifle innovation.
In addition to these issues, the global nature of the internet has also made it
more difficult to enforce copyright laws. Different countries have different
copyright laws, and it can be challenging to determine which laws apply in a
given situation. This has led to calls for greater harmonisation of copyright
laws at the international level, including through treaties such as the Berne
Convention and the World Intellectual Property Organization (WIPO)[3] Copyright
Treaty.
Despite these challenges, the importance of copyright law in the digital age
cannot be overstated. It provides a framework for creators to control and profit
from their works and to encourage the creation of new works. At the same time,
it is important to balance the rights of creators with the public's right to
access and use the information and to ensure that copyright law remains
effective and relevant in the digital age.
Recent Cases are:
Thaikkudam Bridge v/s Hombale Flims [4]
The Kantara movie case is a legal dispute involving the Kerala High Court, the
District Court, Thaikkudam Bridge, and Hombale Films. The case arose from a
dispute over the use of musical composition in the movie "Kantara."
Thaikkudam Bridge, a musical group, filed a plaint against Hombale Films, the
production company behind the movie, alleging that the film used their musical
composition without their permission. The District Court initially returned the
plaint, but the Kerala High Court later issued a stay on the District Court's
order, effectively allowing Thaikkudam Bridge's case against Hombale Films to
proceed.
The specific details and arguments in the case are not publicly available, but
the decision by the Kerala High Court to stay the District Court's order
suggests that there are merits to Thaikkudam Bridge's claims. The case is
ongoing, and it is unclear at this time what the outcome will be.
This case highlights the importance of obtaining proper permission for the use
of copyrighted materials, such as musical compositions, in movies and other
forms of media. It also demonstrates the legal avenues available for those who
believe their intellectual property rights have been violated. The outcome of
this case may have significant implications for the film industry and the
protection of musical compositions and other forms of intellectual property in
India.
Sporta Technologies Pvt. Ltd. Vs Dream11 and Another[5]
In this case, it involves a dispute over the infringement of copyrighted
software in India. Sporta Technologies, the plaintiff in the case, claimed that
Dreamz11 and another entity had illegally used its proprietary software without
proper authorization.
The court heard arguments from both sides and ultimately found in favor of
Sporta Technologies. The court ordered Dreamz11 and the other defendant to cease
using the copyrighted software and to pay damages to Sporta Technologies for the
unauthorized use.
This case highlights the importance of obtaining proper authorization for the
use of software and other forms of intellectual property. It also demonstrates
the legal remedies available for those who believe their intellectual property
rights have been violated. The outcome of this case may have implications for
the software industry and the protection of intellectual property in India.
Conclusion
Copyright law plays a crucial role in regulating the use of digital media and
the internet. It protects the rights of creators, artists, and copyright owners
by giving them exclusive control over their work. While digital technology has
made it easier for people to access and distribute copyrighted content, it has
also created new challenges for enforcing copyright laws.
The issue of copyright infringement and piracy continues to be a major concern
in the digital age, and copyright laws must be updated to keep pace with new
technological developments. The balance between protecting the rights of
creators and ensuring access to information for the public is a delicate one,
and it will require ongoing efforts to ensure that the laws remain effective in
the digital age.
End Notes:
- Digital Copyright Law (no date) Legal Service India - Law, Lawyers and
Legal Resources. Available at: https://www.legalserviceindia.com/legal/article-8037-digital-copyright-law.html
(Accessed: January 30, 2023).
- K.J. et al. (2019) Copyright issues in digital era, iPleaders. Available
at: https://blog.ipleaders.in/copyright-digital-era/ (Accessed: January 30,
2023).
- WIPO copyright treaty (WCT). Available at: https://www.wipo.int/treaties/en/ip/wct/
(Accessed: January 30, 2023)
- Network, L.N. (2022) Kantara Movie : Kerala High Court stays District
Court's order which returned Thaikkudam Bridge's plaint against Hombale
Films, Live Law. Live Law. Available at: https://www.livelaw.in/news-updates/kantara-movie-kerala-high-court-stays-district-courts-order-which-rejected-thaikkudam-bridges-plaint-against-hombale-films-215553#:~:text=In%20relation%20to%20the%20copyright,films%20for%20lack%20of%20jurisdiction.
(Accessed: January 29, 2023).
- Sporta Technologies Pvt. ltd. & ... vs dream11 prime. & ors. Available
at: https://indiankanoon.org/doc/37356665/ (Accessed: January 30, 2023).
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