The importance of copyright protection and data protection has gained prominence
as we move into the new era of software technology and the ever-expanding
internet and global web. Today's copyright laws protect a wide range of
creations, including films, music recordings, computer programmes, databases,
and compilations as well as literary, dramatic, and aesthetic works.
While the
content community, which consists of researchers, educators, artists,
publishers, and the music and entertainment industry, has been able to grow its
markets at a rate never before possible thanks to the Internet, the same
technology also enables any anonymous and invisible pirate to copy and
distribute anything that is available on the Internet in an instant.
The content
industry is undoubtedly worried due to significant losses caused by online
intellectual property infringement on a global scale. Users of the Internet
cannot be viewed as a collective, and it is crucial to distinguish between the
liability of those who grant people and businesses access to the Internet and
that of individual users. Internet has two sides that the business community
must consider. On the one hand, businesses seek further advancements in network
technologies to improve the viability and caliber of the delivery of digital
material.
On the other hand, as technology has developed, there have been more
instances of IPR infringement. The internet is praised as one of the greatest
inventions since the industrial revolution and an essential business channel for
the foreseeable future. Experience and research have shown that the Internet is
essential for many aspects of life, including business operations. Under these
conditions, there are more and more appeals for finding solutions to the growing
copyright threats rather than abandoning the internet.
COPYRIGHT LAW
Copyright is nothing but the rights granted to creators for their literary and
artistic works. The types of works that fall under the purview of copyright
include literary works like novels, poems, plays, reference works, newspapers,
and computer programmes; databases; motion pictures, musical compositions, and
dance performances; artistic works like paintings, drawings, photographs, and
sculpture; architecture; and advertisements, maps, and technical drawings.
The
aim of copyright is to safeguard artists labour, promote the creation of
creative works, and grant authors, composers, and directors the sole right to
reproduce. Original works of literature, theatre, music, art, cinematography,
sound recordings, and computer software are all protected by copyright. Since
copyrights are considered intellectual property, they are more easily and
quickly transferred from one country to another than other types of property.
Copyright work today includes a wide range of industries, including the
production and distribution of books, magazines, and newspapers, media of
entertainment such as dramatic and musical works for performances, publication
of musical works and cinema, broadcasting, etc. The development of technology
has simplified and made copyrighted content simple to duplicate.
CYBERSPACE
Although theoretically simply existing in computer memory, cyberspace is a
virtual environment that is alive and interactive. As a result, the legal system
needs to tighten up and catch up. Although this new frontier will never cease
developing, it may still be too early to decide how to manage it. But many are
worried about defining appropriate behaviour in this new landscape as it gets
more integrated into (and vital to) our daily lives.
These days, it is possible
to exchange, distribute, circulate, and save electronic copies of voice files,
music files, images, money, news stories, clips, biodata, letters, and many
other sorts of information. Thus, the modern generation is heavily dependent on
computer technology due to the simple interface and efficient processes carried
out in an electric manner through computers. Through this, the deadliest kind of
criminality known as "Cybercrime" poses a menace.
IPR AND CYBER LAW- HOW FAR THEY ALIGN?
The IT Act of 2000 covers cybercrimes that involved the misuse of technology.
However, the protection of intellectual property and related issues have not
been covered. The Indian Trademark Act of 1999 and the Copyright Act of 1957 are
similarly quiet on matters relating to online Trademark and Copyright
infringement.
Although the Copyright Act protects computer programmes, it does
not offer any remedies for online software piracy. Additionally, the IT Act does
not expressly penalize cybersquatting. It is also very important to note that
while IPR and Cyber Law align in several areas, they also have distinct aspects.
Cyber Law encompasses a broader range of legal issues related to internet
technologies, online transactions, cybersecurity, and electronic communications.
IPR, on the other hand, specifically focuses on the legal protection and
enforcement of intellectual property rights. However, the two fields often
intersect and work in tandem to address legal challenges in the digital era.
COPYRIGHTS IN CYBERSPACE
When indexing a website, do search engines make illicit copies of the content?
Are Internet service providers accountable for content protected by copyright?
Internet browsing storing temporary files constitutes copyright infringement?
The question of internet nationality and jurisdiction is also a significant
complexity because something that is legal in one country could be illegal in
another.
Finding solutions to the aforementioned problems entails determining
whether courts have jurisdiction over people violating copyrights online from
other countries, whether temporary copies made by a user's computer constitute
"reproduction," and whether granting access to already-existing web content
qualifies as "communication to the public."
If internet intermediaries: like
internet access and hosting companies—are directly or indirectly responsible for
users' illegal behaviour. The Indian Copyright Law's statutory provisions do not
address every one of these concerns. However, the courts have begun intervening
and working to offer clarity and remedy such problems.6
JURISDICTION
Issues pertaining to jurisdiction primarily revolve around procedural rules
rather than copyright laws. However, these challenges emerge as a result of the
internet's nature and pose significant obstacles in copyright-related matters
within the realm of cyberspace. The internet, being boundaryless, presents a
scenario where copyright infringements can occur across different geographical
locations.
For instance, envision a situation where you have published a
literary work in Delhi, India, and suddenly come across a website in South
America that utilizes your work to promote and sell its products. This practical
predicament leaves us unsure of where to file a lawsuit for copyright
infringement, given that the two parties only share a virtual connection.
In typical circumstances, the jurisdiction for a legal suit is determined by the
residence of the defendant or the location where the cause of action originated.
However, in the case of cyberspace, which lacks physical boundaries,
instantaneous long-distance communication is established with anyone who has
access to a website. Adhering to the traditional principle, a single transaction
may involve the laws of multiple jurisdictions.
- The laws of the country where the user resides
- The laws of the country hosting the server involved in the transaction;
and
- The laws of the state or nation that apply to the individual or business
engaging in the transaction.
The determination of jurisdiction in copyright matters in India is governed by
the Civil Procedure Code and the Copyright Act. The case of Banyan Tree Holdings
(P) Ltd. v. Murali Krishna Reddy shed light on the basis for jurisdiction in
internet-based intellectual property infringement cases. In this particular
case, neither party was located in Delhi. However, jurisdiction was established
on the grounds that the defendant conducted business in Delhi through their
website, thereby giving rise to a cause of action in Delhi.
The court conducted a thorough analysis of different jurisdictions and concluded
that the jurisdiction of the forum court, based on the cause of action, is not
automatically established solely due to the interactivity of a website
accessible within the forum state. Instead, the court emphasized that the nature
of the permissible activity and whether it leads to a commercial transaction
should be examined.
Indian courts have frequently referred to foreign doctrines and, in this
specific case, they determined that a forum would have jurisdiction if the
plaintiff could demonstrate prima facie evidence that the defendant specifically
targeted the forum state, resulting in injury or harm to the plaintiff within
that particular state.
CONCLUSION
The expansion of the Internet, particularly the World Wide Web (WWW), has
created a new realm known as cyberspace, where copyright exploitation takes
place. The examination of copyrights in cyberspace reveals a combination of new
opportunities and threats. Cyber technology has provided novel avenues for
businesses and individuals to commercialize and exploit copyrights.
These opportunities have opened doors for global expansion and wider market
reach, offering significant potential for revenue generation and other forms of
returns. However, alongside these opportunities, there are concurrent threats
that even undermine the fundamental rights of copyright holders. The scale of
these threats is unparalleled, with technological advancements enabling not only
easier piracy but also effortless distribution of pirated works to the masses
with just a click of a button.
These threats often outweigh the benefits offered by cyberspace, necessitating
increased regulation to safeguard copyrights. The current state of cyber anarchy
has presented numerous legal challenges for regulators. The ubiquitous nature of
the Internet has made many of these challenges international in scope, requiring
the involvement of international copyright frameworks to effectively regulate
cyberspace.
As it stands, cyberspace remains largely unregulated, and various online
transactions surpass national regulatory controls. The technological feasibility
of bypassing national governments or regulations raises doubts about the
effectiveness of any single domestic regime or a limited group of domestic
regimes in effectively regulating cyberspace.
Furthermore, many domestic copyright frameworks are relatively new and may be
ill-prepared to address copyright issues in the context of cyberspace. This
highlights the need for increased international cooperation to regulate
cyberspace These threats often outweigh the benefits offered by cyberspace,
necessitating increased regulation to safeguard copyrights.
The current state of cyber anarchy has presented numerous legal challenges for
regulators. The ubiquitous nature of the Internet has made many of these
challenges international in scope, requiring the involvement of international
copyright frameworks to effectively regulate cyberspace. As it stands,
cyberspace remains largely unregulated, and various online transactions surpass
national regulatory controls.
The technological feasibility of bypassing national governments or regulations
raises doubts about the effectiveness of any single domestic regime or a limited
group of domestic regimes to effectively regulating cyberspace. Furthermore,
many domestic copyright frameworks are relatively new and may be ill-prepared to
address copyright issues in the context of cyberspace. This highlights the need
for increased international cooperation to regulate cyberspace.
In the realm of copyrights, numerous legal principles need to be developed or
settled to determine the legality of specific transactions in question. Many
pressing questions pertaining to copyrights in cyberspace must be resolved at an
international level. The lack of internationally agreed-upon principles
regarding copyrights in cyberspace creates room for divergent domestic
standards.
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