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Research Outline on 'Intellectual Property Rights for digital media content creators'

We see a lot of emphasis on digital content creation in the age of rapid innovation in the Internet era. Creating digital media content is now easier than ever, and content creators are continuously producing new works that are shared and influnced online. The simplicity of content creation has given creators new options, but it has also raised new issues with regard to safeguarding their intellectual property rights (IPRs). IPRs are essential for protecting digital media content producers' work from unauthorised use, allowing them to monetise their work, building their reputations, and encouraging innovation and creativity.

Creators of digital media content should be aware of their intellectual property rights (IPRs) and take steps to protect them in order to ensure that they may solely benefit from their contributions and keep ownership of their work.

Research Gap
Despite the growing need to protect IPRs for digital media content creators, there needs to be more research on the effectiveness of legal frameworks and strategies for safeguarding IPRs in developing countries such as India. Future research should explore the effectiveness of legal frameworks and strategies for protecting IPRs for digital media content creators in developing countries and identify new approaches to protect IPRs in the digital age.

Literature Review
In IPR in India: Status, Strategies and Challenges for Digital Content[1] by Satish Kumar and Anil Kumar analyses the existing copyright law in India with respect to digital content. The paper discusses the rights and protection of digital content creators under Indian copyright law and critically analyzes the challenges faced in their implementation. The author concludes that though the law offers some protection to digital content creators, it is vital to develop better awareness and implementation of these laws to ensure that creators are better protected.

In Strengthening Ip in Digital India[2], by Sahil Arora, we get an understanding The study conducted talks not only about the existing IPR but also the need for future models of business like cybersquatting and other growing future businesses. It gives out necessary awareness about digital content creators and their rights.

In Time for India's Intellectual Property Regime to Grow Up[3], by Jishnu, emphasizes on the growing trends of digital content creators and the need to gear up the Intellectual property rights in India to go along with the trend.

In Digital Technology, Libraries and Copyright Issues, by Lagdhir Rabari, we can see that the author discusses the issues of digital content creators and their IP capital in terms of valuation. Referring to the challenges associated with trying to describe, quantify, manage, and evaluate intellectual capital in the conventional sense.

Objectives Of The Research Paper
  1. To assess content creators' challenges in preventing content infringement, such as copying, misusing, or misappropriating their work.
  2. To assess social media platforms' content protection efforts based on their rules, terms of service, dispute resolution processes, and IP compliance.
  3. To advise social media influencers on intellectual property legislation, legal agreements, and technical solutions.
  4. To advise lawmakers and lawyers on how well intellectual property laws protect social media influencers' creative works and suggest improvements.
  5. To learn more about digital content protection issues and contribute to intellectual property law, social media, and influencer marketing research.

The overall research objective is to analyse the legal landscape and concerns surrounding digital media content creators' content protection under intellectual property law and offer practical solutions for influencers, platforms and lawmakers.

Issues Addressed
Challenges in Preventing Content Infringement
Social media content that is hosted on the internet can be accessed by anybody for no cost and in a relatively straightforward manner. This might be a boon or a bane for contemporary social media influencers, depending on how you look at it. After something begins to "trend," it can be challenging to keep track of how your work is being reproduced or republished when this occurs, and in what locations. Despite the fact that at first glance, it might not seem harmful, no one wants other people to make more money off of their original ideas since they have a moral objection to that.[4]

Social Media Platforms' Content Protection Efforts
Copyrighted content can be posted on social media platforms like Facebook, Twitter, and Pinterest. The user owns the copyright to the material uploaded to the appropriate website or application, not the social media platform.
  • Facebook:
    When you share, post, or upload intellectual property-protected content on our Products, such as Facebook, you grant us a non-exclusive right of the content.
  • Twitter:
    You own Anything you upload, post, or otherwise make accessible over the Services. You own your material (and your incorporated audio, photos and videos are considered part of the Content)
  • Instagram:
    Instagram does not claim ownership of any text, files, photographs, photos, videos, sounds, musical compositions, original creative works, apps, or other items (collectively, "Content") that you publish.[5]

Advice to Social Media Influencers
  1. Understanding IP law Application: Copyright, trademark, and patents may apply to digital media content. Copyright protects original videos, music, photos, and text, while trademarks protect logos, brand names, and slogans that differentiate your content.
  2. Applicable government registration: Registering your copyright with the proper government agency provides extra-legal benefits. Registration establishes your copyright ownership and allows you to sue for damages and legal costs in court.
  3. Trademark registration: For brand protection, register your brand name, logo, or slogan with the applicable government office as a trademark. Trademark registration allows you to use your trademark with your content and prohibit others from utilizing identical marks that may confuse consumers.
  4. Add clear conditions of use: Explain how others can use your content on your website or digital platform. You can state that your content is for personal, non-commercial use only and requires your permission for any other usage. To protect and regulate your work, you can set attribution, usage, and other constraints.
  5. Infringement monitoring: Check the internet for unlawful usage of your work. This can include searching for your content online or setting up Google Alerts to receive notice when it appears online without your consent. If you find infringement, write cease-and-desist letters, file DMCA takedown notices, or consider legal action.
  6. Licensing: Consider licensing your content to third parties. Licensing agreements might specify royalties, usage limitations, and license length. License agreements can help you monetize and govern your material.
  7. Legal Aid: IP law is complicated, therefore consult a knowledgeable intellectual property lawyer to safeguard your content. A lawyer can help you understand your content's IP regulations, register, enforce and safeguard it.[6]

Recommendations to Lawmakers
There are broad recommendations for lawmakers to take into account when drafting IP legislation to safeguard digital content. In order to ensure that the legal framework is effective, fair, and flexible enough to adapt to the quickly changing digital landscape, it is crucial to strike a balance between the interests of influencers, consumers, and intermediaries. In order to create comprehensive and efficient IP legislation for the protection of digital property, consultation with legal experts, stakeholders, and pertinent industry representatives is essential.[7]

Research Methodology
  1. Data analysis: Analyzing survey, interview, and case study data using statistical and qualitative methods.
  2. Legal analysis: Digital media content creators' IPR laws, regulations, and cases.
  3. Literature review: Study of available literature to understand the current condition of IPR for digital media content makers in India.
  4. Ethical considerations: Following informed consent, data privacy, and research ethics norms.

In conclusion, digital media creators need intellectual property rights. They provide the legal framework for content creators to make a living, gain recognition, and retain control of their digital works. Writers, singers, photographers, and other digital media creators need intellectual property rights to protect and inspire them. These innovators invest time, energy, and resources.

Due to the widespread usage of digital media and ease of digital dissemination, content providers need intellectual property rights to protect their interests. Content creators must protect their works by collecting copyrights, trademarks, and licences. Recognizing and enforcing intellectual property rights helps digital media content creators create high-quality material that improves our digital world.[8]

  1. Satish Kumar and Anil Kumar IPR in India: Status, Strategies and Challenges for Digital Content. (n.d.).
  2. Sahil Arora, Strengthening IP in Digital India, 15 Supremo Amicus 297 (2020).
  3. Jishnu Guha, Time for India's Intellectual Property Regime to Grow Up, 13 CARDOZO J. INT'l & COMP. L. 225 (2005).
  4. Groom, S. E. (2015, October 22). Intellectual Property and Social Media: Guide to Legal Risk Management.
  5. A. (2021, June 9). Social Media Influencers and Intellectual Property Rights.
  6. Ebizfiling, T. (2022, December 2). Different Intellectual Property Rights available to social media influencers. Ebizfiling.
  7. Mishra, R. (2020, June 27), Intellectual Property Rights And Media In India: Copyright Act. ResearchGate.
  8. Deeba, F. (2019, May 4). Protecting the Intellectual Properties of Digital Watermark Using Deep Neural Network. International Conference on Information Systems.

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