The primary goal of international copyright protection is to safeguard the rights of creators across different countries. However, this objective is hindered by various factors, such as differences in legal systems, rampant digital piracy, and difficulties in enforcement.

For example, a musician in the United States may discover that their work has been illegally distributed in China with little recourse available to them. Despite efforts by international agreements such as the Berne Convention and the TRIPS Agreement to set guidelines for safeguarding copyright, their implementation remains a significant obstacle.

In the digital world, online platforms make it easy for copyright infringement to occur on a large scale, making it even harder to identify and prosecute offenders. Additionally, language barriers and cultural discrepancies present additional obstacles to cooperation. Furthermore, the high costs associated with legal proceedings and the complexities of jurisdiction discourage creators from pursuing infringement claims abroad.

Attempts have been made to address these issues, such as the US-China Phase One Trade Agreement which seeks to combat online piracy. There have also been efforts to harmonize copyright laws through multilateral initiatives. However, emerging technologies like deepfakes and decentralized networks continue to push the boundaries of international copyright protection, necessitating ongoing collaboration and adaptation of legal frameworks.

The challenges of international copyright protection may be classified as follows:

• Diverse Legal Frameworks: The legal frameworks for copyright protection are diverse, with each country having its own laws that differ in scope, duration, and enforcement methods. Achieving consistency in copyright protection across borders is a complex task.
• Territoriality: Territoriality poses a challenge for cross-border copyright enforcement as protection is typically limited to the jurisdiction in which the work is created or used. This is especially difficult in the digital environment where content can easily cross borders, making it challenging to determine which country's laws apply to a copyright infringement case.
• Digital Piracy and Counterfeiting: The ease of replicating and distributing digital content globally has led to widespread copyright infringement through online piracy and the distribution of counterfeit goods. Policing these activities across borders is a daunting task.
• Fair Use and Transformative Works: The use of the concept of fair use, which allows the utilization of limited parts of copyrighted material for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research, is constantly under scrutiny from judicial courts. However, maintaining the delicate balance between the protection of copyright and the stimulation of creativity and innovation continues to be a crucial problem.
• Digital Rights Management (DRM): DRM, Digital Rights Management (DRM), has proven itself to be more intricate in view of the continued increase in digital content distribution. Even though DRM technologies primarily try to regulate access to digital content, issues regarding consumer rights, fair use, and interoperability have been identified.
• Artificial Intelligence and Copyright: The copyright issue in the context of Artificial Intelligence (AI) and content is hot today, as AI has advanced to a level where it plays a significant part in content creation. Questions are being raised concerning the ownership rights of works created by AI. Apart from this, there are apprehensions regarding the use of copyrighted work for AI model training and also about the possibility that AI can play a role in copyright enforcement.
• Cost and Time: Pursuing legal action for copyright infringement internationally can be a costly and time-consuming process, particularly for individual creators or small businesses.
• Anonymous Infringement: With online anonymity, it becomes difficult to identify and pursue individuals or entities engaged in copyright infringement.
• Cross-Border Jurisdictional Issues: Cross-border jurisdictional issues further complicate copyright enforcement efforts as determining which country's laws apply to online cases can be complex and uncertain. The enforcement of copyright across borders has become more complicated due to the widespread availability of digital content through the internet. It is a difficult task to harmonize copyright laws globally while also considering cultural variations and national priorities.
• Text and Data Mining: The regulatory challenge of balancing the rights of copyright holders with the potential societal benefits of text and data mining (TDM) in research, innovation, and education involves the practice of extracting insights and knowledge from large datasets, including those containing copyrighted works.
• Language Barriers: Language differences can also impede international cooperation and communication in copyright enforcement efforts.
• Cultural Differences: Varying cultural attitudes towards intellectual property rights can also affect the effectiveness of copyright enforcement. This is because what constitutes copyright infringement may differ based on cultural norms and practices. Some countries may have different attitudes towards intellectual property rights or may not prioritize copyright enforcement.
• Enforcement Capacity: The effectiveness of copyright enforcement is impacted by resource constraints and varying enforcement priorities among countries. Enforcing copyright laws on an international scale is a challenging task due to differences in legal procedures, limited resources, and varying levels of commitment to protecting intellectual property rights among countries.
• Legal Remedies: One of the major hurdles in cross-border enforcement is the differences in available legal remedies for copyright infringement across jurisdictions. This can hinder the ability to effectively address and combat copyright infringement.
• Technological Challenges: The rapid advancements in technology, such as peer-to-peer file sharing and streaming services, pose additional challenges for copyright protection. These advancements often outpace legal and regulatory frameworks, making it difficult to effectively address emerging forms of copyright infringement.
• Transparency and Accountability: The lack of transparency in copyright enforcement processes and procedures can hinder international cooperation and trust. This can create barriers to effective enforcement and make it more difficult to hold infringers accountable.
• Intermediary Liability: Determining the liability of internet service providers and other intermediaries for copyright infringement adds complexity to enforcement efforts. This can also make it challenging to hold the appropriate parties accountable and protect copyright holders' rights.
• Cross-Border Licensing: The complex licensing agreements and royalty structures in cross-border transactions can make it difficult to ensure fair compensation for creators. This is a common issue in the digital age and can lead to disputes and hinder effective enforcement.
• Free Trade Agreements: Conflicting provisions in free trade agreements related to intellectual property rights can further complicate international copyright enforcement. These discrepancies can create confusion and hinder the ability to effectively enforce copyright laws.
• Legal Costs: Pursuing copyright infringement claims internationally can also be financially burdensome, especially for individual creators and small businesses. This can make it difficult for these parties to protect their rights and seek justice.
• Evidence Collection: Gathering evidence of copyright infringement across borders is often a challenging task due to differing legal standards and procedures. This can make it difficult to gather the necessary evidence to support a claim and hinder effective enforcement.
• Forum Shopping: Parties may engage in forum shopping, where they try to take advantage of jurisdictional differences in copyright laws and enforcement practices. This can create a loophole for infringers to exploit and make it more challenging to enforce copyright laws internationally.
• International Harmonization: In this era of globalization and digitalization, achieving international harmonization for copyright laws is a continuing process. Nevertheless, this endeavour is rather intricate due to profound discrepancies in copyright laws between nations. Respecting cultural diversities and national interests while maintaining a level of harmonization is a challenge.
• Public Domain Variability: Variations in the duration and extent of copyright protection among countries can affect the availability of works in the public domain.
• Emerging Technologies: The emergence of new technologies, such as artificial intelligence and blockchain, creates unique obstacles for copyright enforcement that require international cooperation and adaptation of legal frameworks.
• Lack of International Standards: Despite the existence of international treaties like the Berne Convention and TRIPS Agreement that lay out the foundations for copyright safeguarding, they do not always cover new or complex matters or offer specific instructions on how to enforce them.
• Public Domain and Copyright Term Extension: Public domain and copyright term extension are one of the most disputed topics as they revolve around the question of how to maintain a balance between protecting intellectual property rights and the freedom of using it. Establishing norms about what creates public domain and whether copyright should be extended are issues still under discussion.
• User-Generated Contents and Platforms: User-generated content and social media networks have seen a steady increase in controversies relating to copyright infringement, fair use, as well as the obligations of these platforms in monitoring and removing copyrighted material uploaded by their users. How to strike a balance between ensuring that intellectual property rights are protected while allowing for creativity and expression on these platforms is another burning issue.
• Streaming and Distribution Models: The evolution of streaming services for music, movies, and other forms of media has greatly transformed the entertainment sector and sparked debates regarding compensating creators. The primary focus now is on reaching a fair agreement on how revenue should be shared among content creators, distributors, and streaming platforms.
• Orphan Works: The problem of orphan works, that is, those materials that have a copyright but an owner cannot be identified or located, poses some difficulties for individuals who wish to use or distribute these works. Even if the owner cannot be found, there is still the threat of infringement.

These obstacles underscore the importance of continuous international cooperation, harmonization of laws, and technological advancements in tackling copyright violation in an interconnected digital world. Resolving these issues often necessitates collaboration among nations, the creation of global treaties and accords, and the utilization of technology to track and uphold copyright protection measures across national boundaries.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565

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