As we enter into the emerging era of software technology and the ever-growing
sphere of the internet and world wide web, protection of data and the importance
of copyright protection has taken center-stage. The Invention of digital
technology was the most important revolution in the last century. The influence
of digital technology on information technology is phenomenal and indispensable.
This era has witnessed a new culture of the internet.
It is changing our
lifestyle and way of doing business from traditional commerce to e-commerce. The
government of India by passing IT (Information Technology) Act 2000 and later
amending it on 27th October 2009 has given stimulus to cyber law. But various
issues are not specifically covered by the Act, such as copyright, payment
issues, media convergence, cyber squatting and jurisdiction. As the technology
creates new opportunities, it also poses new challenges.
Copyright is the most
complicated area of cyber law and facing its greatest challenge. Copyright law
today protects works such as literary, dramatic and artistic works;
cinematography films; sound recording and computer programs, databases and
As per Section 13 and 63
of Indian Copyright Act, 1957, literary works,
pictures, sound recordings and other creative works
are Kept safe from getting
copied without copyright holder's consent.The question of how copyright law
governs or will govern these material is as they are seen in Internet is still
According to the Act, in the case of computer program protection is given
on the basis of whether the same is given or hired, or offered for sale or hire,
any copy of the computer program,no matter whether such copy has been sold or
given on hire on prior occasions.
Challenges/ Issues with respect to copyright in Cyberspace:
Copyright has an immediate connection to the circle of the internet. The
internet is a virtual world, which in fact exists just in PC memory, yet it is
intuitive and beating with life.1 In the internet, one can meet and converse
with new individuals, read, distribute, research, hear music, see video, see
craftsmanship, buy and sell things, get to government records, send email,
download programming, and get specialized support.
The dynamic changes in field
of Cyberspace are expanding with all of data utilized on web by entire world.
laws have yet to catch up with it.The major need for appropriate copyright laws
in India in the field of cyberspace is because of the limitation of the
Information Technology Act, 20002, which fails to cover various issues such as
copyright, domain name, cyberspace and jurisdiction.
Ease of replication- If one wishes to save this Article,he can get a perfect
replicate of the original one.Moreover, he could make as many copies of it as he
wants. The beauty of digital media is that there is no degradation in successive
copying. For some, this is also its curse.
Determination of Public and Private Use:
Most basic issue regarding copyright is
drawing a line of distinction between private and public use. Likewise other
laws relating to copyright in the world, the Indian Copyright Act also lays down
distinction between public and private use. Public use reproduction is enforced
with Right Holder's consent,whereas in case of private use law provides for fair
Problem of Distribution and Reproduction Rights:
The right of reproduction
presents certain fundamental problems over the internet. This is a direct result
of the fundamental idea of web transmission. Proliferation happens at each phase
of transmission. Brief duplicating (known as caching) is a basic piece of the
transmission procedure through the web without which messages can't go through
the systems and arrive at their goals. In the Indian Law, multiplication must be
in a material structure yet incorporates storing of it in any medium by
electronic means. Case laws need to make it amply clear about the temporary and
permanent reproduction that takes place in the internet communications.
Software Piracy-Before understanding software piracy, it is basic to comprehend
the three significant kinds of programming, that is:
- Micro code: A program which controls the subtleties of execution;
- The working framework programming which control the wellsprings of a PC and
oversees routine undertakings and is an important prerequisite for a PC to work;
- An application programming which is intended to play out a specific undertaking.
Subsequently, theft of this product happens when the product so accessible on
the web is accessible to be downloaded or incidentally put away by a web client
without the authorization of the proprietor of the product. The Indian Copyright
Act can't secure the unapproved dissemination and utilization of work over the
Encroachment over the web and robbery represents a danger to inventive
works worldwide and in this manner the development of the web, the online
business and the advanced economy. Copyright proprietors' selective right of
dissemination applies to email appended or sent.
In Kelly v Arriba SoftCorp
 Leslie Kelly's copyrighted pictures were displayed
by a search engine that not only produced thumbnails but also displayed large
size pictures in its search results. This was held by the court to be an
unauthorized reproduction of plaintiff's images thatWhile making no one but
thumbnails could be defended as reasonable use, however downloading from a web
crawler the resultant full size picture added up to an encroachment.
In Microsoft Corporation v Yogesh Popat
The Delhi High Court dealt with a
copyright infringement case and awarded compensation to the tune of Rs 23.62
lacs to Microsoft Corporation against M/s Compton Computers Private ltd and its
chiefs for transferring pilfered programming of Microsoft in PCs that the
organization sold in the wake of collecting parts.
Legal Arena for Copyright Infringement
Copyright in a work is encroached when the work is
replicated without the assent of the copyright proprietor. A copyright law
manages the structure where the work is communicated. It doesn't hoard the
possibility of data. As a medium, it permits an individual to get to a lot of
data and to duplicate that data in a similar state as it is shown.
Electronic Copyright Management System (E.C.M.S):
The copyright proprietors have
a choice to utilize the innovation insurance measures. E.C.M.S is without a
doubt a lawful structure to ensure against outsiders dodging these
Technology security measures might be delegated follows:
control measures and duplicate control measures. Instances of access control
measures incorporate passwords, encryption and set top boxes. E.C.M.S is
utilized to empower the copyright proprietors to follow, oversee or forestall
replicating of their work, for example, advanced watermarking framework. This
framework permits the copyright proprietor to follow and distinguish unapproved
duplicates made by the first work.
Copyright Protection Of Computer Software/Program-Under the T.R.I.P.S Agreement,
PC programs currently meet all requirements for copyright security similarly as
some other abstract work, just as different types of I.P. insurance. Copyright
matters most in the PC programming industry to off-the rack business
For the first time in India, the copyright law clearly made several provisions
in this regard to protect the copyright owners: -The right of a copyright
holder, Position on rentals of software,The rights of the user to make backup
copies, Section 14 of Copyright Act makes it illegal the distribution of copies
of copyrighted software without paper or specific authorization, The violator can
be tried under both the Civil and Criminal Law,Heavy punishment and fines for
infringement of software copyright,Section 63(B)-Stipulates a minimum full term
of 7 days, which can be extended up to 3 years
Indian Cyber Jurisdiction:
Though it is in the early stage starting at now,
Jurisprudence improvement would get basic sooner rather than later; as the web
and internet business will shrivel fringes and consolidation topographical and
regional limitations on locale.
There are two measurements to manage:
- Manner in which remote courts accept locale over the web and relative
- The outcomes of the announcement passed by a foreign court
Analysis and Conclusion
The detailed conversation in the previous parts needs to come full circle
with the accompanying result:
- T.R.I.P.S Agreement, wherein PC programs fit the bill for copyright
insurance, should be received and executed in letter and soul by all the
- Copyright, matters most in the IT Software industry to off the rack
business applications segment in creating nations which presents two
principle issues that must be firmly observed with the goal that the
copyright proprietors over the World will be secured.
- Stronger insurance and requirement could mean an increasingly restricted
dispersion of advances. Eg: governments and benefactor associations should
survey their product obtainment approaches.
- National copyright laws should be drafted suitably.
- Genuine and earnest endeavors are made for acquirement of software.
Since software permit charges influence the absolute expense of an I.T
At last it can be concluded that the advent of the Internet is a serious concern
in the field of copyrights. The infringement of IP rights in cyberspace is
common nowadays. The one can notice how the increasing scope and sphere of the
internet and cyberspace is creating a ground for the exploitation and
infringement of rights of the owners of digital content and software data. The
current Indian Legislation on digital Law doesn't have adequate arrangement to
handle issues identifying IPR and the internet.
So there is a need for specific
provisions which regulate IP rights in Cyberspace.The Electronic Copyright
Management System (ECMS) has helped to some extent in protecting these works on
the internet. But still stronger legislation is needed to stop these
infringements. Only stronger laws can ensure that people don't illegally
reproduce or use other's work.More grounded disciplines and overwhelming
punishments must be forced that nobody submits such acts in future.
- Section 14 (c), Copyright Act, 1957
- 280 F 3 d 934,9th Cir 2002
- 2005 (118)DLT 580, followed in Adobe Systems inc v K. Khanna 2009 (5) AS
( Delhi) 954