Digital Copyright Law

This article is written by Yachika Sharma, 4th year BA LLB student of Institute of Law and Research during her internship with LeDroit India.

Introduction

With the growth of technology, new challenges to existing copyright rules have arisen. As technology advanced to new heights, it made digital data more accessible, allowing for the exploitation of copyrighted works. Instantaneous duplication of original work is possible thanks to the Internet/digital media.

Section 13 of the Copyright Act of 1957[1] establishes a list of protected works. The invention, use, and exploitation of mental or creative labor are all governed by copyright laws. It encourages authors, composers, and artists to create original works. Copyright serves as a reward for the time period for which it is granted.

Computer programmers, databases, layout, and other concepts arose as a result of technological advancements. Copyright is a fundamental problem in Intellectual Property Rights in the digital era. The purpose of this article is to learn how copyright law protects computer-based works and how the international community has responded to the problems of digital technology in terms of intellectual property. It will also look at how Indian copyright law has changed in the digital age and identify the gaps in the current framework for copyright protection.

 The following component of copyright are protected by various laws:

1. Internet
2. Database
3. Software/Computer Program

Internet

In 1995, India launched the first publicly accessible internet services. It has been booming on several fronts since then. Copyright law is still utilized to protect content that is available on the internet today, just as it was before the internet.

The Berne Convention, which was adopted on a global level in 1886[4], was the first attempt to unify copyright law. In 1994, it was followed by the TRIPS Agreement. In 1996, when the World Intellectual Property Organization (WIPO) was established, it brought with it the WIPO Copyright Treat].This pact ensures that all types of computer programmers’ are protected.

Sections 13 and 63 safeguard literary works, images, sounds, and other creative works from being duplicated without the copyright holder’s permission. It does not specify who is responsible for the ISPs’ infringement.

 Database

The term “database” refers to a systematic collection of numerous independent, original or non-original data that is accessible via various electronic and other means. The programme that processes and manages the data, as well as the data content itself, make up a database.

 Section 13(1)(a) of the Copyright Act of 1957 protects them. It declares that original literary, theatrical, musical, and creative works in India should be protected by copyright. Anyone who knowingly uses an infringing copy of a computer programmers on a computer is punishable under Section 63B of the same Act. The penalty consists of a minimum of seven days in prison and a maximum of three years in prison, as well as a fine of not less than fifty thousand rupees but not more than two lakh rupees.

The injured party is entitled to compensation of Rupees one crore from the individual who violates the databases’ copyright and other cyberspace regulations under Section 43 of the Act. The Act’s Section 43 covers a wide range of offences, including cracking computer codes, computer trespass, digital copying, invasion of privacy, data theft, and so on. Section 66 of the I.T. Act lists the penalties that can be imposed in such instances.

Computer Program

A set of instructions capable of enabling a machine with information processing capabilities to signify, perform, or achieve a certain function, task, or outcome when incorporated in a machine readable media. Computers contain a set of instructions for achieving certain results, and these instructions are referred to as programs.

Companies in a variety of emerging and developed countries rely extensively on computer programmers’ for their day-to-day operations. Because these products have a big market, they are easy to copy. Copyright protection allows these businesses to charge monopolistic rates and prevent piracy.

The TRIPS Agreement grants copyright protection to computer programmer in the same way as it does to any other literary creation. In accordance with this, the Copyright Act of 1957 in India encompasses the copyright protection of computer programmers’.

The 1994 Amendment to the Copyright Act in India made significant revisions to this statute. It clarified:

• Copyright holders’ rights.
• Software rental position.
• Backup copies rights.

Despite the fact that computer programmers’ are considered literary works, distinct provisions of the Act govern their rights and infringement. Section 14(b) of the Act specifies the rights to copyright for computer programmers’, as well as sale and rental rights.

The punishment and fine are dealt with in Section 63B. The individual who violates the software copyright can be prosecuted under both civil and criminal law.

Digital Copyright Law: 

COPYRIGHT (AMENDMENT) ACT, 2012 

1. The brief and unintentional storage of a work or performance solely in the specialized cycle of electronic transmission or public communication;
2. All forms of work now have access to a fair dealing exception for educational purposes. It has also been expanded to include current event reporting and public lecture delivery…
3. Electronic links resulting from temporary and incidental work storage are not expressly banned.
4. In a digital environment where rights are managed through online contracts, unlawful alteration or deletion of right management information has been deemed a crime. This provision is found in Section 65B of the Act.
5. The process of creating a three-dimensional thing from a two-dimensional imaginative effort, such as a specialized drawing, for the purpose of industrial use of any merely practical portion of useful equipment.

THE COPYRIGHT RULES, 2013

These regulations, which went into effect on March 14, 2013, outline the procedure for relinquishing a license.

1. Copyright
2. Compulsory licenses
3. Statutory licenses
4. Registration of copyright societies
5. Membership and administration of affairs of copyright societies and performers’ societies.

DRAFT COPYRIGHT (AMENDMENT) RULES, 2019

The Department for Promotion of Industry and Internal Trade released it (DPIIT). It has some major ideas in the form of draught rules, like as

1. The Appellate Board takes the place of the Copyright Board.
2. The technique in which copyright organizations set tariff plans.
3. A separate account in the copyright societies to keep track of the royalties paid to authors.
4. Copyright firms should also produce an annual transparency report for each financial year, according to the paper

Conclusion

With the passage of time and technological advancements, the digital world expands and changes, bringing with it uncertainty, new issues, and new methods to break the law. The new digital era has undoubtedly assisted innovation and its successful dissemination among the general public, but it has also given rise to various fears and concerns about violation of the same. As a result, content creators and owners around the world will be motivated to produce more high-quality work for the general public. Strong laws should be included to safeguard the author’s work against infringement. The current copyright systems and laws protect copyright owners, but they also have some flaws. To avoid the infringement of copyrighted content, society must be educated.

Suggestions

• Due to the ease with which works can be transmitted across borders without the authorization of the owner thanks to the internet, a procedural system for international litigation will aid in the execution of previously existing substantive provisions.
• Data infringement and piracy could be reduced with the help of an online licensing system. In cases of online copyright infringement, more clarity on the jurisdiction is needed. In such circumstances, the laws are vague as to what will determine jurisdiction.
• In order to decrease accidental infringements, ordinary users should be educated on copyright protection and infringement.
• The methods and rules for copyright infringement in different states should be standardized in order to produce uniform legislation for digital issues.

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