This article is written by Rakshi Padhan, a Law Graduate of Vikash Law School, Odisha

“All the great changes are preceded by Chaos” - Deepak Chopra

The advent and fast-paced growth of digital advancements has profoundly influenced on how intellectual property (IP) is created, distributed, and protected because development of a society is inextricably associated to Intellectual Property Rights. As the world progression from customary pattern of creative works under copyright law to the safeguarding of software code in digital formats, the legal frameworks governing intellectual property have had to adapt and navigate swiftly.

LEGISLATIVE FRAMEWORK OF COPYRIGHT LAW:

Copyright law has long been the pillar of safeguarding the intellectual property rights that authentically centered on original form of expression of information and ideas. It shields categories of works including literary, dramatic, musical, artistic works, cinematography and sound recordings (Section 13 of the Copyright Act, 1957). However, age of digitalization has interrupted this classic concept, particularly with the genesis of internet. Now it has made the replicating and distributing the copyright works convenient than ever before.

A notable case contemplating this shift is Goggle LLC v. Oracle America, Inc[1], the US Supreme Court dealt with the sophisticated issue of copyright protection and software code. The dispute revolved around the use of parts of the java programming languages’ application programming interfaces (APIs) by Goggle within early versions of the Android operating system. The court ruled on behalf of Google and gave the verdict that the use of java programming language was fair use under the copyright law.

The amplification of the “Doctrine of Fair Use”, which was initially designed for mainstream media, into the areas of software and digital media, has developed both new possibilities and uncertainties. The judiciary is increasingly pressured to apply prevailing legal standards and principles to new technological perspectives, creating a dynamic and sometimes unpredictable legal environment.

FUNDAMENTAL ASPECTS OF COPYRIGHT LAW IN INDIA:

The fundamental aspects of copyright in India basically include originality, fixation and granting of exclusive rights to the original creators. In contrast to patents or trademarks, protection of copyright arises spontaneously upon the creation of a work, eradicating the need for registration. However, registration can provide legal privileges in cases of breach of rights.

1. ORIGINALITY AND EXPRESSION

The Copyright Act safeguards the original and authentic works of authorship and fixed in a tangible medium such as written format, recorded on disk or stored digitally. This aspect creates obstacles in the digital space, where the works can be easily copied and manipulated.

2. EXCLUSIVITY OF RIGHTS

Copyright Act grants the exclusive rights to reproduce, display, perform and create derivative ideas based on the original creation. However, the ease of digital and technical reproduction and sharing has led to wide-ranging infringement.

3. TENURE OF COPYRIGHT

The duration for copyright in original literary, artistic, dramatic and musical works is for the lifetime of the author plus 60 years from the beginning of the following year from the death of the author. In joint authorship, the acknowledgement to the author in copyright refers to author who dies last. In case of cinematographic films and sound recording, the duration is 60 years from the date of publication.

EVOLUTION AND STRATEGIC NAVIGATION OF COPYRIGHT IN THE DIGITAL LANDSCAPE:

The nexus between the Intellectual Property Rights and Technology has drastically transformed the mode of content creation, distribution and protection of original works. Technological revolution in India has transformed the way by which the content are created and distributed, resulting in an intensifying need for safeguarding the Intellectual protection Rights (IPR). The surge of User- Generated Content and digital piracy has mark a major shift towards the digital landscape.

User-Generated Content signifies to any form of content like videos, audio remixes, images, social media post or text. Different social media and online platforms enable the users to generate and share content very smoothly and easily. However, this has lead to consequential infringement of copyright, as the users often use copyright material without permission. On one hand UGC nurtures creativity and innovation and on other hand sparks questions about copyright infringement.

Digital piracy raises a considerable risk to copyright owners. Unapproved duplication and distribution of copyrighted material can occur through various means, including torrent sites and content-sharing platforms.

The 'safe harbour' is an emerging concept stated under Section 79 of the Information Technology Act, 2000 which exert a lasting effect over the social media content as well as AI-based platforms. As per this provision, the intermediary or mediator can’t be held accountable for any user- generated content, third- party information or data that is made available or hosted by it. In a nutshell, unless there is notice of infringement, these online platforms are not liable for these acts.

Globalisation and modernisation have taken the science and technology to a greater height and these advance technologies are becoming continuously integral and reliant to digital content creation, raising various concerns regarding the copyright authorship and ownership. This AI technology has the ability to generate and modify any images, text, video and many more, this in turn results in blurring the boundaries between human-driven creativity and machine generated output. The Copyright Act, 1957 is not adequate enough to address these intricacies and results in a demand of reassessment of the existing legal provisions.

In the Indian territory, the statutory status of AI- generated works still remains doubtful and even the Copyright Act, 1957 is silent about the works created through AI. As Artificial Intelligence persists to play a crucial role in creative content creation, the legislators must examine as how to adapt copyright laws to handle the unique challenges posed by AI Technology.

LEGAL REMEDIES FOR PROTECTION OF COPYRIGHT IN DIGITAL DOMAIN:

The remedies for protection of copyright from being infringed in digital era-

1. DIGITAL SIGNATURE AND WATERMARKS:

Digital watermarks and signatures is one of the potential tools to safeguard the original work including the literary, artistic, cinematographic films or sound recording.

2. TECHNOLOGICAL PROTECTION MEASURES:

Digital technology called Technological Protection Measures which is inculcated under the Copyright Amendment Act, 2012 means the tools which shield the original work against unauthorised access and also prevent the copyright infringement.

3. BLOCKCHAIN NETWORKS:

It refers to a mechanism that allows to record different transaction within a known network. It usually allows every member to view the entire ledger making it easy to verify and monitor the network’s activity assuring the data integrity.

JUDICIAL INTERPRETATION:

Burlington Home Shopping Pvt. Ltd. v. Rajnish Chibber & Anr.[2]

The facts of the case consists of a dispute between the plaintiff names Burlington Home Shopping Pvt. Ltd. and cable operator, Rajnish Chibber as defendant. The issue which raised was regarding the infringement of copyright by the defendant by the unauthorised transfer of its programme.

The Delhi High Court gave the verdict that the defendant is held liable for the damages and issued an injunction order to defendants from retransmitting the programmes.

Utv Software Communication Ltd. And Ors. V. 1337X.To and Ors[3]

In this case it was held that the copyright infringement hold the equal significance in both physical as well as virtual original work. And the digital realm is also bound by the provisions of Copyrights laws of India.

CONCLUSION:

The navigation from the copyright to digital innovations depicts a notable transition in approaching towards the intellectual property rights in India. As it continues to evolve, it becomes significant that it will bring both opportunities and complications for original creator as well as for users. The expansion of user- generated content spotlights the demand for insight and education pertaining to copyright laws and by enhancing the enforcement of copyright, adapting the legal frameworks and embracing updated technologies, India can successfully navigate the difficulties of Intellectual Property Rights (IPR).

Conclusively, a comprehensive strategy that respects the rights of creators while strengthening creativity and collaboration will be crucial for the future of Intellectual Property in India and contribute to a bright and dynamic creative ecosystem in the digital realm.

REFERENCES-

https://indiankanoon.org/doc/216257/

https://en.wikipedia.org/wiki/Google_LLC_v._Oracle_America,_Inc.

https://docs.manupatra.in/newsline/articles/Upload/040BB5AA-DE9A-4895-AA66-C82590E7BFF2.pdf

https://iarjset.com/wp-content/uploads/2021/07/IARJSET.2021.86105.pdf

https://lawctopus.com/clatalogue/clat-pg/copyright-issues-in-digital-era/

[1] Goggle LLC v. Oracle America, Inc 141 S. Ct. 1163(2021)

[2] Burlington Home Shopping Pvt. Ltd. v. Rajnish Chibber & Anr 1995 IVAD (DELHI) 732

[3] Utv Software Communication Ltd. And Ors. V. 1337X.To and Ors AIRONLINE 2019 DEL 773