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B.B.A.LL.

B (Integrated Law degree course)


(X Semester)

TOPIC

EMERGING COPYRIGHT LAWS IN INDIA WITH RESPECT TO DIGITAL


TECHNOLOGIES

Submission To: Submitted By:

Mr. Vipin Yadav Mahendra Chouhan

Faculty of IPR Roll no:- L/131

Designation: Assistant Professor Semester-X


ACKNOWLEDGEMENT

I take this opportunity to express our humble gratitude and personal regards to Mr.Vipin
Yadav or inspiring me and guiding me during the course of this project work and also for his
cooperation and guidance from time to time during the course of this project work on the
topic.

Neemrana

Date of Submission: 07/05/2018


ABSTRACT

The copyright law in historical annals is known to be the legacy of technology. It


has undergone systematic changes keeping in view the nature, extent and domain
of technology involved to secure the public interest of creativity, innovation and
ingenuity. Its main thrust is to provide adequate incentives to authors and creators
of diverse copyright works, on the one hand, and make such works accessible to
the public on the other hand. The copyright law had to adjust itself between the
need to award the creator and the desirability of making such works public. With
the ubiquity of the Internet as a unique and wholly new medium of worldwide
human communication all over the world, shrunk into a digital global village, the
protection of copyright works has become a serious concern for lawyers, as well
as, the other stakeholders. The Internet together with P2P computer networks
makes it possible for an increasingly larger number of individuals to participate in
collaborative information production, thereby enervate the efforts to provide
incentives to original creators of intellectual property. The Internet enables the
nearly-instantaneous, original quality reproduction of and world-wide, lightening-
speed dissemination of copyrighted works – arresting features that further make
Internet to be “the world’s biggest copy machine”. The puzzles and paradoxes
underlying the digital dilemma, by nature, are connected with the dichotomy
between the notion of “information wants to be free” and the demands for
stronger proprietary control of information in the digital environment. Against the
above background, this paper shall examine and critically analyze emerging
issues regarding copyright protection in digital environment.
CONTENTS

1. Introduction

2. Copyrights: An Overview

3. Copyright and the Internet Revolution – The Changing Landscape

3.1 File Sharing

3.2 Social Networking Sites

3.3 Visual Arts

3.4 E-books

3.5 Sound Recordings

4. Copyright in Digital Media – Position Under Indian Law

4.1 The 2012 Amendment and its Implications on Digital Trends

4.1.1 Communication to Public

4.1.2 Moral Rights

4.1.3 Fair Dealing

4.1.4 Storage of Works

4.1.5 Other Exceptions

4.2 Analysis of the 2012 Amendment

4.3 Provisions Under the Information Technology Act, 2000

5. Suggestions

6. Conclusion

7. Bibliography
INTRODUCTION

When delving upon the relationship between law and technology, copyright is one
of the finest examples. On the one hand technology was the progenitor of
copyright; on the other hand, every new technology has posed a potential threat to
the copyright-based industries. The industry consequently has put every new
invention to its advantage in terms of creating newer forms of exploitation of art,
widening markets and increasing profits – with digital technologies being the
latest inventions in the field. Being the hallmark of the present millennium, digital
age is a witness to yet another epoch unfurled by the Internet and this junction is,
in many ways, a defining moment in the long and chequered history of copyright.1
Digital technology has a phenomenal impact on copyright works – its
creation, dissemination, and protection – as digital content can be combined,
altered, and manipulated easily. Thus, digitization has made it much easier to
manipulate, reproduce, and distribute protected works. By enabling perfect copies
of copyrighted works for little to no cost, digital technology threatens to
undermine the distribution systems and increase unauthorized use of copyright
works.2 The Internet is structured as an 'open platform model', wherein the
authors can freely disseminate their works without the intervention of traditional
publishers: authors are becoming 'publishers'. Furthermore, traditional
intermediaries, such as university libraries, may take on new roles as information
providers: intermediaries are becoming publishers as well. This convergence of
roles may eventually affect the existing system of rights allocation in copyright
and neighbouring rights legislation.3 Thus, in a way the Internet has scrambled the
beautifully arranged, dogmatically duly characterized and justified picture of
copy-related and non-copy related rights under the Berne Convention.4

1
Mittal, R. (2006). From Printing Press to the Internet: The Stride of Copyright along with
Technology, Intellectual Property and Technology Law Journal, 1, 21-46.
2
Burgess, J. (1993). Internet Creates a Computer Culture of Remote Intimacy, The Washington
Post, A1, A8.
3
Hugenholtz, P.B. (1996). The Future of Copyright in a Digital Environment. Hague: Kluwer
Law International.
4
Ficsor, M. (2002). The Law of Copyright and the Internet. London, Oxford University Press.
COPYRIGHTS: AN OVERVIEW

A copyright is a right conferred on the owner of a literary or artistic work. It is an


exclusive right to control the publication, distribution and adaptation of creative
works. The right lies with the owner-cum-copyright holder for a certain period.
As the time lapses, the work can be republished or reproduced by others. In most
countries the time span of a copyright extends through the entire life of the owner
and lasts up to a period of about 50 to100 years after his/her death,5 with the
Indian law providing for its enjoyment for 25 to 60 years, depending on the nature
of work.6 The term of “copyright” holds to a period 25 years after author's death.
Copyright stands for legal right to prevent others from copying an existing
work of an individual. It is such a right exclusively given for a definite period of
time to the originator (author or creator) of intellectual work such as publication,
or an article or a literary work for sale or any other use. Generally, a copyright is
granted if the work fulfils the following three requirements: 1) The work must be
original and not copied from other's work. 2) The work must be in a “tangible”
form that is, either written down or record on tape, videotape disk, CD and so on,
and 3) The work must be more than just on idea: an idea is not copyrightable
although a particular expression of idea is. In India, during the period of east India
Company, the copyright act 1847 was enacted. It was followed by Indian
copyright act 1914, which was influenced by British copyright act. After
independence, comprehensive copyright act was enacted in India in 1957.

5
OECD (2015). Copyright in the Digital Era: Country Studies, Enquiries into Intellectual
Property’s Economic Impact, Available at: https://www.oecd.org/sti/ieconomy/Chapter5-KBC2-
IP.pdf.
6
Chothani, P. Managing Copyright in the Digital Era, available at
http://www.managingip.comarticle.aspx?
COPYRIGHT AND THE INTERNET REVOLUTION – THE CHANGING
LANDSCAPE

The core copyright-intensive industries are industries that are wholly engaged in
creating, producing and manufacturing, performing, broadcasting, communicating
and exhibiting, or distributing and selling works and other protected subject
matter. WIPO identified the following nine groups as core copyright industries as
press and literature, music, theatrical productions, operas, motion picture and
video, radio and television, photography, software and databases, visual and
graphic arts, advertising services, copyright collective management societies.7
The recent digital revolution and the emergence of the Internet in particular have
had a strong impact on these copyright-intensive industries.8 Endemic copyright
infringement facilitated by broadband infrastructure is increasingly drawing the
telecommunications and Internet communities into the debate on intellectual
property rights. For instance, a single Tweet may satisfy the threshold of
originality, even though Tweets are limited to just 280 characters. This is so, as
one of the world's most famous short stories “For sale: baby shoes, never worn” is
only 33 characters.
Digital technology blurs the line between different categories of copyrightable
works9 and the means of communication to the public as well. There has been
substantial growth in mobile broadband access and internet facilities, opening up
new communication possibilities to people. In the online environment, works such
as videos, recordings of musical performances, and texts can be posted anywhere
in the world, retrieved from databases in foreign countries, or made available by
online service providers to subscribers located throughout the globe.10 The digital
world requires a balance to be struck, especially when the consumer is the creator,
the marginal cost of copying is zero, enforcement of existing law is extremely
difficult, and when “free” access to information and content is considered by
many to be a right. Following are some of the ways copyright infringements may

7
Ibid.
8
Kretschmer, T. (2012), Information and Communication Technologies and Productivity Growth:
A Survey of the Literature, OECD Digital Economy Papers, No. 195]; See id 6.
9
Boon, D. S. K. (1998). Copyright Norms and the Internet: The Problems of Works Convergence,
Singapore Journal 0f International and Comparative Law, 2, pp.76-116.
10
Rafiqi, F. A. & Bhat, I. H. (2013) Copyright Protection in Digital Environment: Emerging
Issues, International Journal of Humanities and Social Science Invention, Vol. 2 Issue 4 pp. 06-15,
Available at: http://www.ijhssi.org/papers/v2(4)/version-3/B240615.pdf
take place with respect to the growth of digital technologies, apart from the
traditional sources of piracy:
 File Sharing: Digital content is flourishing on the Internet according to a
range of indicators. Data also indicate that a significant portion of traffic is
infringing, notwithstanding the fact that the vast majority of the most popular
works are available legitimately online.11 “Torrents” are metadata file for
peer-to-peer sharing, that have changed the face of digital piracy in and
around the world. A self-explanatory example of the same was the fifth season
of a popular television series Lost was considered as the most ‘pirated’ show
in 2010, with over 2 million downloads in the first week and reports of over
100 000 people sharing a single “torrent”. Within 20 minutes of the broadcast,
subtitled versions also appeared on different pirated websites.
 Social Networking Sites: Social networking sites are widely used for
publishing and sharing user-generated content. There are now 750 million
Facebook users, one billion tweets are sent per week via Twitter, and more
than 48 hours of video are uploaded every minute on YouTube. An instance of
copyright violation is the Facebook page that goes by the name 'Zee Khana
Khazana', which was found to be stealing photographs from food bloggers and
websites for their features. Due to such instances and pressure from the
creative industries, Google implemented a number of policies in 2010 to
dissuade people from searching for illegal copyright material. YouTube
operates a content identification system of assigning a digital “fingerprint”,
which not only filters content, but also offers rights holders the opportunity to
monetize their content.12
 Visual Arts: Visual arts are another sector with corollary opportunities for
piracy. Today, online services are frequently used to disseminate visual arts,
with the emergence of dedicated online databases containing specialized arts
images. Images are disseminated without charge (Google Images), or for a
given fee through photo stock agencies (NMR, Corbis) and microstocks

11
KPGM (2014), UK Availability of Film and TV Titles in the Digital Age. Available at:
http://www.kpmg.com/UK/en/IssuesAndInsights/ArticlesPublications/Documents/PDF/Market%2
0Sector/Technology/uk-availability-of-
filmandtv.pdf?utm_medium=social&utm_source=twitter&utm_campaign=nbc
12
Pandey, S. K. (2016) Intellectual Property Rights: In Digital Environment, International Journal
of Emerging Trends & Technology in Computer Science (IJETTCS), Vol. 5, No. 3, Available at:
http://www.ijettcs.org/Volume5Issue3/IJETTCS-2016-06-20-69.pdf.
(Getty Images). Metadata and other important information of authenticity can
be stripped from works in the online environment, which exacerbates the
obstacles affecting visual artists’ efforts to protect and license their works.13
 E-books: E -books are books composed in or converted to digital format for
display on a computer screen or handheld device, which are gaining
popularity around the globe. While their sales make up 2-3% of the total book
sales in the United Kingdom, 8% of book sales in the United States have been
reported. On 19 May, 2011, Amazon announced that since April its sales of e-
books had overtaken sales of all forms of print books combined with a ratio of
105 e-books for every 100 print books. This does not include downloads of
free Kindle e-books, which if counted, push the e-book advantage even
higher.14
 Sound Recordings: The sound recording industry faces three types of
infringement. First, there is a simple way by which songs from different
legitimate cassettes are copied and put in a single cassette; they are packaged
to look different from the original products and sold in the market. Second is
counterfeiting, wherein songs are copied into and packaged to look as close to
the original using the same label, logos, etc., which mislead users into
thinking that they are buying original products. The third form is bootlegging,
wherein unauthorised recordings of performance by artists are made and
subsequently reproduced and sold in the market. The third form of piracy is
the greatest threats to today's music world. In India, the original CD market is
just 2 to 3 per cent of the overall music market in the country due to high
prices that range between Rs.l50 to Rs.550. Due to this factor, the number of
individuals preferring to download ‘free’ music is exceptionally high.15

13
See id 6.
14
See id 6.
15
Juniper Research (2014), Digital Music: Streaming, Download & Legacy Services 2014–2019.
Available at: http://www.juniperresearch.com/whitepaper/music
COPYRIGHT IN DIGITAL MEDIA - POSITION UNDER INDIAN LAW

The Indian copyright law mainly consists of the Indian Copyright Act 1957,16
which contains a number of leading sections like creation of copyright office,
setting up of copyright board, enlargement of the scope of copyright; reacquire
copyright, extension of right to translation and rights to Akin to copyright. The
Copyright Act 1957 was framed and adopted on the basis of international
instruments, such as the Berne Convention, 1886 and Universal Copyright
Convention 195217. The following provisions of the Copyright Act, 1957 can
safely be relied upon for meeting the challenges of advanced technology:
a) The inclusive definition of computer is very wide which includes any
electronic or similar device having information processing capabilities.18
Thus, a device storing or containing a copyrighted material cannot be
manipulated in such a manner as to violate the rights of a copyright holder.
b) The term computer programme has been defined to mean a set of
instructions expressed in words, codes, schemes or in any other form,
including a machine readable medium, capable of causing a computer to
perform a particular task or achieve a particular result.19 Section 13(a) read
with Section 2(o) confers a copyright in computer progamme and its
infringement will attract the stringent penal and civil sanctions.
c) The inclusive definition of literary work includes computer programmes,
tables and compilations including computer databases.20

The 2012 Amendment and its Implications on Digital Trends


The amendments in 1994 were a response to technological changes in the means
of communication like broadcasting and telecasting and the emergence of new
technology like computer software. The 1999 Amendments have made the
copyright fully compatible with Trade-Related Aspects of Intellectual Property
Rights (TRIPS) Agreement. However, the Amendments introduced by the
Copyright Amendment Act, 2012 are significant in terms of range as they address
the challenges posed by the Internet, major ones being discussed forthwith:
16
The Copyright Act, 1957 was amended several times, with the latest amendment being, Act 27
of 2012 that came into force on 21 June, 2012.
17
Thairani, K. (1987) Copyright-The Indian Experience, Allied Publishers.
18
Section 2(ftb) of the Indian Copyright Act, 1957.
19
Section 2(ffc) of the Indian Copyright Act, 1957.
20
Section 2(o) of the Indian Copyright Act, 1957.
1. Communication to Public: The definition of the term “communication to the
public” now stands amended, with the erstwhile definition only applicable to
“works”. According to the Act, “publication” now means “making a work
available to the public by issue of copies or by communicating the work to the
public”. Thus, if the work or performance is made available, whether
simultaneously or at places and times chosen individually, it would also be
considered as communication to “public”. Thus, on demand services (video on
demand, music on demand); will clearly be considered as “communication to
public”. The communication through satellite or cable or any other means of
simultaneous communication to more than one household or place of
residence including residential rooms of any hotel or hostel shall be deemed to
be communication to the public.21 This definition, by virtue of its non-
restrictiveness, can be construed as covering electronic publishing and,
thereby, 'publication' on the Internet.
2. Moral Rights: Section 57 of the Act recognizes special rights of the author of
the work,22 also known as “moral rights” viz.
(i) Right to claim authorship of the work; and
(ii) Right to restrain or claim damages in respect of any distortion,
mutilation, modification or other act in relation to the said work if such
distortion, mutilation, modification or other act would be prejudicial to
his honour or reputation (“Right Against Distortion”).
Earlier, the said section provided the power to the legal representatives to
protect the Right Against Distortion of the author, however, the 2012
Amendment expanded its purview and allowed the same with respect to Right
to Authorship as well. Therefore, post death of the author, if he is not given
credit for his work, then legal representatives, may take necessary action to
remedy such breach. Thus, the rights of the author that may be affected by any
new technological development occurring in the future can now be protected
under the Indian law.
3. Fair Dealing: The acts expressly included fair dealing with a literary,
dramatic, musical or artistic work (not including a computer program) for the

21
Explanation to Section 2(ft) of Copyright Act, 1957. Also see Super Cassette Industries Limited
v. Entertainment Network (India) Limited, AIR 2004, DEL. 326(344)
22
Smt. Manu Bhandari v. Kala Vikash Pictures Ltd., AIR 1987 DEL 13(17); Ganapati Prasad v.
Paranandi, AIR 1992 AP 230.
purpose of private and personal use including research23, criticism or review24,
the making of copies or adaptation of a computer programme by the lawful
possessor of a copy of such computer programme, from such copy in order to
(1) utilize the computer programme for the purposes for which it was
supplied; or (2) make back-up copies purely as a temporary protection against
loss, destruction or damage in order only to utilize the computer programme
for the purpose for which it was supplied. A fair dealing exception has been
extended to the reporting of current events, including the reporting of a lecture
delivered in public. It also clarified that the storing of any work in any
electronic medium for the purposes mentioned in this clause, including the
incidental storage of any computer programme which is not an infringing
copy, does not constitute infringement.25
4. Storage of Works: The transient and incidental storage of a work or
performance for the purpose of providing electronic links, access or
integration, where such links, access or integration has not been expressly
prohibited by the right holder, unless the person responsible is aware or has
reasonable grounds for believing that such storage is of an infringing copy:
Provided that if the person responsible for the storage of a copy, on a
complaint from which any person has been prevented, he may require such
person to produce an order within fourteen days from the competent court for
the continued prevention of such storage.
5. Other Exceptions: Few exceptions were carved out to pave for legitimate use
of copyright material while encountering technology, which can be summed
up as doing of anything not expressly prohibited by this Act, doing anything
necessary to conduct encryption research using a lawfully obtained encrypted
copy, conducting any lawful investigation, doing anything necessary for the
purpose of testing the security of a computer system or a computer network
with the authorization of its owner or operator, doing anything necessary to
circumvent technological measures intended for identification or surveillance
of a user; or taking measures necessary in the interest of national security.

Analysis of the 2012 Amendment

23
Section 52(a)(i) of the Indian Copyright Act, 1957.
24
Section 52(a)(ii) of the Indian Copyright Act, 1957.
25
Section 52(1) (aa) of the Indian Copyright Act, 1957.
One of the major breakthroughs made by India through these amendments was
compliance with WIPO mandate without formally ratifying the WIPO Treaty.
New provisions have been inserted in relation to Right Management Information
(RMI). RMI is defined to mean: (a) the title or other information identifying the
work or performance; (b) the name of the author or performer; (c) the name and
address of owners of rights; (d) terms and conditions regarding the use of rights;
and (f) any number or code that represents the information referred to in sub-
clauses (a) to (d), but does not include any device or procedure intended to
identify the user. Under the Amendment many acts are considered as offences and
are punishable with imprisonment which may extend to two years, as well as,
fine. The owner of copyright may also avail of civil remedies provided under
Chapter XII against the persons indulging in such acts. When comparing this
section with the US Digital Millennium Copyright Act, there are numerous
differences. For instance, there is ambiguity as to how the term “authority” is
construed under the amended section. Furthermore, the DMCA makes exceptions
for such activities by law enforcement, intelligence or other authorized
government personnel, which is not the case in Section 65B. The exemptions as
provided under Section 65A (2), should have also been made applicable in
relation to Section 65B.

The 2012 Amendment has introduced a new Section 53 which provides a


detailed procedure where the owner of the copyright can make an application for
seizing of infringing copies of works that are imported into India.26 This provision
appears to be an aid to the copyright owner to prevent import of infringing copies
into India. The right holders will face difficulties to convince the authorities about
their ownership of unregistered copyright and therefore, there is a need for
guidelines to be issued in respect of unregistered copyright for better
implementation of the object of this provision. Further, in the case of the
Gramophone Co. of India Ltd. v. B B Pandey27, the Supreme Court concluded
that the word 'import' in Sections 51 and 53 of the Act means 'bringing into India
from outside India' and is not limited to importation for commerce only but
includes importation for transit across the country. The moment goods enter India,

26
This amendment is also in line with the Intellectual Property Rights (Imported Goods)
Enforcement Rules, 2007.
27
1984 (2) SCC 534. SC
even if it is on transit it is prone to violation of copyright. With these
amendments, the Indian Copyright Law has become a forward-looking piece of
legislation and the general opinion is that, barring a few aspects, the amended Act
is capable of facing copyright challenges of digital technologies including those
of Internet

Provisions Under the Information Technology Act, 2000

The following provisions of the IT Act, 2000 are relevant to understand the
relationship between copyright protection and information technology:
a. Section 1(2) read with Section 75 of the Act provides for extraterritorial
application of the provisions of the Act.28 Thus, if a person (including a
foreign national) violates the copyright of a person by means of computer,
computer system or computer network located in India, he would be liable
under the provisions of the Act.
b. If any person without permission of the owner or any other person who is
in charge of a computer, computer system or computer network accesses
or secures access to such computer, computer system or computer
network29 or downloads, copies or extracts any data from such computer
system or network including information or data held or stored in any
removable storage medium,30 he shall be liable to pay damages by way of
compensation not exceeding one crore rupees to the person so affected.
This is deterrent enough to prevent copyright violation.
c. If the copyright is violated intentionally and for earning profit, the
quantum of damages will be more as compared to innocent infringement.31
d. If a network service provider (ISP) proves that the offence was committed
without his knowledge, he shall not be liable under the Act.32

28
Dalal, P. & Gupta, S. (2004). The Unexplored Dimensions of Right To Privacy, IJCL, Vol. III,
No 2, p.22
29
Section 43(b) of the Information Technology Act, 2000.
30
Section 43(b) of the Information Technology Act, 2000.
31
Section 47 of the Information Technology Act, 2000.
32
Section 79 of the Information Technology Act, 2000
SUGGESTIONS

Digital technology has made copyright enforcement difficult to achieve.33 It is


necessary to balance between easy infringement and expensive enforcement, and
to address the uncertainties involved in international litigation. As technology
allows copyrighted materials to be transmitted easily around the globe without the
authorization of the copyright owner, there is an increased need for protection
without borders. In order to augment enforcement the following measures may be
taken:
 The enforcement aspect of the provisions is a matter of great concern and
there is an urgent need of building better administrative machinery for the
enforcement of the legislation. This also requires a well-equipped specialized
force for detection and enforcement of provisions relating to copyright
violations.
 There are still misconceptions, difficulties of access to courts, slow growth of
copyright bar and delay in disposal of whatever cases reach the courts.
Redress and access to the adjudicatory machinery must be improved and this
can be done in a better manner, if copyright or intellectual property tribunals
manned by specialists in the areas are set up throughout the country.
 The provisions of the Berne Convention taken in conjunction with other
international instruments can provide the basis for a unified global system of
copyright. To be effective, future planning should be based on moves
towards a world copyright regulation which will incorporate harmonized
rules on all fundamental issues.34
 Lastly, since, the pirate is using new technologies in the digital environment
to infringe on the copyright, so in the same vein, the holders of these rights
should use the very means to counter such actions of infringer. As renowned
novelist Chinua Achebe once said the Engel bird says 'since man has learnt to
shoot without missing, I have also learnt to fly without perching'.

33
Austin, Graeme W. (1999). Domestic Laws and Foreign Rights: Choice of Law in
Transnational Copyright Infringement Litigation, Columbia, VLA Journal of Law & the Arts, 23,
pp. 1-46.
34
Ginsburg, J. (1995). Putting Cars on the 'Information Superhighway': Authors, Exploiters, and
Copyright in Cyberspace, Columbia Law Review, 95, pp.1466-1485
CONCLUSION

The evolution of copyright has been closely linked to technological development.


Whereas, most of the technologies made copyright protection more difficult,
digital computers managed to alter the fundamental concepts behind copyright.
These challenges to copyright industry have emerged at a time when the share of
copyright in national economies is reaching unprecedented levels. The recent
Amendments to the Indian copyright law have certainly given room for using
creative lawyering skills to develop and structure innovative business models to
help the industries effectively deal with the changes. However, it is still quite
critical to adjust the legal system to respond to the new technological
developments in an effective and appropriate way, keeping in view the speed and
pace of these developments. This will maintain balance between the stakeholders
be it uses or creators for the public interest. In order to do so the focus of the anti-
circumvention regulation should be to target at the technologically sophisticated
persons who have the potential to become circumventors, and the manufacturers
and distributors of circumvention-enabling devices. In most circumstances,
technologically sophisticated persons, albeit relatively small in number, have the
technological know-how to bypass technological measures. On the contrary,
ordinary users are by no means equipped with the sufficient technological know-
how to make protection-defeating devices in order to circumvent technological
measures.
BIBLIOGRAPHY

 Indian Copyright Act, 1957


 Information Technology Act, 2000
 Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
 Ganapati Prasad v. Paranandi, AIR 1992 AP 230.
 Gramophone Co. of India Ltd. v. B B Pandey, 1984 (2) SCC 534.
 Smt. Manu Bhandari v. Kala Vikash Pictures Ltd., AIR 1987 DEL 13(17).
 Super Cassette Industries Limited v. Entertainment Network (India) Limited,
AIR 2004, DEL. 326(344).
 Austin, Graeme W. (1999). Domestic Laws and Foreign Rights: Choice of Law
in Transnational Copyright Infringement Litigation, Columbia, VLA Journal of
Law & the Arts, 23, pp. 1-46.
 Boon, D. S. K. (1998). Copyright Norms and the Internet: The Problems of
Works Convergence, Singapore Journal 0f International and Comparative Law,
2, pp.76-116.
 Burgess, J. (1993). Internet Creates a Computer Culture of Remote Intimacy,
The Washington Post, A1, A8.
 Chothani, P. Managing Copyright in the Digital Era, available at
http://www.managingip.comarticle.aspx?.
 Dalal, P. & Gupta, S. (2004). The Unexplored Dimensions of Right To Privacy,
IJCL, Vol. III, No 2, p.22.
 Ficsor, M. (2002). The Law of Copyright and the Internet. London, Oxford
University Press.
 Ginsburg, J. (1995). Putting Cars on the 'Information Superhighway': Authors,
Exploiters, and Copyright in Cyberspace, Columbia Law Review, 95, pp.1466-
1485
 Hugenholtz, P.B. (1996). The Future of Copyright in a Digital Environment.
Hague: Kluwer Law International.
 Juniper Research (2014), Digital Music: Streaming, Download & Legacy
Services 2014–2019. Available at:
http://www.juniperresearch.com/whitepaper/music
 KPGM (2014), UK Availability of Film and TV Titles in the Digital Age.
Available at:
http://www.kpmg.com/UK/en/IssuesAndInsights/ArticlesPublications/Documen
ts/PDF/Market%20Sector/Technology/uk-availability-of-
filmandtv.pdf?utm_medium=social&utm_source=twitter&utm_campaign=nbc
 Kretschmer, T. (2012), Information and Communication Technologies and
Productivity Growth: A Survey of the Literature, OECD Digital Economy
Papers, No. 195].
 Mittal, R. (2006). From Printing Press to the Internet: The Stride of Copyright
along with Technology, Intellectual Property and Technology Law Journal, 1,
21-46.
 OECD (2015). Copyright in the Digital Era: Country Studies, Enquiries into
Intellectual Property’s Economic Impact, Available at:
https://www.oecd.org/sti/ieconomy/Chapter5-KBC2-IP.pdf.
 Pandey, S. K. (2016) Intellectual Property Rights: In Digital Environment,
International Journal of Emerging Trends & Technology in Computer Science
(IJETTCS), Vol. 5, No. 3, Available at:
http://www.ijettcs.org/Volume5Issue3/IJETTCS-2016-06-20-69.pdf.
 Rafiqi, F. A. & Bhat, I. H. (2013) Copyright Protection in Digital Environment:
Emerging Issues, International Journal of Humanities and Social Science
Invention, Vol. 2 Issue 4 pp. 06-15, Available at:
http://www.ijhssi.org/papers/v2(4)/version-3/B240615.pdf
 Thairani, K. (1987) Copyright-The Indian Experience, Allied Publishers.

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