Professional Documents
Culture Documents
TOPIC
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
1. Introduction
2. Copyrights: An Overview
3.4 E-books
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
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
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.
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.
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
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
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