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Legal Protection Of Digital Contents Under Indian Copyright Law In The Lights Of International Conventions

When someone creates something that is regarded unique and requires a significant amount of mental effort to create, it is called an invention that must be protected from unlawful imitation or duplication. Computerized programming, craftsmanship, realistic blueprints, novels, movies, distinctive structure outlines, site material, and so on are examples of inventions that must be copyrighted in order to be protected from others who might seek to profit from them. Previously, Copyright and its protection between countries were more difficult due to a lack of technology breakthroughs that made material exchange extremely difficult and expensive, making copyrighted content protection in one country exceptionally tough.

In the late 1990s, the Website Age began made a lot of improvements all over the globe by trying to come up with a more efficient way to safeguard the innovations from illegal usage and patronage.

The creation of The United States of America established the Statute of Anne in 1790, and it is often considered as the world's first copyright statute. It established one of the first copyright laws, which have subsequently been borrowed and replicated in a number of countries throughout the world.

This was owing to the need for copyright legislation to safeguard innovations, the first of which were authors whose works were threatened with being duplicated without their permission. In India, a change to the copyright law was needed to strike a balance between the need to recompense the inventor and the desire to make such works public.

The Website's universality as a one-of-a-kind, all-encompassing human resource centre reporting system has made the protection of copyrights almost impossible due to the fact that a piece of information shared on the web in one nation can easily be seen by a person thousands of miles away, copied and replicated without the owner's knowledge, hence weakening the process of protection.

With the growth of the internet, specialised copy machines or recording devices make advanced data effectively available, which could prompt control of the work in the public arena against a free stream of data, as the moment this digital record is set in people's general space on the internet, the creator loses all control.

The Copyright Act of 1957, which went into force in January of 1958, revised copyright rules to reflect exhibits of digital know-how in India's legislation. Since then, the legislation has been changed multiple times to keep up with contemporary changes in legal frameworks and the rise of the internet, in an attempt to cover all locations that appear to be a copyright gap.

Digital Copyright

Any content in the digital space or any content associated with the use of computerised information stored in soft copies all over the internet or electronic devices, such as computers or cell phones, which are currently the most common mode of storage of digital content, is referred to as digital data. The protection of such information has proven to be fairly difficult, requiring a great deal of technical knowledge as well as constant monitoring in order to minimise any leakage with the permission of the creators of the materials on digital platforms.

There are millions of databases with vast amounts of data set up online with the goal of guaranteeing that digital content is protected for a long time, each one unique. its authenticity and relevance, and various copyright laws have been put in place to monitor the protection of these databases[1]. With reference to the Copyright Act, 1957 of India tries to categorize the data-based content as literary works dividing it into " computer: databases, programs, tables, software and compilations"[2] that make the computer system.

In the year 1998, India passed the Digital Millennium Copyright Act, which attempted to modernise copyright rules to address the protection of digital technology-related substances. The globe has recognised the necessity for Digital Copyright legislation as a fundamental requirement in cyberspace as a result of the growth and advancement of technology, particularly the digitalization of data.

Infringement of Digital Content

Digital content is blooming on the Website due to commercial demands, according to a range of factors. Despite the fact that the vast majority of the most well-known works are freely accessible on the internet, data suggests that a large sector of the movement is invading. Digital data are now accessible in the advanced organisation (content, image, voice, and video), prompting the development of numerous opportunities for advancement and innovation, as well as the development of various types of difficulties, in the protection of this content, thanks to the rapid advancement of interchanges and computer systems, as well as the Website and the data insurgency.

People who seek to access data and manipulate it in their favour have no defence against entry into computerised systems. This necessitates the security of advanced data, as well as a method to protect the intellectual rights of these data, which has fueled interest in the development of novel watermarking technologies.

The goal of this investigation is to address the issue of data security and the security of advanced data property rights by presenting a new model of complicated frameworks to mix advanced data and watermark. The Indian Copyright Act, amended in 1994, gives assurance to digital data as 'abstract works, which are among incorporate works, for example, computer projects, tables and accumulations, and digital data[3].

The developer's talent, work, and capacity to judge are assured, regardless of how the thing appears. Section 13 (1) (a) of the Act[4] mentions "Digital Data" such as "scholarly works," implying that work should be preserved in its distinctive abstract, emotional, musical, and artistic form across India. Abstract works are characterised as computer projects, tables, and aggregations, as well as Computerized Data premise[5].

Under section 63B[6], it is evident that anyone having the ability to take advantage of digital data and infringing on the copying of computerised materials should face a minimum of six months in prison and a maximum of three years in prison.

"In Vi-com International Inc. versus YouTube, Incorporation, a lawsuit [SDNY June 23, 2010], YouTube is the defendant and Viacom is the petitioner, for the allegation that YouTube displays 79,000 audio-visual clips, infringing on Viacom's copyright. Viacom filed a lawsuit against YouTube based on this fact, claiming that YouTube is not entitled to DMCA protection because the copyright to such clips belongs to Viacom.

For all intents and purposes, Viacom demanded that the court remove the majority of the recordings, which were completed within one business day of being alerted. Despite the fact that the Viacom court's decision did not use the word "immediately," it is clear that a firm should move promptly take no more than one business day after being instructed to remove infringing material[7].

Protection of Digital Content

As the Internet has grown in popularity, copyright insurance has become an increasingly critical need if a developer wants to profit from his work on the internet. Today, copyright law has been modified to safeguard and ensure that Website items are fully protected, just as it has been modified in the past to ensure that other types of copyrights are not infringed.

It is necessary for work to be distinctive before it is settled in another medium, such as recording or composition. The legislation related to copyright on the website was not appropriate since the content was not intended specifically for the Website's use, and in a few areas, the law relating to copyright on the website was not applicable.

Copyright was established as a universal law down in Berne Convention of 1886 on Security of "Artistic and Literary Works", in the TRIPS[8] Agreements, also in World Intellectuals Properties organizations, (WIPO) of 1967 is which is comprised of 188 member states and WIPO controls copyright arrangements.

The Berne Convention

The main effort to bring copyright law together on a global scale date back to the adoption of the Berne Convention in 1886. The articles of this Convention established a minimal level of copyright insurance for the signatory countries to follow and benefit from the "national treatment arrangement" (where state give similar assurance for a part of copyrighted information and other part says as it provides for copyrighted material under the provisions of its particular laws).

The agreement also stated that the Hague Conference's ICJ (International Court of Justice) would have jurisdiction over disputes between partner countries or member states, however this Treaty allowed governments to declare their invulnerability when it came to copyright protection[9]. This would be beneficial the member states to know how to assist in the protection of the data from those particular states.

The TRIPS Agreement

In tandem to WIPO, the General Agreement on Tariffs and Trade (GATT) had twenty-three countries participating in Geneva negotiations that resulted in the signing of the GATT in 1947, which was also meant to boost copyright both online and offline. The GATT's principal goal is to "promote the reduction of tax barriers to the global development of products."

To promote the worldwide diffusion of copyrighted materials. Individuals must agree to the appendix of the convention, as well as Articles 1 through 21, according to the provisions of the Intellectual Property Rights and Trade-Related Aspects (TRIPS) of 1995. The TRIPS agreement's copyright provisions have been modified to encompass the Bern Convention of 1971 the management of copyright security provided by the Bern Tradition.

The "computer programs, if in source or question code, might be secured as artistic creation within the Bern Convention," as per Article 15 of the TRIPS Agreement on Intellectual property, provides that, "Compilation of Data or other components, whether in device decipherable or another frame, which by reason of the choice or course of action of their substance encompasses scholarly expressions, might be protected all things considered.[10]

World's Intellectual Property Organization

One of the United Nations' organisations is the World Intellectual Property Organization (WIPO) (UN), Before the establishment of WIPO, numerous associations were formed at the individual level by various organs, such as the Gathering of Paris Union, the Universal Bureau of Bern, and the Executive Committee, which were later merged to form the United International Bureau on the Protection of Intellectual Property, also known as BIRPI.

Enrolment, advancement of entombs legislative participation for the organisation of licenced invention rights, specific programme exercises, and, most recently, debate decision offices are the four forms of WIPO activities. Part nations realised that forming a deal to regulate the security of technology for copyright was necessary in 1996.

World's Intellectual Property Organization Copyright Treaty (1996)

On December 20, 1996, a Diplomatic Conference in Geneva ratified the WIPO treaty. This agreement is a one-of-a-kind interpretation of the Bern Convention's Article 2. It's linked to cutting-edge technology and the Internet. The WIPO copyright agreement is a one-of-a-kind agreement between member countries that gives creators more rights than the Bern Convention provides.

"Arrangements of information or other elements, in any frame, that represent academic expressions by virtue of their choice or, on the other hand, a strategy of their essence are protected," according to Article 5. The insurance does not cover the Data or material in issue, and it has no preference over any copyright that may exist in the Data or material in the assemblage over any copyright that may exist in the Data or material in the assemblage.

Digital Copyright Protection in India

The production and storage of data on the internet is spreading across India like a plague, and it's spreading at a breakneck speed. There is a slew of issues with data security on the websites that have already been recognised; most of them are related to the sharing of intellectual content. Scholarly works, sound chronicles, images, and any other innovative works are protected from any sort of copying without the copyright bearer's permission under Section-13 and 63[11].

The topic of how copyright law can protect, regulate, or monitor material available on the internet remains unsolved, as copyright law currently lacks the power to restrict the vulnerability of materials in databases online in a variety of ways.[12]

Data is defined as realities, concepts, or directions that have been organised or set up in a specific way and are intended to be handled, or are being handled, and can take any form (including computer printouts, desirable or incapabilities of optical media, punched cards) and can take any form (including computer printouts, desirable or incapabilities of optical media, punched cards).

"A depiction of data, data, realities, concepts, or, on the other hand, directions in composition, picture, sound, or videos that are prepared or Organized formally or provided by computer framework, or computer interconnection that are recommended for use by the computer framework," according to Indian law. [13]

Section 43[14]specifies the penalty, stating that the aggrieved person will be compensated up to Rs1,000,000 from a trust fund a man who, without the permission of the proprietor or the person responsible for the computerized data in the databases.

That person who accesses or downloads information, replicates or concentrates any data or information base or data related to a specific online framework, or secure access to the materials, or can downloads data or downloads, duplicates or focus any data or information base or data linked and uses it for his benefit, without acknowledging the creator of the information is guilty under this section.[15]

Concept of Fair Use

Fair Use is a legal concept that acknowledges the restricted use of copyrighted creation without the copyright owners' permission. Because the border between intrusion and fair use is so thin, it's not always possible to determine the difference. Four elements are used when determining if encroachment has occurred.

These are the following:
  1. The rationale and character of the use, comprising of commercial or charitable scholastic purposes;
  2. The design of the copyrighted invention;
  3. The amount and generosity of the part used as a part of the overall link to the copyrighted material; and
  4. The impact of use on the prospective market for or assessment of the protected work.[16]

In Canada and the United Kingdom, the concept is not recognised as such. Instead, both of these countries believe in Fair Dealing, a set of legal safeguards that can be justified in the face of copyright infringement. Fair Dealing is interpreted differently in different countries. Along the same lines, which ensure that an organization's online content is sufficiently protected in any place where the operation may be subject to jurisdiction.

In India, the same notion has been embraced, permitting the use of a person's copyrighted data from online sources without their permission, for example, educational resources. The concept has been used for some time, and the case of Delhi University is a milestone case in this regard.

Indian laws of Copyright of Digital Content

(In this text, the Act refers to the Copyright Act of India of 1957, as amended from time to time, and the rules relate to the same Act's rules as written.) The permissible management special case has been expanded to include the public disclosure of current occurrences, as well as the definition of a publicly stated address. Until now, intelligent special case management was restricted to

Until now, intelligent special case management was restricted to:
  1. Individual or private use, plus study; and
  2. Responses or audits, whether of that or another type.

Inventions or Creations

Furthermore, it has been established that storing data on any computer device for the purposes indicated in this declaration, which include the operational capacity of non-infringing PC software, does not constitute infringement. This work's or execution's temporary and inadvertent storage is totally within the scope of the specific technique of digital transmission or communication to the general public.[17]

The Indian legislation, under section 2 (0), attempts to define what constitutes literary work, which is stated to include computer programmers, tables, and compilations, as well as computer databases. The Act goes even farther in the comment area to try to define what else counts as literary works. It also implies that the copyright statute does not always apply to the music industry source of the creation/innovation but with how it was expressed/presented when it comes to issues of literary Creations, which are expressed in printed papers and handwritten.

The Act also states that the required originality is linked to the presentation/expression of the concept; however, the Act does not state that the expression must be original; rather, it must not be taken from another, a replication of the ideas. The online content in the form of a printed or typed text, photograph, video, and music, assuming it is an original innovation, would be protected as a literary work under the Copyright Act. The term "original" refers to the way the phrases are presented rather than the core concept.

Nobody is allowed to copy, reproduce, or use it without the author's permission or approval, just as they are not allowed to copy, reproduce, or use any other literary work in the offline world. If it's a cartoon, it's a different story caricature or image, the post would be safeguarded as an artistic creation. If the message was presented as a video, it would be safeguarded as cinematographic work. According to Section 14 make it illegal for anyone to make use of copyrighted software without the authorization of the work's owner.

Section 131 (a) of the Copyright Act, 1957, categorises databases as literary works and artistic works, whereas Section 63 B of the same Act provides for "penalty for any person who intentionally makes use of a computer programmer of infringing type." The following are some of the most recent revisions to Indian legislation: -

In the year 2012, the act was amended, this being the Sixth amendment of the Copyright Act, the major changes were, a fair dealing exception was added to enable the use of copyright for educational purposes on all types of creation, and storing of any work in the form of electronic did not constitute infringement.

Also, the storage of data in electronic form in non-commercial libraries was authorized. The 2013 Rules of Copyright, which were enacted and come into operation on the 14th day of March 2013, incorporated the following issues, copyright ownership, compulsory licenses, the statutory licenses and the registration of copyright societies plus the rules guiding the membership and administration of the affairs of the societies.

A draught of Copyright (Amendments) Rules was released in 2019 for the purpose of promoting the industry and internal commerce.

The following are some of the suggested rules:
The copyright Board was replaced with an appellate board, and an account in the copyright societies was established to keep revenues for the writers, as well as a requirement that an annual transparency report be published each year. In general, there is a lack of an agreed legislation that covers all arising concerns in developing and developed countries

If this one was to be implemented, it would inspire all content creators all over the world to make greater quality compositions. Despite the fact that I believe there should be more stringent regulations to protect copyrights.

I believe there should be more stringent laws to protect copyrights, fact that the current laws are doing some good as far as the protection of copyright is concerned by still having some loopholes. Education also should be provided to society; it would be of uttermost importance in the improvement of the protection of these creations.

In this regard, we can state that virtually every country has improved its copyright laws to safeguard the security of digital material on the internet. Due to the gradual development of social-economic elements that affect data on the internet, many nations are still lagging behind and unable to regularly update their copyright laws to encompass computerised data on the internet. Owners of digital data and the internet have general and particular rights, which are governed by the owners of abstract, imaginative, sensational, and cinematograph films, among other things.

However, national copyright laws do not protect each creator's or author's work. As a result of technological advancements, no national borders have risen in demand for global legislation and agreements that ensure unique material. Also, or the law to function properly, the executive body must support it, and the executive body must come forward to implement the copyright law. The recent changes to the law relating to copyright issues must provide room for the use of imaginative layering skills to improve the structure, policy, schemes, law, and bill for successful application and progression.

And if the world could adopt one common copyright law or legislation that covers all the crosscountries issues pertaining to the protection of digital content it would in a large sense reduce the tedious process of trying to protect data in different ways when you go with it to a different jurisdiction, on protects the other does not. Yet the data on the internet is being used internationally.

  1. section 2 (0) of the Copyright Act, 1957
  2. Ibid
  3. 5The Copyright Act, 1994
  4. Ibid
  5. section 2(o) of Copyright Act, 1957
  6. The Indian Copyright Act, of 1957
  7. Keshari Sourav and Saha.Subhasis, Challenges to Copyright Work in Cyberspace, Journals of Intellectual Property Rights, Jan 2008. Volume 13, page35
  8. Trade and Related Aspects, of Intellectual Property Rights, 1995.
  9. Mezei, Peter et al, (2018). Introduction to Digital Copyright Law.
  10. 13 Article.10 sub-article1 of TRIPS (Trade and Related Aspects of Intellectual Property Right) 1995
  11. Indian Copyright Act, 1957
  12. Supra note 5
  13. 7 Alexander Herrigel, Secure Copyright Protection Techniques for Digital Images,
  14. Ibid
  15. Ibid
  16. Digital Copyright Protection And Intellectual Property Right,
  17. Supra note 8.

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