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
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.
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
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
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
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.
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
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. 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" that make the
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
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.
The developer's talent, work, and capacity to judge are assured, regardless of
how the thing appears. Section 13 (1) (a) of the Act 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.
Under section 63B, 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.
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
Copyright was established as a universal law down in Berne
Convention of 1886 on Security of "Artistic and Literary Works", in the TRIPS
Agreements, also in World Intellectuals Properties organizations, (WIPO) of 1967
is which is comprised of 188 member states and WIPO controls copyright
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
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. 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
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.
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.
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.
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.
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
"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. 
Section 43specifies 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.
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
These are the following:
- The rationale and character of the use, comprising of commercial or
- The design of the copyrighted invention;
- The amount and generosity of the part used as a part of the overall link
copyrighted material; and
- The impact of use on the prospective market for or assessment of the
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:
- Individual or private use, plus study; and
- 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
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
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
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.
- section 2 (0) of the Copyright Act, 1957
- 5The Copyright Act, 1994
- section 2(o) of Copyright Act, 1957
- The Indian Copyright Act, of 1957
- Keshari Sourav and Saha.Subhasis, Challenges to Copyright Work in
Cyberspace, Journals of Intellectual Property Rights, Jan 2008. Volume 13,
- Trade and Related Aspects, of Intellectual Property Rights, 1995.
- Mezei, Peter et al, (2018). Introduction to Digital Copyright Law.
- 13 Article.10 sub-article1 of TRIPS (Trade and Related Aspects of
Intellectual Property Right) 1995
- Indian Copyright Act, 1957
- Supra note 5
- 7 Alexander Herrigel, Secure Copyright Protection Techniques for Digital
- Digital Copyright Protection And Intellectual Property Right, https://www.locklizard.com/ipr-protection/
- Supra note 8.