This article is written by Dhruv Shah, pursuing a Diploma in Intellectual Property, Media, and Entertainment Laws from LawSikho.
Table of Contents
The concept of trademark, copyright and patent is years old but what now that the world is digital?
Almost everyone is aware of works that can be copyrighted to prevent their misuse. But what about when everything has gone digital? Almost all information is available on the internet free for anyone to access and for use or misuse in all forms images videos documents and whatnot. A question may arise in your mind whether the legal domain is aware of these changes or not and if yes then are they capable of keeping up with the monumental development of the digital world which has completely changed over the past few years? The pandemic has forced more people to go ‘online’ to share everything on the web for the population to view and access.
Now merely access to information is not dangerous but there lays a scope of misuse of such information which may lead to huge losses not only to persons but small and large companies too. In the digital age, the issue of privacy is a crucial subject where unauthorized data sharing, data integration, unethical data utilization, and unauthorized public disclosure are the major areas of interest. With the rise of the internet, digital property rights have become a progressively hot topic in the offices of major companies, particularly those in the technology industry. Much like the information protected under intellectual property rights, digital products provide their creators with certain protections under the law.
The rampant use of computer networks and the global reach of the World Wide Web have added considerably to the information sector’s production of a staggering abundance of information in digital form, as well as offering unprecedented ease of access to it. Creating, publishing, distributing, using, and reusing information have become many times simplified and rapid in the past decade. The satisfactory news is the enrichment that this volatile growth in information brings to society as a whole.
The bad news is the enrichment that it can also bring to those who misuse the properties of digital information and the Web to copy, distribute, and use information illegally. Digital property rights disputes arise when some form of counterfeiting or piracy occurs between companies. All of this information may have raised a lot of questions so this article will aim to answer some of the questions related to the protection of digital works through copyright.
What constitutes Digital works?
Digital intellectual property is intellectual property (IP) in digital format. Most businesses small or large create, handle and store some sort of digital IP, perhaps without realizing it. Images, videos, audios, digital documents, software, and databases are some of them which can be considered as digital IP. These assets are extremely useful and are of significant value. They can help you build a flourishing brand and run compelling marketing campaigns. They can also have a key role in boosting sales, staff training, and workflows. Moreover, because of their inherent worth, digital assets should be guarded well.
What are these digital assets?
‘Digital assets‘ is a broader term to include everything that you own or have rights over that can be stored in a digital format. The range of material covered by the term is not exhaustive and ever-rising and includes:
- software.
- original music.
- photographs.
- drawings.
- film and video.
- websites.
- graphics.
- technical data.
- copyright publications.
What are some ways to protect them?
We can take the help of Digital Rights Management (DRM) technologies (also known as Electronic Rights Management Systems) to ensure copyright through distinguishing and guarding the content, controlling access to the work, safeguarding the integrity of the work, and guaranteeing payment for the access. DRM technologies prevent illegal users from accessing the content. This access is shielded through user ID and password, licensing agreements. Another way to protect digital content is through Technical Protection Measures (TPM).
This answer seems vague. Can you share these methods in detail?
Of course. Some of the aforementioned methods are discussed below:
- Cryptography: this involves scrambling (or encryption) of the information.
- Digital Watermark Technology: it consists of a digital signal or pattern inserted into a digital document.
- Digital Signature Technology: this includes the identity of the sender and/or receiver. Also, Digitally signed fingerprints guarantee document authenticity and prevent illegal duplication.
The United States seems to be always ahead when it comes to amendments keeping in mind the changing scenario. Have they tackled this issue in their laws?
Yes. The United States are much ahead of other countries when it comes to defending digital works in IP. Keeping in mind the humongous rise of the digital domain they introduced DCMA. The Digital Millennium Copyright Act 1998 is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization. It criminalizes the production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works.
This sounds secure. What mechanism comes under DMCA Protection?
The law has two primary functions. Firstly, it guards the copyright owners by giving them a mechanism to enforce their rights without having to directly sue the infringer. The DMCA allows copyright owners to notify and ask that service providers take down infringing content contained in any medium hosted by the provider. This allows the copyright holder to try to stop the infringement other than by making a request and dealing directly with the actual infringer. This eventually leads to the likelihood of preventing the infringement since the service provider is obligated to act.
Secondly, the function of this law is to offer certain “service providers” (i.e. ISP’s, email providers, search engines, online auction sites, host providers, chat rooms, interactive websites, news providers, etc.) immunity from liability for copyright infringement that they may face.
What can an institution do in case of a violation of my rights under DCMA?
This Copyright holders have legitimate legal rights, which are protected under the DMCA. If you hold copyrights to any works and you find that your rights are being infringed upon, you have the right under the DMCA to submit a notice to the service provider. Under this law, the aggrieved party can order the removal of the blocking of all infringing material directly from the host, or the operators of any mailing list, blog or chat room operator, etc. If this notice is specific and appropriate, the service provider would be legally required to take down any infringing materials or works.
But that was digital work protected under the laws of the United States. What about India? Is it left behind when it comes to changing its rules with the advancements of the technology world?
Not exactly. India has the IT Act of 2000 (Information Technology Act) when it comes to dealing with the digital domain. It is a common fact that India has been a little sluggish and less extensive in its implementation of DMCA-type laws. In India, like most other jurisdictions that offer copyright protection of computer programs and related subject matter, computer programs are considered “literary works.”
Despite being considered “literary works,” computer programs receive exceptional consideration under Indian Law based on a right “to sell or give on commercial rental or offer for sale or commercial rental any copy” of a computer program, regardless of whether such copy is sold or rented previously. This right which is specific to computer programs contrasts with other types of “literary works” under Indian law, which provides a right “to issue copies of the work to the public” provided the copy is “not already in circulation.”
What about the Copyright Act 1957?
Currently, Section 52(1) of the Indian Copyright Act sets forth several provisions particularly limiting the rights of copyright owners in relation to utilization of computer programs, making of back-up copies, interoperability between computer programs, and reverse engineering.
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To conclude, what is your opinion on this situation?
Despite being born in 1997 based on the information available on the world wide web it has been deduced that since 1998 digital technology has witnessed unprecedented growth in value, intricacy, and extent. If one argues that there may exist countries that have not yet been influenced by digital media and technology then it would include only a few countries. Accordingly, in the time since the U.S. passed the Digital Millennium Copyright Act (DMCA) as to how the United States governs copyright and related issues stated under the act, many other countries have taken notes and strived to enhance their laws related to digital media, technology, and related issues. This is a domain that will continue to expand at an immeasurable rate which leads to the fact that the significance of such laws which demand change is clear in India.
Conclusion
Even though digitalization has bestowed possibilities to the creators to showcase their work and creations efficiently it has at the same time also raised several concerns for infringement of the rights belonging to owners. However, even though numerous efforts have been made on a global as well as domestic level o overcome the obstacles to ensure the protection of copyrights in the digital arena still a lot of work is needed. At the domestic level, there is a requirement to create awareness among the people, equip the enforcement agencies to tackle such issues, and develop precise mechanisms to discourage infringement. At a global level, however, it is necessary to guarantee that the provisions and principles enhanced under International treaties and conventions have been adhered to ensuring efficient administration for the protection of copyright in this digital world.
References
- https://ssrana.in/ip-laws/copyright-law-india/take-down-notice-under-indian-law/
- https://www.termsfeed.com/blog/india-it-act-of-2000-information-technology-act/#Requirements_Of_It_Act_2000
- https://www.internetlegalattorney.com/who-gets-dmca-protection/#:~:text=First%2C%20it%20protects%20copyright%20owners,medium%20hosted%20by%20the%20provider.
- https://www.csoonline.com/article/2138380/intellectual-property-protection-10-tips-to-keep-ip-safe.html
- http://eprints.rclis.org/28939/1/Intellectual%20Property%20Rights%20in%20Digital%20Environment_ISI.pdf
- https://www.nap.edu/read/9601/chapter/3
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