This article has been written by Priyanshi.

Introduction

In today’s scenario, change in technology brings revolutionary change to society and reading books, novels, and magazines has been changed to electronic mode instead of physical consumption. The advent of technology comes with dynamism in people’s opinions and has been playing a significant part in modern literature. Readers everywhere think of it as a positive change that leads to the upliftment of the digital world. 

With the evolution of this digital environment, intellectual property plays a crucial role in providing protection from complex issues. 

Intellectual property, like copyrights, protects the literature and writings of authors as well as publishers. Copyright is given to them as a reward for their work or writings that they have created on their own. Along with copyright protection, there is also a also a need to ensure the rights of readers. With digitalisation, the writings of literature have been changed and it must be reasonable and easily readable by the readers without any inconvenience.

E-books: a new era of literature

The technological advancements brought about significant changes in various sectors, like the publishing industry, the reading of books, etc. 

The main purpose of this revolutionary change from physical mode to e-books is accessibility. With the introduction of e-books, an extensive form of library is formed that can be accessed easily with a few taps on smartphones, laptops, tablets, etc., which makes it easier for the readers to extract their needs for literature while sitting remotely. At the heart of this discussion lies the intricate interplay between the principles of copyright law and the unique characteristics of e-books. Weak copyright protection could potentially lead to a decline in the quality and diversity of literary works available to readers, as creators may be discouraged from taking on the risks and challenges associated with the creative process. 

Significance of e-books

Digital literature serves undeniable benefits; every piece of literature gets easily available online and becomes more convenient and portable. However, this great revolutionary change brings up a debate among the surroundings related to the ignition of copyright. With this complex scenario, a balance over access to copyright for protecting author’s or writer’s rights gets tricked and ensures accessibility for readers in the digital age, which turns out to be a critical challenge. The digital nature of e-books presents both opportunities and challenges.

The technological advancements brought about significant changes in various sectors, like the publishing industry, the reading of books, etc. 

The main purpose of this revolutionary change from physical mode to e-books is accessibility. With the introduction of e-books, an extensive form of library is formed that can be accessed easily with a few taps on smartphones, laptops, tablets, etc., which makes it easier for the readers to extract their needs for literature while sitting remotely.

Therefore, e-books have transformed the reading habits of people as thousands of books have been stored on a single device, which creates a wholesome library for the readers and makes it easier for people to read on the go, which becomes more convenient for the readers than physical books.

Hence, e-books serve as a level of satisfaction as well as customisation that physical books fail to match. Readers adjust the books according to their own convenience, like adjustments in sizes and fonts, highlight and bookmark the text and make notes in digital format as well. Moreover, these tools enhance reading habits and facilitate learning experiences in a better way.

Meaning of copyright

Copyright is a form of intellectual property granted to authors or writers for their creative writings. It is defined as a legal term that means the grant of exclusive rights to creators as well as authors for their original works. These rights include the right to reproduction, distribution, display, performance and other creative works based upon the original creation as well. The aim of granting copyright is to give creators control over the work they have produced, prevent it from misuse and also possess authority with the author to protect their creation from usage done by others without their consent.

Copyright protection laws for e-books in India

In India, copyright laws extend to protect electronic books (e-books) just as they do for traditional printed books. The Copyright Act of 1957, as amended by the Copyright (Amendment) Act of 2012, provides the legal framework for copyright protection in the country. Here’s an elaboration of the copyright protection laws for e-books in India:

Copyright ownership:

• The author of an e-book is automatically granted copyright ownership as soon as the work is created in a tangible form, such as an electronic file.

Exclusive rights:

• Copyright owners of e-books have exclusive rights to control the reproduction, distribution, adaptation, public performance, and communication of their works to the public.

Term of copyright:

• The copyright term for e-books is the lifetime of the author plus sixty years after their death.

Fair use:

• Limited use of copyrighted material without the copyright owner’s permission is permitted under the doctrine of fair use, as long as it is for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.

Digital rights management (DRM):

• E-book publishers and distributors often use DRM technologies to control access to and prevent unauthorised copying and distribution of their content.

Penalties for copyright infringement:

• Unauthorised reproduction, distribution, or adaptation of e-books without the copyright owner’s permission is considered copyright infringement and can result in civil and criminal penalties.

Online piracy:

• Piracy, including the illegal downloading and distribution of e-books, is a significant concern for authors and publishers. The government and industry stakeholders are working to combat online piracy through legal measures and public awareness campaigns.

E-book lending and libraries:

• Copyright laws allow libraries and educational institutions to lend e-books to their patrons under specific conditions, such as obtaining a license from the copyright owner.

International conventions:

• India is a signatory to international copyright conventions such as the Berne Convention and the Universal Copyright Convention, which provide additional protection for e-books on a global level.

Enforcement of copyright laws:

– The responsibility for enforcing copyright laws rests with the Copyright Office of India, which can initiate legal proceedings against copyright infringers.

Technological measures:

– Copyright owners can use technological measures, such as watermarks and encryption, to protect their e-books from unauthorised access and copying.

Legal remedies for copyright infringement:

– Copyright owners can seek legal remedies such as injunctions, damages, and seizure of infringing copies in cases of copyright infringement.

The copyright protection laws for e-books in India aim to strike a balance between the rights of authors and publishers to protect their intellectual property and the public’s right to access and use copyrighted works for educational, research, and personal enjoyment purposes.

Challenges in the digital age

There are certain unique challenges for copyright protection in the digital world, which represents e-books as a convenient mode of learning. Unlike physical books, e-books can be easily copied or pasted with minimal cost and distributed as they are. This brings an unauthorised way of creating e-books that are freely shared on the internet, which further leads to unethical access to e-books. 

Therefore, copyrights have been introduced and enforced on the creations made by the authors so that their creations can be protected nationwide. The ease of the digital world creates dynamic change, which leads to positive and negative outcomes.

There are certain copyright restrictions that have been imposed, which make it difficult for educational institutions as well as libraries to provide access to e-books. Copyrights limit the dissemination of knowledge and hinder access to information for readers.

Protection of copyright

Copyright provides protection to e-books, which prevents the creativity of the authors and publishers who invest their significant time and efforts in producing such works and also safeguards their ability to earn a fair return on their investment. Moreover, with strong copyright protection, authors as well as publishers are entitled to control their writings and creations and get rewarded for them. Unlike physical books, ebooks should also be protected digitally and possess similar legal protections that prevent unauthorised copying and distribution to other users under their own name. Copyright protection ensures the security of work created by authors as well as publishers. 

Fair use and access

Any individual can get greater access to e-books, which can impede the free flow of information and knowledge as well. There were key arguments that highlighted that traditional copyright regimes are only designed for physical books and might not be well imposed as unique characteristics of e-books. Hence, the ease of copying and sharing digital files revolves around copyright laws to strike a better balance between the rights of creators and fulfilling the needs of readers as well in the digital era. Protection of copyright balance is access to ebooks that contain the principle of fair use. It is a form of legal doctrine that allows limited use of copyrighted material without any prior permission from the copyright holder. Under this, the purpose is criticism or news reporting, research and teaching. Where use enables educational institutions or libraries to provide access to digital literature in the form of ebooks for students and researchers for their betterment. Another avenue for balancing access and protection lies in the realm of fair use and exceptions to copyright law.

DRM system and other mechanisms

DRM System: DRM stands for Digital Rights Management System. This system is implemented to authorise flexible permissions, allow authors as well as publishers to control the usage of ebooks and also grant readers certain exclusive rights to make these ebooks easily accessible to them. DRM involves embedding digital codes into e-books that control how they can be accessed, copied, and shared. With the use of these exclusive rights in different segments of the market, copyright holders like authors or publishers will be able to monetise their creations while providing readers with reasonable access. 

Harmonising interest: potential solution

Striking the balance between corporate protection and accessibility requires a multipurpose approach. Some potential solutions are listed below: 

• Amendments in copyright laws: Modernising the copyright laws and addressing the realities of the digital environment brings updated results. By explaining guidelines under such a law, both readers and authors would benefit. 
• Permissions required: There should be flexible models for taking permission, which could offer readers greater control over e-books. 
• Open access: Copyrights encourage the authors to exercise their exclusive rights and retain such rights by providing open and free access to readers. 
• Updating DRM policies: Developing more user friendly DRM solutions that do not restrict the legal use of e-books could provide valuable outcomes.

Role of technology

Technology can also play a role in balancing access and protection for e-books. With the help of technology, a secure platform for ebook distribution generates valuable outcomes and ensures accessibility. Blockchain technology, with this capacity, will be able to track ownership as well as usage, which generates new models for copyright protection. Additionally, the rise of open-access publishing models and initiatives like Creative Commons licensing presents an alternative approach to traditional copyright regimes. Technological advancements bring about positive change and create ease for readers in extracting knowledge and getting information in an effective manner. 

Conclusion

The conclusion is that with the rise of ebooks, readers can easily access and consume literature with various benefits and also face significant challenges for copyright protection. Balancing access and protection go hand in hand and require a multi-propagated approach following flexible licensing models and fair use, which also contain technology solutions and serve well in the digital age.

References

• Copyright Act, 1957 – India Code
• Google Gemini – Apps on Google Play
• e-Adhyayan | Books for PG Courses