ABSTRACT:
“CERTAINLY, THE INTEREST IN ASSERTING COPYRIGHT IS A JUSTIFIED ONE”
The Economic development in the world is totally based on the improvement of prevailing technologies and digitalization techniques. Digital technologies have pivotal role in both existing and future world. Digitalization is a process of improving the business operations by the use of digital technologies and creating new values for customers. Digitalization had attained its zenith in the existing world even anything can be known and it is developing till now. However, the digitalization helps in the development of the world, there is an impact of misusing the digital technologies in the present world. The darker side of the development of digitalization as negative impact on society, privacy, digital media manipulation, copyright etc.
We must first understand the differences between copyright and intellectual property rights before we can understand how they are related. In the context of intellectual property, copyrights, trademarks, patents, industrial designs, and private information are all considered assets. Intellectual property includes anything created or originating from human talent, intelligence, labour, and efforts. Intellectual property includes copyright. Every man owns what he makes and has the right to use and profit from it, according to the legal concept of copyright.
The question arises that How copyright is linked with the digitalization or any other technologies? And what are the measures, acts and amendments taken by the Government to protect copyright from the negative aspects of digitalization? This paper aims to answer all these questions which arouses.
Keywords: Intellectual Property Rights, Copyrights, Digitalization, Technology, Intelligence, Human Skill
Introduction:
Copyright is a right in Intellectual property which includes in making and conveying on an original concept. A Copyright has been recognised by law as an incorporeal movable property, which being the product of human skill and labour or of a man’s brain. The enormous science and technological developments, mass rapid transfer and broadcasting upshot in the globalisation of trade and commerce. It enhanced the importance of intellectual properties, through all over the world. Copyright take part a pivotal role in the contemporary economic system. It has now assumed the international character.
While seeing the Copyright law’s history in India, the earliest statute law of copyright in India is the Indian Copyright Act of 1847 sanctioned during the East India Company’s regime. The little information is available about the applicability of this enactment. In England, the Copyright Act was sanctioned in the year 1911. Based on this, Indian Copyright Act,1914 was passed which contained a comprehensive law on copyrights. With a few exclusions that did not apply to India, the 1914 Act was a succinct 15-section law that was supplemented with the language of the British Copyright Act of 1911 in its First Schedule. The Indian Copyright Legislation was made up of these two laws. Next, the 1957 Copyright Act was passed by the Indian government. These days, copyright concerns in India are protected by this Act.
Research Methodology:
The research paper is based on the mixed-method research and descriptive nature. The research is based on the deep research and analysis the what are impacts of digitalization in the copyright issues and this is the primary source. The secondary sources of information like articles, reports, websites and books used for this research.
What is IPR?
The rights attached to an individual’s or business’s intangible property that are shielded from unauthorized use are known as intellectual property rights. These rights are known as intellectual property rights, and they are meant to safeguard the ownership of intellectual property. Intellectual Property rights are also mentioned in Article 27 of the Universal Declaration of Human Rights (UDHR), Which Declares that “Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary, or artistic production of which he is the author.” The term “intellectual property” also refers to the results of human intelligence, including inventions, designs, literary and creative works, and names, symbols, and pictures used in commercial contexts.
There are seven different kinds of copyrights in India: patents, trademarks, geographical indications, plant varieties, industrial designs, etc. For improved creative detection, planning, marketing, rendering, and preservation, intellectual property rights are crucial. Example of IPR include software, inventions, logos, and moral rights, among others.
The activities covered by the IPR are listed by the World Intellectual Property Organization (WIPO). These include inventions in all spheres of human endeavour, broadcasts, phonograms, industrial designs, scientific discoveries, literary, artistic, scientific works, protection against unfair competition, trademarks, service marks, commercial names, and designations, and performances by performing artists. Any additional rights arising from creative, scientific, literary, or industrial intellectual endeavours.
Recognition of Intellectual Property at the International level:
The world’s industrial and scientific nations, both developed and developing, have realized the importance of protecting intellectual property rights through international cooperation and the implementation of appropriate laws in their respective countries due to the unique and delicate nature of these rights and the potential for exploitation. Intellectual Property Rights are just recently being recognized and protected. In the past, some types of intellectual property were referred to as industrial property.
In the year 1947, The General Agreement on Tariffs and Trade (GATT) organisation was established and gave a part of efforts to reshape the world economy after the Great Depression of 1929 – 1932 and the Second World War (1939 – 1942). In essence, it serves as a platform for global negotiations aimed at reducing trade restrictions and promoting trade liberalization among participating nations. As the original member of GATT, India has developed a set of guidelines for conducting international commerce. Eight rounds of discussion were held at different locations, with Uruguay hosting the last one, known as the “Uruguay Round”. TRIPS (Trade Related Aspects of Intellectual Property Rights) was one of the 28 agreements included in the “Final Act”, which was signed to end the last round of discussions in Uruguay. The TRIPs agreement went into effect on January 1st 1995. The WTO is the new name for GATT. The Purpose of this TRIPs agreement is to safeguard intellectual property rights in order to incentivize innovation and creativity.
Is Copyright a form of Intellectual Property Rights?
One of the most significant types of intellectual property rights is copyright. It may be broadly characterized as the authors’ rights to their own works of literature and art. The “Right to Copy”, which is exclusive to the inventor or author, is referred to as copyright. Copying the original work without the owner’s prior consent is considered a violation of their rights. Only the expression of an idea is protected by copyright; the idea’s content is not. It shields the authors’ creations from unauthorized use or replication. The term “patent” protects the concept.
Despite being primarily physical, copyright eventually takes the shape of a physical asset. According to contemporary law, every individual owns what he develops. There is a property right that applies to specific kinds of works. The goal of copyright law is reward creators of creative works- such as painters, songwriters, designers, and software programmers- with the exclusive right to use their creations for a certain amount of time. The copyright belongs to the owner and lasts for both his or her lifetime and 60 years after the owner passes away.
The products of human intelligence, skill, and labour are the subjects of intellectual property. According to the natural rights theory states that the everyone has a natural property right on his, her ideas. This is because creation is the result of both labour, and creativity of the person putting it into effect. This natural right theory applies to both tangible and intangible properties. A copyright is a type of intellectual property that exists in original works of literature, motion pictures, and sound recordings. It is primarily intangible, but it eventually takes the form of tangible movable property.
Characteristics of Copyright:
Regardless of whether it is a work of literature, theatre, music, or art, the subject matter of a copyright must be an original creation of the author or producer. Original does not have its typical dictionary definition under copyright law, and courts have given the term a lenient interpretation. “Only that the work should not be copied but should originate from the author” is what the term “Original” demands. A literary, theatrical, musical, or artistic work must therefore be considered a “work” in order for a copyright to exist. Making a law: Under current law, a copyright is a creation of a particular laws. This law solely applies to works that, according to the Act’s provisions, are ineligible for copyright protection
Some form of Intellectual Property:
One type of intellectual property is Copyright, which safeguards works of human creativity.
A monopoly right is a copyright, because it prevents others from using a copyright owner’s rights.
It prevents unauthorized use of the copyrighted work. Thus, copyright is a no-win situation.
By giving them the only right to reproduce their works for publication and sale to the general public for a certain amount of time, it seeks to incentivize artists, writers, and composers to generate unique works.
Instead of being a single right, copyright is a group of rights applied to the same work. When a music director creates a song, for instance, copyright entails rights to things like lyrics and melodies.
Copyright includes the right to works generated from the original works as well as the right to reproduce them. These rights, which are just as vital as or even more so than the freedom to reproduce, include the rights to public performance, recording, and broadcasting. The “Neighbouring rights” refers to these related rights. In short, this Act clarifies the rights of artists and broadcasters, which are referred to as neighbouring rights.
Legal Dissections:
Tips Industries v Wynk Music
A music label called The Tips Industry Ltd. asserts copyright to more than 25,000 tracks. Users may access popular songs through Wynk songs Ltd. an internet streaming service operated by Airtel, by paying a monthly fee. A signed agreement dated August 22, 2014, which expires in 2017, allowed the defendant to purchase the plaintiff’s repository license. It was argued by the plaintiff that at a meeting with the defendant in 2017, both parties agreed to pay Rs. 4.5 crore for a two-year period. Nevertheless, the defendant argued that this was fraudulent and that the amount was too high to accept.
A renegotiation attempt between the plaintiff and the defendant was unsuccessful. After that, the plaintiff sent the defendant a warning to stop using the plaintiff’s repertoire. The defendant invoked Copyright Act Section 31D as a defence.
A legislative license for the transmission of literary and musical works is provided by Section 31D of the Copyright Act 1957. Section 31D states that broadcasting companies may communicate with the public by broadcast, performance, or musical work as long as they give the owner advance notification in the required format and royalties. According to the defendant’s argument they are broadcasters and have the right to use the plaintiff’s repertoire to communicate with the public under section 31D. In response, the plaintiff sued the defendant, requesting a permanent injunction that would prevent the defendant from utilizing his skills.
Judgement:
According to the ruling, it is evident that music streaming services must get a license from copyright holders, which is very reasonable in our opinion. What position will be adopted, though, in the ongoing cases at other high courts? The bench ruled in favour of the plaintiff and ordered the defendant to refrain from utilizing the plaintiff’s repertoire going forward.
What is Digitalization?
In simpler words, Digitalization can be defined as a process of converting data or information into digital formats. It also includes the development of digital techniques in every field to enhance the relative performance and efficiency of the work in which new technologies are introduced.
- Digital technology’ impact:
In our history, the digital technology has improved rapidly than any innovation. As an example, AI-enabled frontier technologies, for instance, are employed in the health industry to increase life expectancy and facilitate easy illness diagnosis by physicians. In educational sector, digital techniques are used in virtual learning environments and distance learning which help in the overall improvement of knowledge in both rural and urban students. Public services are becoming more accessible to both rural and urban peoples because lot of services by the government are accessible easily through smart phones, laptops etc., It is considered to be one of the most valuable changes in the society through the development of digitalization and technological development.
Technological revolutions have altered the labour force throughout history, bringing up new patterns and kinds of employment while rendering others obsolete and causing broader societal changes.
The Simple definition of digital transformation is the incorporation of digital technology into every aspect of a company, which leads to significant adjustments in how the company functions and provides value to its clients. A key component of the digital transformation is technology. The data obtained from digital technology may enable predictive maintenance, reduce downtime, and provide insights for more productive and efficient operations. Digital transformation increases efficiency and productivity. It backs a strong and aggressive business expansion plan. While coming to the digitalization of businesses, their operations and optimisations with fully connected technologies helps to improve streamline future business of growth strategies.
The advancement of AI and machine learning is the most significant aspect of digital transformation. Big data processing is a component of machine learning systems that provide precise and significant outcomes. Large data sets are necessary for both the big data process and providing reliable findings in order to support strong learning and analysis. At the heart of business and digital transformation is the cooperative effort of big data, AI, and analytics, which powers responsive automation and predictive planning.
How copyright is linked with digitalization? And issues arise in related to copyright:
The field of law is evolving with rising of new social problems and issues. This change is especially significant in the realm of intellectual property rights because of the speed at which technology is developing particularly in the digitalization space. One such right that is copyright has been greatly impacted by the rise of digital technology.
The evolving complexities in the digital era made it difficult to determine what constitutes copyright infringement. The major issues related to copyright are digital piracy, software protection, digital rights management, technical circumventions, Audio – visual work, software infringement etc.
Since the internet now provides audio-visual performances through music, films, and cinematographic works, an extension of protection may be provided in a global context. Films that have been pirated before their legal release are an issue for the business. Viewers can use their own recorders, pause and rewind, and watch live programming on the digital interactive television.
The following are examples of copyright violations on social networking sites: Reposting content that is protected by copyright is prohibited. The re post of copyrighted work cannot be done without the prior permission of owner’s authorization.
Piracy can be generally defined as the producing of unauthorised and distributing or selling them. When the pirated copy is not from genuine user, the copyright of the owner is violated.
Acts and measures introduced by government in related to copyright issues:
Only the owner of the copyright may possess certain rights. The certain rights under the Indian Copyright Act, 1957 are thus follows:
The right to reproduce one’s own work belongs to the copyright holder. Without the copyright owner’s consent, no one other than the author may make copies of the work or any portion of it in any format.
The right to release one’s own work to the public belongs to the copyright holder. For instance, if a film is protected by copyright, it cannot be released to the general public without the author’s consent.
“Adaption” refers to modifications or shifts. It is said that current work serves as the basis for future work preparations in a different way. The right of adaption is defined by the copyright act as the ability to change a dramatic work into a non-dramatic work, change a literary or artistic work into a dramatic work, rearrange a literary or dramatic work, transcribe a musical work, or do any other act that involves changing or rearrangement of an already-existing work.
The copyright owner has the complete authority to translate his or her own work into another language; if someone else does so without permission, it will be deemed a violation of the owner’s rights. Before translating someone else’s work, the owner must grant permission.
The rights granted to individual writers are known as moral rights, and in many other nations, they are linked to economic rights. The rights to object to any distortion or change of a work and to assert authorship are both covered under moral rights. Even when the copyright is assigned, he still retains his moral rights.
Review of Literature:
On researching the Topic of Impact of Digitalization in the legal aspects of copyright issues, I had gain knowledge about the problems faced by the people in the digital era. In the aspect of Intellectual Property Rights, there are several rights protected under it, which the copyright also one of the rights. The Government implemented various acts and rules and regulation to protect these Intellectual Property Rights but the certain provision needs to amend and provide awareness about copyright work. By this Research I understand the importance of Copyright for the people. I am glad to convey it throughout this paper to all in very facile way.
Suggestion:
Even while recent advances have demonstrated that the influence of digitalization on copyright law is acknowledged, there are still some gaps that must be filled in order to protect the interests of writers and other owners of digital assets, such as literary and creative works. After giving an explanation to the impact of digitalization in legal aspects of copyright issues we would recommend the following suggestions:
- A distinct organization or group should be established to research and evaluate the overall effects and weakness in stopping copyright violations in this digital age and make sure that the current law is properly amended.
- An awareness about copyright work should be given to people
- Introduce an alternative method to be implemented to cross check the copyright work and reduce the level of usage of infringe work
Conclusion:
Copyright laws are necessary to control how digital media and the internet are used. It protects the rights of authors, artists, and copyright holders by giving them exclusive control over their works. While digital technology has made it simpler to access and distribute copyrighted information, it has also made copyright enforcement more Challenging. Copyright laws need to be updated to take into account new technology, as copyright infringement and piracy continue to be major issues in the digital age. Maintaining the regulations’ effectiveness in the digital age will need ongoing efforts since it is vital to carefully balance protecting writers’ rights with ensuring public access to information.
ESAKKIPANDI B
3rd YEAR B.A., LL.B.
CHENNAI DR AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUPAKKAM.
Reference:
Bibliography
- Dr. Subash C Gupta, Copy right and the neighbouring rights law, Ed., 2017, Jnanada prakashan (AXD)
- Prof. A.Chandrasekaran, Intellectual property law, Ed., 2004, Sitaraman & co.Pvt.Ltd
- Dr. G.B. Reddy, Intellectual property rights and law, Ed., 2001, Gogia law publications.
- P.Narayanan, Intellectual property law,3rd Ed.,2023, Eastern law house publications.
- Dr.B.L.Wadehra, Law relating to intellectual property, 5th Ed.,2021, Universal Law publishing company.
Webliography
- Ipleaders, https://www.blog.ipleaders.in
- Indiankanoon, https://www.indiakanoon.org
- Cyberblogindia, https://cyberblogindia.in
- Tutorialspoint, https://www.tutorialspoint.com
Statute
- Copyright Act, 1957