Authored by: Ms. Akansha Sharma, fourth year law student at Amity University Madhya Pradesh.
Introduction
The foundation of copyright protection is providing creators exclusive rights to their works. This exclusive right of the creator motivates them to devote their time and skills in developing new ideas and creative works. Copyright protection grants control to the creator of an artistic work over the use and commercial exploitation of their works. They are vested with the freedom to reproduce, distribute, display, and perform their original works.
However, with the advent of online piracy in the digital landscape it has become easier to reproduce and distribute copyrighted works without the prior approval of the original creator. This poses a challenge onto the original creator to combat the unapproved duplication and distribution of its content.
The internet or online piracy differs from traditional piracy in a way that it is less expensive and easier to distribute. Instead of having to go to the stores and pay for it, customers can now download the same content for free. Theis broad reach of internet piracy makes it a threat. There are no restrictions on how many people can receive it or where in the world it can be distributed to.
Impact of Online Piracy on Copyright- Digital Landscape
Online piracy can have significant impacts on copyright infringement in India
- Increased Piracy: The easy replication and sharing of the digital content have proven that online piracy can be of a great threat in the digital landscape. The content nowadays is easily accessible and available on an array of platforms, which makes it prone to unauthorised copying and circulation.
- Lack of Control: The decentralised nature of the internet further makes it difficut for the copyright holders to retain their control over the digital content.
- Difficulty in preserving rights of an artist: In the digital age, preserving copyright protection involves constant surveillance and detection of infringing content. This can be expensive and time-consuming.
- Enforcement Beyond National Borders: The easy accessibility of the internet content nearly any and everywhere has resulted in enforcement of the copyright protection beyond the national borders. Enforcing uniformity in the copyright rules across nations is difficult due to disparate legal systems and jurisdictions.
- Evolving Technologies: With emergence of new technologies comes new ways of infringing copyright. Staying updated and finding effective solutions to counter evolving piracy methods can be a constant challenge.
Digital Rights Management (DRM) and its application
Digital Rights Management (DRM) technology plays a crucial role in maintaining access to digital content while protecting copyright. Let us have a close watch as to how DRM can be effective:
- DRM allows content creators and copyright holders to control access to their digital content by employing encryption and access restrictions.
- The technology can prevent unauthorized copying and distribution of digital content by limiting the number of copies that can be made. This also includes applyingdigital watermarks and images to assert ownership and track illegal copies. One such instance can be seen where it sets expiry dates on media which restricts the amount of time users can access or stops them from accessing after that date.
- It enables content creators to define specific licensing terms and conditions for accessing and using their digital content.
- It keeps a watch on the content usage, helping copyright holders understand how their content is being accessed and distributed.
- It restricts the access of media to devices, IP addresses, or locations; for example, restrict material access to individuals residing in a particular country alone.
Example: DRM is used by Apple's iTunes store to restrict the number of devices that users can use to listen to music. Users' purchase and usage history of songs is included in the audio files they download from iTunes. This stops unauthorized devices from accessing the files. Moreover, Apple uses FairPlay technology to safeguard the content in its iBooks store by guaranteeing that books may only be read on iOS devices.
The Indian Perspective
Indian culture is the most diversified culture encompassing traditional music, films, literature, and artwork. However, online piracy puts these cultural assets on risk as it enables a third party to copy content without authorization and distribute it all over the world without giving credit to the original creators or copyright holders.
India is a hub of movie production producing more than thousands of movies in a year, thus inviting online piracy. The vast amount of content that is pirated—movies, music, software, games, etc. is made available to consumers for free, leading to severe economic losses for the creators and copyright holders. The main reason why artists are deterred from investing in new works is piracy; they think their creations will be illegally shared and undervalued.
Internet piracy causes hugefinancial losses by denying Indian authors and copyright holders their due compensation. Because of pirated versions of their works, the Bollywood music industry, publishing houses, and other creative industries see a decline in revenue.
Piracy has a wider impact on the country's economy as well. It can lead to job losses in the creative industries.
The government of India and copyright holders have launched several initiatives to address online piracy and copyright infringement. These include issuing takedown notice, blocking access to websites hosting infringing content, and effectively enforcing copyright laws. Additionally, international cooperation and collaboration with other countries helps in addressing cross-border piracy issues and ensuring effective copyright protection for Indian creators.
Striking A Balance Between Online Copyright Infringement And Digital Access In The Indian Landscape
Following are the two ways to achieve a balance between digital access and copyright protection.
- Open access programmes;
- Creative Commons licencing
As an illustration, suppose I am music composerand I wish to share my compositions with others while retaining my copyright protection. I could therefore choose to use a Creative Commons licence, which permits others to use my composed music subject to certain restrictions rather than using strict copyright laws that restrict access to my work. By following this approach, I am not only protecting my work but also giving others the ability to access and use it in a more permissive manner.
To achieve this balance, educational campaigns and initiatives can also be beneficial. People can gain a better understanding of the significance of copyright protection by raising awareness about copyright laws and the importance of intellectual property. Additionally, they can raise awareness and implement stringent actions if one engages in online piracy which could lessen the amount of unauthorized access.
Conclusion
In the digital sphere, copyright protection faces major obstacles due to online piracy. The ease of reproduction and distribution of material in the digital age has given birth to copyright challenges, necessitating flexible legal frameworks that strike a balance between the rights of artists and public access.
By implementing effective strategies like digital rights management, legal frameworks, and international cooperation, we can combat online piracy and enforce copyright laws. It is equally important to balance copyright protection with users' rights to create a more equitable digital landscape.
To maintain a strong creative marketplace and uphold the rights of creators, it is imperative to respect intellectual property rights and restrict internet piracy. By implementing effective strategies along with cross- border collaboration, we can work towards a more secure and fair digital landscape for creators and users alike.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
