Introduction:
Intellectual Property refers to intangible property resulting from the creation of the human intellect/mind. This creation has a commercial value. Cyberspace refers to a notional, non-physical space where computers around the world are connected through computer networks to facilitate communication amongst them.
As the digital world advances, it offers diverse and new opportunities for people to display their creativity and creation but with these opportunities, come risks of cybercrimes and copyright infringements on the internet. It becomes important to understand these risks and protect oneself. The Internet serves as the perfect platform for creators to promote their work because of the simplicity with which it can be transmitted from creator to viewer. But simultaneously, the Internet also renders it possible for any of these viewers to easily edit, modify, distort, or distribute the original works of the creators without their consent. Viewers can make infinite copies of the creator's work, which they can instantly share and distribute on the internet.
Copyright Infringement
Copyright pertains to the exclusive right to reproduce or replicate a work in which copyright exists. Once the creator creates the original work, copyright protection is automatically gained under the copyright laws namely The Copyright Act, 1957. Unauthorized use of these proprietary creations leads to copyright infringement. Drawing the boundary between private and public use is one of the fundamental problems on the internet. The Copyright Act, 1957 guards digital assets and ensures that the creators receive appropriate credit for their work as well as the payment and royalties. It makes a distinction between what is permitted for reproduction and for public use and the reproduction of work that requires creator's consent, understanding how copyright infringement works in relation to computer programs, software and various works in cyberspace is a significant challenge in the IP laws in this digital age. The Copyright Act of 1957 gives legal protection to literary works through copyright. The term 'computer programs' comes under the category of literary works. Similarly, 'databases" are also protected under the category of literary works in The Copyrights Act. Copyright protection is based on the idea that "the public benefits from the author's creative work, and the copyright is necessary for such creativity". As per research done, many issues are still unresolved with the copyright law in India. The internet and the advancing digital technology have led to what is known as the "digital problem" in the copyright law. New trends in the digital world such as illegal peer-to-peer sharing as well as unauthorised streaming on sites like YouTube and sharing on social media networks, are causing significant challenges.
Copyright Infringement can occur in various ways, mainly:
- Framing: This allows user to view content from one website within the framework of another site, which is similar to the "image-image feature" found in most televisions.
- Linking: Linking refers to the practice of connecting the user directly from one website to the other. It provides the user access to the other site directly from the original site through hyperlinks, without having to type in the URLs
- Plagiarism: It refers to the use of someone else's original work and using it as one's own without giving proper credit to the creator. For example, using information from someone's original research without citing the source.
- Peer-to-Peer (P2P) file sharing: This is a de-centralized method for sharing digital files directly between users. This method does not use any middleman server. This method is increasingly being used to download illegally copyrighted materials.
The appropriate provisions related to copyright infringement are laid out under Section 51 of The Copyrights Act,1957.
Remedies under the Indian Law for the violation of Intellectual Property in cyberspace
Section 55 of The Copyrights Act, 1957 provides for civil remedies against copyright infringement. These are:
- Interlocutory Injunction – For the grant of an interlocutory injunction, three conditions must be met. Firstly, there must be a prima facie case, Secondly, the balance of convenience needs to be considered, Thirdly, there needs to be an irreparable injury present.
- Pecuniary Remedies – Copyright owners can seek these three financial remedies under Section 58 of the act. Firstly, an account of profits that allows the owner to claim the amount of sum equivalent to the profits gained by the infringement or unlawful activity. Secondly, compensatory damages for the losses incurred due to the infringement. Thirdly, Statutory damages which are based on the assessed value of the fringed article.
Section 43 (a) of the Information Technology Act of 2000 aims at preventing people from infringing intellectual property. It deals with data security and privacy and compensation for failure to protect data.
The proviso to Section 81 of the Information Technology (Amendment) Act, 2008, states that this act does restrict anyone's rights under The Copyright Act or The Patents Act. Authors or creators whose rights have been infringed in cyberspace have the entitlement to the rights mentioned under these acts.
Exemptions to Copyright Infringement
Section 52 of the Copyrights Act provides for excepts to acts of copyright infringement. Some of these are:
- Using copyrighted material for the purpose of research, commentary, criticism, etc. is not considered as infringement.
- Replication or Reproduction for personal use
- Performance of literary works, dramatics by amateurs is exempted if performed for non-paying audience.
- Reproduction of certain works like judicial proceedings or reporting current events is exempted too.
- Making sound recordings of a broadcast for private or domestic use is also allowed.
Conclusion
With the advancement in cyberspace there arises the need for law to evolve and respond rapidly. Cyberspace is becoming a center of intellectual property infringement. It is becoming crucial for people to become aware of their rights and remedies. The internet operates without any central authority or focal point of control. Due to the global nature of information technology, a single body does not have full legislative control over it. The unique and virtual realm of cyberspace necessitates its own set of laws. However, the absence of geographical boundaries and varying laws worldwide presents significant challenges in enforcing cyber law.
In this digital era, the anonymity offered by the internet poses a challenge in tracing the infringers, as techniques like VPN and spoofing can obscure the origin of the violation. It is recommended that adequate manpower and resources should be allocated to develop advanced IP tracing technologies.
References:
https://www.geeksforgeeks.org/intellectual-property-in-cyberspace/
Mohan, G. (2021). THE VARIOUS ISSUES IN CYBERSPACE THAT ARE NOT ADDRESSED BY THE COPYRIGHT LAWS, FROM THE INDIAN PERSPECTIVE. The National University of Advanced Legal Studies, Kochi.
https://acadpubl.eu/hub/2018-119-17/2/124.pdf
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.