Digital Copyright Laws in the Field of Literary and Creative Works in India
Keywords:
Proliferation, enforcement mechanisms, intellectual property rights, digital environment, social mediaAbstract
Rapid advances in digital technology and the proliferation of the Internet have revolutionized the way creative work is produced, distributed and consumed. In this digital environment, the protection of intellectual property rights, especially copyrights, has become a priority for creators, users and policy makers alike. This article provides an overview and analysis of India's digital copyright law, focusing on its key provisions, challenges and implications. India's Digital Copyright Act derives its legal framework primarily from the Copyright Act, 1957, which has been amended several times to better reflect the digital environment. The law recognizes a wide variety of copyrightable works, including literary, artistic, musical, and cinematographic works. It grants the author exclusive rights to copy, distribute, adapt, and perform, and provides remedies for unauthorized use. This article vividly
demonstrates that one of the biggest challenges in enforcing digital rights law in India is the prevalence of online piracy. Due to the ease of copying, sharing and distributing digital content, copyright holders often face unauthorized copying, distribution and public performance of their works. The rise of online platforms, social media, and file-sharing networks has further complicated the task of identifying and prosecuting copyright infringers. However, the Indian legal system provides takedown notices and
remedies for copyright owners to combat online infringement. This article focused on how India's digital rights law aims to strike a balance between protecting creators' rights and promoting innovation and access to knowledge. While challenges remain, legal frameworks, including international treaties, fair use provisions and enforcement mechanisms, provide a foundation for protecting intellectual property in the digital age.
References
AIR 1978 SC 1613
AIR 1971 Bom 48
AIR 1954 All 570
The most comprehensive international IP agreement, TRIPS plays a significant role in facilitating
commerce in creativity and knowledge, resolving trade disputes involving intellectual property, and
providing WTO members with the flexibility to pursue their domestic policy goals.
The 1886 Berne Convention governs the rights of authors as well as the protection of works. It
gives artists, such as writers, musicians, poets, and painters, the means to govern how, by whom,
and under what conditions their works are utilised.
The Phonograms Convention was adopted in Geneva in October 1971. This protection includes
protection from copies being made without the producer's permission, copies being imported for
the purpose of public distribution, and copies being distributed to the general public.
WIPO or World Intellectual Property Organization is the world's platform for intellectual property
(IP) services, policy, information, and collaboration.
The United Nations Educational, Scientific, and Cultural Organization, referred to as UNESCO,
promotes worldwide collaboration in research, culture, communication, and information, which
helps to maintain peace and security.
Copyright Act of 1957
Ibid, page 4
IA(L) 5011/2020 in COMIP(L) 2/2020 (Suit)
2012 (3) Mh LJ 88
Supra, page 3
Supra, page 3
It was approved on March 24th, 1999, and went into effect on April 6th, 1999. The Central
Government passed it using the authority granted to it by Section 40 of the Copyright Act of 1957.
The International Copyright Order of 1991 was replaced by it once it was passed.
Supra, page 4
Supra, page 4
(2008) 13 SCC 30
Section 31(b) of Copyright Act, 1957
CS(OS) 2722/2012
2019 SCC OnLine Bom 6469
Section 31 D of Copyright Act, 1957
Trademarks, patents, and geographical indications are subject to the authority of the Intellectual
Property Appellate Board (IPAB).
Section 14 of Copyright Act, 1957
S. Treaty Doc. No. 99-27
Supra, page 3
Supra, page 3
Supra, page 4
Ibid, page 8
Ibid, page 8
CS(COMM) 753/2017
MIPR 2008 (1) 128
Section 63 of Copyright Act, 1957
Section 63 A of Copyright Act, 1957
Section 65 A of Copyright Act, 1957
Section 65 B of Copyright ACT, 1957
Copyright (Amendment) Act of 2012
Section 13 of Copyright Act, 1957
Section 64(1) of Copyright Act, 1957
Section 64(2) of Copyright Act, 1957
Criminal Appeal No. 258 & 259 of 2013 SC
AIR 1967 Ker 234
