ABSTRACT

In the ever-evolving landscape of human innovation, the advent of digital technology stands as one of the most remarkable feats of the human mind. Its transformative influence spans across industries, seamlessly weaving into the fabric of our daily lives and reshaping how we engage with media, entertainment, communication, advertising, and education. The digital era has ushered in a new age, introducing unprecedented dimensions and objectives that promise to redefine the essence of human existence. The integration of technology into our lives has granted us access to an expansive array of amenities, from diverse entertainment options to limitless educational resources. Communication has transcended boundaries, and advertising has found new avenues to captivate audiences. Yet, within this era of boundless possibilities, a dichotomy emerges—a juxtaposition of opportunities and challenges that demand contemplation.

The internet, a cornerstone of the digital age, has empowered individuals with unparalleled access to information. While this accessibility fuels progress, it concurrently poses a threat to safeguarding the origins of such information. The ease of access to digital materials has given rise to profound concerns about copyright infringement—an issue that strikes at the heart of intellectual property rights. Copyright, a cornerstone of creative ownership, encompasses a vast spectrum of works, including novels, paintings, computer programs, movies, databases, and maps. In the digital realm, the infringement of these rights has become more prevalent, as the ease of copying, duplicating, and profiting from someone else's creative endeavors has escalated. The challenge lies in detecting and addressing these violations effectively. The internet, long hailed as a beacon of information sharing, has become a double-edged sword for copyright protection. Online platforms host a myriad of copyrighted works, ranging from news and stories to images, e-books, screenplays, and videos. Discerning between an original work and an unauthorized duplication in this vast digital expanse is a complex task. Contrary to popular belief, the assumption that online content is free to be copied is a misconception. Factors such as government disclosures, copyright terms, and ownership claims all play crucial roles in determining the legality of reproducing online material.

As we bask in the benefits of technology and the internet, we must acknowledge the shadows cast by potential drawbacks. Copyright infringement, facilitated by technological advancements and the omnipresence of the internet, poses a tangible threat to both the substance and the rights of content creators. The digitalization era, while bringing unparalleled progress, demands a vigilant and nuanced approach to balance innovation with the preservation of intellectual property rights.

INTRODUCTION

The evolution of copyright law has been significantly influenced by technological breakthroughs and the onset of the digital age. The ease and speed of information or work transmission in the digital realm have introduced complexities and legal concerns for copyright owners. Balancing copyright protection and the vast expanse of the internet has emerged as a paramount issue. The internet's capacity for effortless copying and duplication of online content poses a threat to copyright, making it increasingly difficult to discern between original works and copies in the era of digitization. The global accessibility facilitated by the digital age has undeniable advantages, yet it brings along significant drawbacks. With unrestricted access to the internet, there are minimal barriers preventing anyone from reaching the public, leading to concerns about copyright infringement. In the contemporary landscape where virtually everything is available online, encompassing software, literature, multimedia, and artistic creations, the accessibility and free availability of content have given rise to a surge in copyright infringement concerns. The complexity of these issues is exacerbated by the internet's inherent challenges to copyright law, making the resolution of infringement cases more intricate.

The advent of technology has presented three major challenges to copyright protection. Firstly, existing copyright laws lack meaningful sanctions to address the escalating infringement of intellectual works in the digital age. The acceptance of online copying by the public, privacy considerations, and legal constraints further complicate the enforcement of copyright laws. Secondly, the allowance of fair use within copyright laws becomes a significant problem in the digital age. The framework of fair use permits copying for personal use, opening the door for unauthorized online publication of copyrighted works, creating additional hurdles for copyright law enforcement. Thirdly, the limited definition of copyrighted works within current copyright systems is a critical issue. This limitation hinders effective protection for copyrighted works in the online environment, either through internet safeguards or legal pronouncements. Without addressing these challenges, the intellectual property system is at risk of being undermined. As technology continues to evolve, the shift from analogue to digital has provided users with faster and more versatile options for recording, downloading, and transmitting data. This digital era not only makes copyrighted works more susceptible to infringement but also renders enforcement more challenging and costly.

The rise of digital technology in the 1980s supplanted analogue technology, with Compact Discs gaining prominence while analogue formats like photo albums declined. The shift was driven by improvements in quality, reduced transmission costs, and the swift capture and transmission of data. The rapid pace of technological development continues to shape and broaden the application and subject matter of copyright laws. While digital technology empowers copyright holders with superior digital copies and broader distribution capabilities, it simultaneously jeopardizes their ability to enforce rights in the online domain. Despite the commendable advancements in technology facilitating rapid and high-quality distribution of digital content, the challenges to copyright law persist.

WHAT IS COPYRIGHT?

The legal right of the owner of intellectual property is referred to as copyright. The right to copy is the simplest definition of copyright. The only people who have the sole right to reproduce a work are the original authors of that work and anyone to whom they grant permission. Copyright law gives creators of original material the exclusive right to further use and duplicate that material for a given amount of time, at which point the copyrighted item becomes public domain.

A product that is considered creative and that needs a lot of mental effort to make is considered intellectual property and has to be protected against unauthorized replication. Computer programmes, works of art, poetry, graphic designs, musical lyrics and compositions, novels, films, innovative architectural designs, website material, etc. are examples of unique inventions. Copyright is one measure that can be taken to legally preserve an original creation. A work is considered original under copyright law if it was produced by the author using only original ideas without any copying. A work of this kind is referred to as an Original Work of Authorship (OWA). Anyone who has written an original work immediately owns the copyright to it, barring others from exploiting or copying it. The original owner of the copyright has the option to voluntarily register it if they want to have a stronger role in the legal system should the necessity ever arise. Not all kinds of work are protected by copyright. Ideas, discoveries, concepts, or hypotheses are not covered by copyright laws. Titles, domain names, slogans, and brand names are not covered under copyright legislation. An original work must be in physical form in order to be protected by copyright. This means that in order for any speech, discovery, musical composition, or idea to be protected by copyright, it must be physically recorded.

The original owner or creator of any work of intellectual property is granted copyright, which is a legal shield that allows them to be protected from the entire world. Legislators thus promote creativity and shield the creator's original work by providing this shield. Depending on the jurisdiction, a copyright's public law lifespan usually ends 50 to 100 years after the creator's passing. While some nations demand specific copyright formalities before establishing copyright, others accept copyright without a formal registration in any completed work. When a work's copyright expires, it becomes public domain.

HISTORY OF COPYRIGHT

The emergence of copyright can be traced back to the introduction of the printing press in Europe during the 15th and 16th centuries. Initially, with no copyright legislation in place, individuals could easily acquire or rent a press to print any text, leading to a significant reduction in the cost of producing works. This resulted in a proliferation of fresh content, as printers sought a continuous supply to stay ahead of competitors who rapidly reset and re-published popular new works. The substantial author fees for new books served as a significant financial incentive for many academics. The introduction of the printing press brought about profound social changes, with a dramatic increase in the demand for reading material as literacy rates rose across Europe. The availability of inexpensive reprints made literature accessible to a broad spectrum of income levels, contributing to Germany's industrial and economic success, as it is hypothesized. However, with the establishment of copyright law in England in 1710 and in German-speaking areas in the 1840s, the low-cost mass market vanished. Fewer, more expensive editions were published, leading to a significant reduction in the circulation of scientific and technical information.

The idea of copyright originated in England with the Licencing of the Press Act 1662, giving the Stationers' Company control over material printed and registered. Copyright laws, rooted in England, enable the preferred exploitation and financial reward of creative human endeavors. This development is attributed to cultural attitudes, social structures, economic theories, and legal systems unique to Europe rather than other regions like Asia. Unlike the Middle Ages, where there was no concept of literary property, copyright rules now treat intellectual production as an individual's product with associated rights. The key insight is that copyright and patent rules stimulate the commodification of various creative human activities, akin to how capitalism commercialized aspects of social life without direct economic value previously. This impact extends beyond literary works to encompass sound recordings, films, photos, software, and architecture, influencing nearly every modern sector. The British Statute of Anne in 1709 is often regarded as the first true copyright law, granting publishers rights for a predetermined time before copyright lapsed. This statute acknowledged the artist's individual rights and emphasized the right to financial gain from their work. Court decisions and legislative actions in some nations grant creators an indisputable right to recognition.

In the United States, copyright initially required explicit request and had a 14-year lifespan. After this period, the work entered the public domain, allowing others to use and build upon it. The absence of copyright laws in the early 19th century is argued by history professor Eckhard Höffner to have encouraged publishing, benefited authors, increased book production, enhanced knowledge, and played a significant role in Germany's rise to power during that century. While copyright laws were enacted relatively late in German states, the empirical evidence from Napoleonic Italy suggests that the introduction of basic copyrights positively influenced the number and quality of operas.

INTERNATIONAL TRENDS IN DIGITAL COPYRIGHT

Berne convention for the protection of literary and artistic works, 1886:

The Berne Convention for the Protection of Literary and Artistic Works, established in 1886, stands as a cornerstone in the realm of international copyright law. Named after the Swiss city where it was first adopted, the convention has evolved over time to become a global standard for the protection of intellectual property. The primary objective of the Berne Convention is to provide creators with automatic protection for their works upon creation, without the need for formalities such as registration. This protection extends to a wide range of creative expressions, including literary, artistic, and scientific works. Authors, artists, and other creators benefit from the convention's provisions that grant them exclusive rights to reproduce, distribute, and display their works. One of the key principles of the Berne Convention is the principle of national treatment. This means that each member country is required to extend to the works of authors from other member countries the same level of protection it provides to its own nationals. This facilitates the global exchange of creative works and ensures a level playing field for creators worldwide. Over the years, the Berne Convention has undergone revisions to adapt to the changing landscape of technology and creativity. The most recent revision, known as the "Internet" or "WIPO" amendment, addresses the challenges posed by the digital era and reaffirms the commitment to protecting the rights of creators in the online environment. The Berne Convention has been ratified by a significant number of countries, making it one of the most widely accepted treaties in the field of intellectual property. Its influence extends beyond its original scope, as it has served as a model for subsequent international agreements and has played a crucial role in harmonizing copyright laws on a global scale.

Universal copyright convention 1952:

In 1952, the Universal Copyright Convention (UCC) was initially established, and additional protocols were finalized on July 24, 1971, in Paris. The primary objective of this convention is to foster global understanding and facilitate the dissemination of intellectual works. The preamble underscores the consensus among participating states that a universally applicable copyright protection system, compatible with diverse nations and complementing existing international frameworks, is vital. The convention aims to ensure the protection of individual rights, fostering the progress of literature, sciences, and the arts. It encompasses provisions on the duration of protection, national treatment for nationals of contracting states regarding published and unpublished works, and the effective safeguarding of the rights of authors and copyright owners in various creative works such as writings, music, drama, cinema, paintings, engravings, and sculpture.

The WIPO treaties:

The WIPO Copyright Treaty (WCT), 1996, and the WIPO Performances and Phonograms Treaty (WPPT), 1996, sometimes referred to as the Internet Treaties, make it illegal to get beyond the technological safeguards put in place by writers to protect their works. A specific arrangement that Berne Convention contracting countries may sign without impairing the Berne Convention is the WIPO Copyright Treaty (WCT), 1996. WCT mandates that the following be covered by copyright in the nations of the contracting parties in addition to requiring that contracting parties apply the provisions of the Berne Convention mutatis mutandis with regard to the protection given by WCT:

• Computer programmes, regardless of their mode or form of expression, and
• compilations of data or other material (databases), in whatever format, that are considered intellectual inventions because of the way their contents have been chosen or arranged. The WCT's Articles 11 and 12 represent significant steps towards more effective copyright protection. The obligation to provide legal remedies against the circumvention of technological safeguards used by authors in the exercise of their rights as well as against the removal or alteration of information, such as specific data that identifies the work or its authors, necessary for the management of their rights, is imposed on the contracting parties by these agreements. The requirements relating to technological measures and rights management information in connection to the rights of phonogram makers and performers are covered by WPPT articles 18 and 19. These two agreements fortify the foundation for:
• The outlawing of infringements and attempts to evade technological controls on access to a work protected by intellectual property.
• The protection of the data's integrity related to copyright management. The title of the work, the author's name, the name and identifying information of the copyright owner, the information contained in the notice of copyright, the terms and conditions for using the work, etc. are all examples of copyright management information. In order to hide their actions, infringers provide misleading information to copyright management.

The TRIPs agreement:

The most significant and comprehensive international agreement on intellectual property rights is the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). TRIPs were created at the 1994 Uruguay Round of the General Agreement on Tariffs and Trade ("GATT"), which was run by the World Trade Organisation. The most important aspects of TRIPs are its requirement that member nations implement and uphold basic standards for preserving intellectual property rights and its first-ever connection of intellectual property rights to trade in a global intellectual property agreement. The Berne, Rome, and Paris Conventions are partially adopted by the TRIPS Agreement as it lays out standards for intellectual property legislation. According to this argument, only expressions should be covered by the copyright; not ideas, operational processes, or pure mathematical notions. With the exception of Article 6 bis, which states that "members shall not have rights or obligations under TRIPs Agreement," Article 9 requests that the member nations abide by Articles 1 through 21 of the Berne Convention. Computer programmes and data compilations are discussed in Article 10 as being protected by copyright as literary works. Rome convention: The Rome Convention, which was signed in 1961, broadens the scope of the Berne Convention by ensuring the rights of performers, sound recording producers, broadcasters, and many other parties in addition to safeguarding literary, artistic, and cinematic works. Together with the International Labour Organisation (ILO) and the United Nations Educational, Scientific and Cultural Organisation (UNESCO), the World Intellectual Property Organisation is currently in charge of overseeing the convention's administration. The agreement gave performers, sound recording producers, and broadcasting organizations who are not the creator but have a close connection to a copyrighted work for the first time protection against copyright-related rights. The treaty has 96 contracting parties as of August 2021, with a party being defined as a State that has agreed to be bound by the treaty and for which it is in effect. In response to new technology like tape recorders that enabled the recording of sounds and images easier and less expensive than ever before, nations created the Convention.

DIGITAL COPYRIGHT LAW TRENDS IN INDIA

The widespread availability of internet resources has given rise to serious apprehensions regarding copyright infringement. Digitalization enables the unauthorized copying, duplication, and sale of copyrighted works, making it challenging to detect such violations. Activities such as downloading and uploading content, creating derivative works through software combinations, and hot-linking, which displays images through links to hosting domains, all constitute copyright infringements in the online space. Software piracy, involving the unlawful reproduction and distribution of devices with illegal or copyrighted software, stands out as a major cause of copyright violations. In India, the Copyright Act of 1957 has undergone multiple revisions to adapt to societal changes and ensure the protection of authors' works. The 1994 Amendment Act addressed advancements in communication tools and computer software. Subsequent amendments in 1999 and 2012 aimed to align the law with international agreements such as TRIPs and WIPO treaties, especially focusing on addressing challenges posed by digital advancements. The 2012 revision introduces provisions aligned with the WIPO Copyright Treaty and WIPO Performance and Phonograms Treaty, expanding the scope to address digital-era threats to copyright protection.

Notable changes include the inclusion of technological protection measures, specific fair use rules, and provisions for moral rights. Section 57 grants authors special rights, including the right to prevent distortion, mutilation, or modification of their work. The 2012 Amendment also allows legal representatives to assert moral rights on behalf of the author, a significant departure from previous exclusions. Section 52 of the Copyright Act addresses restrictions and exceptions, in accordance with Article 10 of the WIPO Copyright Treaty. Indian law explicitly permits fair use of literary, dramatic, musical, or artistic works for private and personal use, research, criticism, or review. In addition to author-friendly changes, the amendments streamline copyright administration, enhance performance rights, and include provisions for people with disabilities. India, without formally ratifying the WIPO mandate, achieved compliance with the treaties, showcasing its commitment to protecting authors' interests.

The Indian judicial system plays a distinctive role in safeguarding copyright holders' rights in the digital realm. Addressing digital copyright violations, the Information Technology Act of 2000 in India deems online distribution of copyrighted works a criminal offense under Section 66. Offenders may face imprisonment for up to three years and a fine of up to two lakh rupees. The introduction of "John Doe" orders is a recent measure by Indian courts to reduce instances of digital infringement, allowing injunctions based on limited information when the accused's identity is unknown at the time of filing. In summary, Indian copyright laws have evolved to address the challenges posed by digitalization, aligning with international standards and incorporating measures to protect authors' and other right holders' interests.

DIGITAL TECHNOLOGY

The significance of copyright is expanding hand in hand with the rapid growth of the technology sector. In the realm of legislation, copyright stands out as a pivotal component for safeguarding technological progress, often described as a technological legacy. Purposefully adapted over time, copyright seeks to protect the public's interest in innovation, creativity, and resourcefulness. It aims to offer proper incentives to authors and creators of diverse works while ensuring accessibility to the broader public. Maintaining a delicate balance is crucial for copyright, as it endeavors to reward inventors while making their creations available to the public. With the continuous advancement of technology, this task has become more complex, given that access to information is just a click away on the internet. The worldwide, rapid distribution, and near-instantaneous duplication of copyrighted content have been made possible by the internet.

One of the most significant technological advancements in recent years is digitization—the process of converting compositions into a computer-readable language. Digitization enables storing works in a binary format, consisting of ones and zeros, facilitating preservation and sharing. On a global scale, digital technology represents the cutting edge, impacting the development, transmission, and protection of copyright works. The ease with which digitized content can be modified, replicated, and distributed has ushered in a new era, symbolizing the current century. Digital technology's impact on copyright extends to content manipulation, integration, alteration, and mixing. However, this innovation comes with risks, particularly due to its capacity to produce flawless replicas of copyrighted works at a minimal cost. There is a potential for disruption in distribution systems and the unauthorized use of intellectual property, marking a significant turning point in the longstanding and tumultuous history of copyright.

CHALLENGES TO COPYRIGHT IN THE DIGITAL WORLD

Copyright and the internet, multimedia work, social media, and software are the four primary issues in the digital age: Copyright and internet: For a very long time, the Internet has been one of the biggest challenges to copyright. On the internet, there are a variety of products that are protected by copyright, including news, stories, pictures, graphics, e-books, movies, and many more. It is challenging to assess whether the work is a duplication or copy of the protected work because of the wealth of information available on the internet. The idea that information obtained through the internet can be freely duplicated is untrue. But this is not the case unless the government releases the data, the copyright's term has passed, or the owner of the copyright has given up his claim. Multimedia work: Text, sounds, music, photos, graphics, presentations, live films and

performances, and a host of other categories make up the broad and self-contained idea of multimedia work. The copyright protection is available to multimedia under literary works under software programmes, artistic works including images, cinematographic films, which include films or videos, dramatic plays, sound recordings, which include musical works, and photographs. As a result, the protection of creators' rights under the umbrella of copyright is challenging due to the variety of rights available to copyright owners. Social media: Social media platforms are the most well-known means of bringing people together around the world. On this platform, content that might be protected by copyright is shared. Copyright violations have occurred as a result of the practice of sharing materials on social media, such as photos and photographs. A major factor in these infringements is the fact that all of the incorrect information that is uploaded and made available on social media is free and that people are unaware that such works are protected by copyright. On social media platforms, copyright violations can take the form of: reposting, saving, or sharing materials that are copyright protected without the owner's consent. Software: Software is a collection of computer programmes, instructions, and documentation that assists computer systems in carrying out their functions. The primary cause of copyright infringement, which involves the unauthorized copying and distribution of copyrighted software, is software piracy. Software Piracy includes making a copy and selling it, renting the software, selling computer hardware units with pirated software pre-installed or pre-loaded, and CD-R technology-based software copying.

ADVANTAGES OF DIGITAL TECHNOLOGY IN COPYRIGHT REGIME

● Effortless Replication: The transformation of copyrighted materials into digital formats has streamlined the reproduction process, allowing for accurate and swift duplication. Thanks to advanced technologies and suitable software coupled with high-speed internet, a single copy can effortlessly cater to the needs of millions.

● Economical Solution: Digital technologies prove to be cost-effective for both content creators and consumers, leading to significant time and financial savings. The widespread accessibility of the internet, coupled with affordable reproduction setups and distribution costs, contributes to reducing the economic burden associated with disseminating copyrighted information through digital media.

● Platform for Innovative Creations: The evolution of digital technologies has given rise to an entirely new category of creative works, such as multimedia compositions, computer software, databases, and more. This has not only introduced notable additions to the entertainment industry but has also revolutionized work practices across various fields that leverage information and communication technologies.

● Empowering Authors for Direct Publication: The digital medium empowers authors by providing a platform for direct sharing of their contributions without the need for traditional publishers. In the realm of digital media, authors can independently make their work available to targeted audiences, with intermediaries playing a diminished role compared to traditional dissemination methods involving publishers.

● Simplified Distribution: Digital technology facilitates easy, rapid, and cost-efficient global distribution of content without compromising quality. Once information emanates from a single source and reaches recipients, they can swiftly share it with additional audiences through digital networks. Internet distribution channels for copyrighted content eliminate conventional barriers, enhancing the overall distribution process.

● Swift Access to Digital Content: The pervasive nature of the internet ensures swift and convenient access to digital creations for those seeking them for personal use. The ubiquity of digital platforms enables quick and hassle-free obtainment of digital content for a diverse range of users.

DISADVANTAGES OF DIGITAL TECHNOLOGY IN COPYRIGHT REGIME

● Objective of Copyright: The primary aim of copyright is to prevent the unauthorized reproduction of creative works without the owner's permission. In the digital era, the ease of distribution for copyrighted materials is heightened. However, the lack of strict control results in widespread unauthorized copying and distribution, posing challenges for copyright owners in tracking and legally addressing violations. The digital platform facilitates the extensive dissemination of copyrighted works.

● Adaptability and Modification: Digital media's flexibility allows users to easily modify, adapt, or manipulate content. While this adaptability appears convenient, it raises concerns for creators and owners about how their original content might be handled. Unauthorized alterations to the original content can change its entire meaning, potentially conflicting with the author's intended message.

● Caching and Mirroring: Caching, also known as mirroring, involves saving copies of content from an original source site for later use when the same content is repeatedly requested. This practice aims to expedite access to data and reduce network congestion. However, copyright holders face challenges when copyrighted material is duplicated and stored for future use, as it poses a potential threat to their interests.

● Linking and Framing: Linking and framing are common methods of connecting documents in an online environment. Linking involves using an embedded electronic address to direct users to another website, while framing displays linked material on the host website. When linked content is protected by copyright, and the owner has not granted consent, linking and framing raise issues for copyright owners. These challenges highlight the complexities that arise in the digital age, where the rapid dissemination and adaptability of content pose significant hurdles for copyright protection and enforcement.

CONCLUSION

Undoubtedly, technology has played a pivotal role in the evolution and promotion of artists' works, yet it simultaneously poses a significant threat to the secure transmission and publication of creative content. The current legal frameworks struggle to keep pace with the boundless capabilities of the internet, despite numerous initiatives at both national and international levels aimed at overcoming the hurdles presented by technology to copyright protection in the digital realm. Recent amendments have brought copyright laws more in line with contemporary practices, but certain unresolved issues continue to jeopardize the protection of copyrighted information. A society that is well-informed about copyright regulations, close collaboration with international organizations, and a supportive relationship with the legal system are indispensable in addressing these challenges. Consumers, in the act of purchasing content, must exercise caution regarding the originality of the author. The collective attitude of the public holds considerable weight; in the current landscape, consumers may accept products of slightly lower quality at a reduced price, showing a decreased emphasis on uniqueness. Due to the accessibility and affordability of digital and physical information, consumers often refrain from legal recourse, fearing the protracted legal processes involved.

The evolving digital environment requires copyright laws to pay closer attention to the intricacies of the online space. Discrepancies between the perspectives of authors and creators arise due to a lag in adapting laws to real-world circumstances, exacerbated by the rapid pace of technological development. Distinctions between agreements for the reproduction and assignment of works, as well as issues with the work-for-hire doctrine and the copyleft doctrine, contribute to challenges in copyright protection. Addressing these issues is crucial for the benefit of the general public in the digital space. The primary objective should be to safeguard original works despite technological advancements and digitalization. This approach facilitates easier identification of original works, enabling researchers, students, teachers, authors, and others to obtain the necessary permissions for legitimate use.