S Y N O P S I S - I M P O S I T I O N O F D I G I TA L R I G H T S M A N A G E M E N T ( D R M )

A. INTRODUCTION

Digital rights management (DRM) is a method of protecting copyrights of digital media. This approach
includes – (a) using technologies that limit the copying and use of copyrighted works and proprietary
software and (b) digital rights management allows publishers or authors to control what paying users can
do with their works.
For companies, implementing digital rights management systems or processes proves to help to prevent
users from accessing or utilizing certain assets, allowing the company or organization to avoid legal
issues that arise from unauthorized use. Today, DRM is playing a growing role in data security.
With the rise of peer-to-peer (P2P) file exchange services such as torrent websites, online piracy has
been the bane of copyrighted material. DRM technologies do not catch those who engage in piracy.
Instead, they make it impossible to steal or share the content in the first place

B. LITERATURE REVIEW

 Copyrights Act, 1957

 Copyrights (Amendment) Act. 2012
 227th Report of Parliamentary Standing Committee on the Copyright (Amendment) Bill, 2010
 WIPO Copyright Treaty
 S.R. Subramanya, Digital Rights Management

C. STATEMENT OF PROBLEM

The basic focus of this project revolves around the insertion of Section 65A in the Copyright Act, 1957 by
way of the 2012 Amendment. Section 65A (1) seeks to make circumvention of “effective technological
measure” on copyrighted material a criminal offence, with imprisonment for a maximum period of two
years.
Section 65A (2), further, provides various exceptions, enumerating permissible acts of circumvention.
These exceptions include:
doing anything necessary to conduct encryption research using a lawfully obtained encrypted
copy; or conducting any lawful investigation; or
doing anything necessary for the purpose of testing the security of a computer system or a
computer network with the authorization of its owner or operator; or
doing anything necessary to circumvent technological measures intended for identification or
surveillance of a user; or taking measures necessary in the interest of national security.
The amendment also inserted section 65B which provides for protection of Rights Management
Information. The purpose of section 65B is to make the Indian copyright laws in compliance with the
WIPO Copyright Treaty (WCT), Article 12 of the treaty in particular.

D. HYPOTHESIS

India evidently lacks means to fight piracy. According to a BSA-IDC Global Software Piracy Study, in
2008 global software manufacturers lost an estimated $2.76 billion to software piracy in India. In 2009 the
Indian government suffered revenue losses of $866 million in 2009 due to the high rate of illegal software
trade in the country.
Advances in technology have called for a number of changes in the copyright legislation. In effort to
counter piracy, the media industry, including entertainment and Publishing is resorting to its own
technological fixes such as Digital Rights Management, Technological Protection Measures and
Broadcast Flags. There is often a conflict between the interests of the copyright owners and users.
The Project will test the effectiveness of the criminal enforcement actions as introduced in the Copyright
Act in 2012.

E. RESEARCH QUESTION

1. By way of inserting Section 65A, has the issue of piracy of digital media effectively tackled?
2. What is the statutory position on the use of DRM as a method used to protect Copyright
Protected Content?

F. RESEARCH METHODOLOGY

The research methodology opted for this project is doctrinal in nature.

G. PLAN OF STUDY

A thorough review of the above cited literature to prove the hypothesis or disprove the same, after taking
in to account all the relevant studies, data and reports available on the issue.

H. OBJECTIVES OF STUDY

 To determine if the erstwhile legislative safeguards for the protection and enforcement of
copyrights are effective for the purpose.
 If not, suggest ways in which copyrights can be protected, a need of the hour in light of the
increased consumption in digital media.