LAW OF COPYRIGHT IN THE ERA OF DIGITALIZATION: AN ANALYSIS

pg. 1
 TABLE OF CONTENT

CHAPTER I- INTRODUCTION TO COPYRIGHT ………………………………………. 11

Introduction

Literature Review

Scope of study

Objective of Study

Research Questions

Research Methodology

CHAPTER II- DIGITAL COPYRIGHT LAW …………………………………………..... 20

History of Copyright law in India

Origin and the development of Copyright

Status of Anne

Copyright law in India

Importance of Copyright law

Background of Digital Technology

International Treaties and Conventions

Tension between Copyright and Technology

License under Copyright Law

What is Digital Copyright Law?

What is Database?

Copyright and Database

pg. 2
Copyright protection of Computer software/ program

Internet protection in India

Conclusion

CHAPTER- III – COPYRIGHT AND THE NEW TECHNOLOGIES …………………… 47

Copyright law In Music Rights

Compulsory license of Music

New works in cyberspace

Judicial trends on copyright relating to Music Rights

Internet the Threat

Copyright issue in Digital Media

Digital technology and Copyright Issue

Software and windows

What is P2P?

Conclusion

CHAPTER – IV- INDIAN COPYRIGHT LAW AND OTHER NATION’S ……………… 81

Copyright in the Digital Domain International Framework

Indian perspective on Digital Copyright and Future challenge

Copyright and the EU Digital Single Market: A Masterstroke

Law related Copyright in Digital Copyright India and US

Legal environment in New Zealand

Italy: Copyright Law update for Digital Era

pg. 3
Digital Right Management

Proposal to Reform Copyright Law

Need for International Harmonization

Non Expressive use of Copyright Material for Innovation

CHAPTER V – DIGITAL COPYRIGHT WORLD WIDE ……………………………….. 96

What is E-Book?

Technological Protection Measures and Right Management Information

Liabilities in US and Europe

Change in Copyright Law in US

Measures taken towards Digital Copyright World Wide

Preventive measures towards Digital Copyright Infringement and Law

CHAPTER VII- EMPIRICAL DATA ANALYSIS WITH INTERPRETATION ……… 109

Questionnaire, Response, and Interpretation

CHAPTER- VI – CONCLUSION, SUMMARY, IMPLICATOINS ……………………… 119

Suggestion and implication

Conclusion

pg. 4
 CHAPTER I- INTRODUCTION TO THE DIGITAL COPYRIGHT

pg. 5
 INTRODUCTION

“The way people enjoy culture and entertainment has completely changed – and this is good. But
it is important that we don’t leave creators in the cold.”1

The Copyright IP protects cultural creations. It's a set of boons that insure the protection of an
existent's unique work, similar as composed content, song, music, and so on. This means that only
the product's originator and anybody they give authorization. Copyright is there to cover the
original work's suggestive idea rather than the idea itself. As per the Copyright Act, it assurance
allowed scholarly work, the dramatic work, the musical work, all the cultural workshop, the
cinematograph, and all kinds of recordings of sound. As book, PC program shielded under cultural
workshop. It gives mound of picky boons under Section 14. These boons can rehearsed by the
possessors. These incorporate, variation, re-produce, re-publish, and so forth." Right to transcribe,
reproduction, reduplication, to vend, to publicize, to print clones or original work," as per Black's
Law Dictionary. The law grants work's proprietor a slew of exclusive rights for reproduce the
originals. The brand holder has sole power of similar work, and no bone can replicate it without
his authorization. Therefore if a person infringes similar right also the brand holder can file a suit
against similar infringer ask for damages?

Therefore it is very essential to know what is the true meaning of saving the data which we upload
in internet, even if it’s for business purpose or for personal use even it’s the use of educational
purpose or any confidential data it should be copyright and saved from the infringements without
any fail. So it’s important to know every aspect of infringements and the risk you are playing while
using the internet. While this paper will describe what are all the aspects in which there can be
hampering of you essential data wen it is not copyright and even after that why it is essential to
save it from being copied.

1
Andrus Ansip, European Commission VP Digital Single Market

pg. 6
REVIEW OF LITRATURE

A. Articles:-
i) In the article of Stephen A and William J Rachel of “The copyright in digital age”
policies building.
- StephenA. Merrill and WilliamJ. Rachel compare how copyright owners have tried
to help unauthorised distribution advanced up the distribution chain in this
composition. Brand protection has been enhanced and extended over multitudinous
decades as a result of legal changes urged by public and transnational events.
Copyright and its exceptions have impacted the content and technology diligence,
which have grown decreasingly vital as sources of profitable development, fairly
high- paying jobs, and exports. They've endured a technological revolution that has
upset long- established forms of creating, distributing, and utilising workshop
ranging from literature and news to pictures and music to scientific papers and
computer software since the development of digital technology in themid-1990s.
These disruptive changes have sparked a heated debate in the United States and
abroad about copyright's proper compass, terms, and means of enforcement — a
debate between those who believe the digital revolution is gradationally brand
advancements stifle technological invention and free expression. The safe harbours
for internet service providers that Congress added to brand law in the DRM are
effectively in effect now. Authors can more readily induce and distribute workshop
of authorship using digital technologies and networks, but they and their
distributors have lost a significant quantum of their authority to enjoin or make
infringing distribution of brand workshop. The scale of these goods on colourful
creative diligence is delicate to measure, but dislocations in conventional force
chains and the death of certain aged business models while enabling the creation of
new bones are clear to spot. Violation Copying's Consequences Empirically-
acquainted economists have paid close attention to the impacts of Internet- enabled
illegal use, with the maturity of them fastening on specific content sectors, similar
as computer software, recorded music, and, more recently, cinema. Eventually, the
continued wide vacuity of infringing music on the Internet has impelled licit
Internet music services to expand other services similar as mobile device playback,

pg. 7
 library operation, and navigation to encourage consumers to hear to fairly attained
sound recordings rather than illegal backups. Starting a new company. New
business models in music include:
- File- sharing and other unlicensed clones of the same music contend with digital
music outlets similar as iTunes and Amazon, which vend the workshop of
musicians and record markers online.
- Obligatory forced licenses of the underpinning copyrighted content enable
announcement- supported Internet radio services like Pandora;
- Donated music subscription services, similar as Spotify, that don't grant complete
power of music but pay brand possessors further plutocrat than announcement-
supported streaming services;
- Each time a music videotape is seen on YouTube, the brand proprietor receives a
chance of the advertising profit.
- Major marker recording artists and unsigned bands can use social networks to
gather sympathizers to buy downloads, view vids, and attend shows;

ii) Philippe Jougleu,: the law of EU has existing and future legal difficulties in the digital
era, with a focus on important topics that are already regulated or will be regulated in
the field of Internet law, in this article. Examines essential and unique topics in major
areas of law related to the digital era, such as data protection, copyright law, digital
technologies, and consumer law, to assist readers gain a complete knowledge of the
relevance of Internet regulation and its implications on many conventional areas of law.
It focuses on both the regulation and enforcement of Internet law in practise, making it
a valuable resource for scholars, legislators, practitioners, and judges alike. The author
describes and analyses significant EU Internet regulatory difficulties now present in
different key domains of law directly related to the Internet, including information
technology, consumer protection, personal data, e-commerce, and copyright law. It also
attempts to offer light on the content and significance of various pending legislative
initiatives in these domains, as well as current case law from the Court of Justice of the
European Union in relation to overcoming the many challenges encountered. The book
focuses on difficult legal concerns that have received insufficient attention, as well as

pg. 8
 creative thinking about the regulation of new legal issues. As such, it offers an excellent
reference tool for researchers, policymakers, judges, practitioners and law students
with a special interest in EU Internet law and regulation.

B) Books- In an attempt to frame a detailed note on critical appraisal on copyright laws in India,
the researcher has consulted the following books in compilation of this researcher work:-

- Draft treaty on copyright of electronic record 1990.

- Comparative digital copyright law – Dora Hajdu, Luis Javier Capote Perez and
Peter Mezei.
- Challenges and opportunity in CR law – by Manoj kumar
- Digital C. – Jessica Litman

C) Case Review

(1) In the case of ABS entertainment vs CBS Corp2

A case regarding the copyright ability have been digitally restored. The US State
court appeal the lower court "the creation of an authorised digital remastering of
pre-1972 analogue sound recordings that qualify as copyrightable derivative works
does not bring the remastered sound recordings exclusively under the ambit of
federal law," and that "the district court erred in concluding that plaintiffs' state
copyright interest in the pre-1972 sound recordings qualifies as copyrightable
derivative works,"
Court description: Brand On claims of violation of state law imprints possessed by
the complainants in sound recordings firstly fixed before 1972, the panel reversed
the quarter court's entitlement of summary judgement in favour of the defendants.
Sound recordings made after February 15, 1972, are subject to a mandatory license
scheme for digital transmission and are pure from violation for terrestrial radio
performance under the Sound Recording Act. Sound recordings made before 1972
are subject to state enactment and common law control, and they aren't defended

2
No 16-55917, 2018

pg. 9
 by the civil brand until 2067. Prior to February 15, 1972, the complainants held
sound recordings of musical performances that were firstly recorded in analogue
format. They converted the sound recordings from before 1972 to digital
performances.

(2) BMG Rights Mgmt. (US) LLC v. Cox Commc’n., Inc., Nos. 16-1972, 17-135

Cox couldn't qualify for safe harbour protection under the DMCA, according to the
lower court, since "no reasonable jury could decide that Cox developed a (reprise
violation) policy, "as needed by the DMCA. The Fourth Circuit conducted a new
review of the district court's allocation of summary judgement in this case. Cox
contended that the district court erred in awarding BMG summary judgement, and
that the expression" periodical infringers" as used in 512 (i) (1) (A) should be
confined to arbitrated infringers. The Fourth Circuit Court of Appeals dissented
with Cox's interpretation and upheld the lower court's decision, saying that"
Congress knew how to expressly relate to arbitrated violation, but didn't do so in
the reprise infringer provision," and that the" term 'infringer' in 512 (i) isn't limited
to arbitrated infringers." The Fourth Circuit Court of Appeals disagreed with Cox's
interpretation and upheld the lower court's decision, saying that "Congress knew
how to expressly refer to adjudicated infringement, but did not do so in the repeat
infringer provision," and that the "term 'infringer' in 512(i) is not limited to
adjudicated infringers." The Court also determined that Cox was "clearly
determined not to terminate subscribers who in fact repeatedly violated the policy,"
and that "at a minimum... an ISP has not reasonably implemented' a repeat infringer
policy if the ISP fails to enforce the terms of its policy in any meaningful manner.

(3) Cambridge University Press vs Albert, No. 12-14676 (11th Cir.2018)

In 2008, numerous academic publishers filed a lawsuit alleging that Georgia State
University had violated their intellectual property rights with their course e-reserve
system. In the appealing court ruled that the district court didn’t directed and
applied the fair use criteria incorrectly. Then the court later agree with publisher

pg. 10
 and the claim that court erred when recessed its factor analysis and adopted a maths
formula for the wright and balance the four elements and in its all fair use for each
extract for the first appeal. Finally the court found that the district court grants the
GSU lawyer fees as done.

(4) Capitol record vs Ridigi3

An example of a work granted customers "resell" music files.
United States issued awaited opinion confirming court determination the digital
infringement on plaintiffs'. ReDigi's claim that destroying the real copy a document
that course that reselling a recording of the sound doesn’t constitute the
reproduction as like rejected by honourable court. And again court have the deletion
does not negate the fact that a replica was created, and thus ReDigi's fair use
defence (which relied primarily on the court's fair use ruling in TVEyes) fails.

SCOPE OF THE STUDY

 The study will focus on the scope of the particular study on copyright in digital era, the aim
is to discuss all the dimensions of copyright in digital platform within computer database,
computer software etc.
 The researcher will highlight how the digitization has proved to be beneficial for many
artists and creators, which now has raised concerns as there are an increasing number of
digital copyright infringements.
 The scope of study is limited that there is no such protection in digital platform work but
researcher will highlight international conventions, drafts and the right of copyright owner
with case laws, empirical study and the available data collection.
 In this paper the researcher describes how the CR have developed when it comes to the
digital platform of work the fast internet which are mainly use for all the either it is eco.
Or business perspective, how much CP has developed.

3
Inc number 16-2321 2018

pg. 11
OBJECTIVE OF THE STUDY

 The study Focus upon how the copyright infringement takes place. The digital platform are
taken granted, the objective is to describe the Ways for Data Protection of Website with
Legal Aspects.
 The main objective is to describe how infringement of CR in digital platform is hampering
the internet safety, privacy and the computer database.
 There are provisions for the protection of copyright as mention under section 14, hence
there is need for protection of website containing confidential data. Beside this
infringement of copyright in digital platform continues with the hyperlinks, dark web etc.
 Therefore to find out the ways for safe use of internet and what measure can be taken while
uploading data on any digital platform for data originality, by reaching out to copyright
officers in copyright office of west Bengal, collection of information and what can be the
solutions of the problem of copyright infringement in digital platforms.

RESEARCH QUESTION

The research questions are as:-

 Weather the copyright act 1957, is sufficient to prevent the infringement and hampering of
data in software’s, website and computer programs?
 What are the main objectives of copyright act when it comes to protecting the digital
platform?

RESEARCH METHODOLOGY

 When we are talking about the research methodology it is one of the main part of research
paper, dissertation or thesis. It describes the main process and technique to search identify

pg. 12
 then select the process after researching the information about the topic. It gives a brief
idea how the research paper, thesis or dissertation is main, like the structure of a building.it
help the reader for critical evaluation.
 In this research, researcher has used an empirical research. The data collected from the
copyright office in West Bengal, sector V- Salt Lake City, Kolkata.
 The data collected about the cases of digital copyright infringement in daily basis are
factual information of survey and observation, which is still on process with context to
other states cases in patent office.
 The researcher has identified the statutory provision dealing with the digital copyright
infringement in India and legal principles involved therein.
 The researcher has compared the Indian copyright law 1957, with US and other nation
laws, international treaties, convention’s (e.g. Berne, Geneva Convention etc.) drafts,
articles, and amendments, which are quite different from the Indian copyright law in digital
platform.

pg. 13
 CHAPTER II- DIGITAL COPYRIGHT LAW

pg. 14
HISTORY OF CR IN INDIA

In India, CR law emerged over 150 years. India's first touch with CR law in 1847 when act passed
at the time of the east India company came to India .Despite author refusal to allow publishing
after his death, the government had the ability to do so. Illegal CR work in "sale, hire, or export,",
"for selling, publishing, or exposing to sale or hire," was considered a not the original one.
Infringement suits can filed in "highest local court exercising original civil jurisdiction" under CR.
As the provisions of the CR "any encyclopedia, review, magazine, monthly work, or work
published in a series of books or parts" be “owned, projector, publisher, or conductor" under a
contract of service. As under this rule the registration of the work from the home office as required
for the safeguarding the rights. Anyways this act have clearly said that the author copyright and
his legal rights against his work got accessible under this legislation other than the act of 1847. CR
is growing for almost a period of 100 years, in Britain, when it was introduced in India, and the
terms of the 1847 regulation were replicated in succeeding enactments. And also when eliminating
the earlier law the copyright is applicable to the British homes also, including India. At the time
of 1914 Indian copyright act was modified of some rules of copyright act 1911 and have been
added some new rules and regulations to make it applicable in India. The Indian copyright 1914
has come in effect until 1957 as at the time when it was replaced by copyright act of 1957

THE DEVELPOMENT AND ORIGIN PF THE COPYRIGHT

The conception of brand protection arose with the development of printing, which allowed erudite
workshop to be mechanically replicated. Hand copying has heretofore been the only means of
replication. After, the invention of Guttenberg’s printing press in Germany in 1436, a need to cover
the printers and bookmakers was honored and therefore certain boons to printers, publishers and
also authors were granted. The art of publishing spread snappily in Europe. After 1483, England
surfaced as a major center of printing trade in Europe. The spread of this technological invention
led to creation of a class of interposers, who made original investment in bringing out the book,
i.e., the printers, who doubled as bookmakers as well. They were called the “stationer’s” in
England. The Stationer's Company of London was awarded the appanage of regulating the book
trade by Queen Mary I in 1557. In England, the Licensing Act of 1662 made it illegal to publish

pg. 15
any book that wasn't certified and registered with the Stationers' Company. This was the first clear
law aimed at securing erudite brand and precluding pirating. The license period was short lived. It
was only with the end of the Queen Anne’s Statute of 1709, that, the rights of the authors over
their work came to be fairly honored, and the conception of ‘public sphere’ was established, though
not explicitly.

STATUTE OF ANNE

The enactment of Anne, which took effect on April 10th, 1710, was the first codified law in
actuality. This was the first formal legal description of true brand. For the first time, Queen Anne's
enactment gave authors the statutory right to benefit from their erudite workshop by granting them
the sole right to publish their workshop for a limited period of twenty- one times for workshop
published before the date of enactment, i.e. those workshop that hadn't been transferred to the
Stationer's Council, for workshop published before the date of enactment, i.e. those workshop that
hadn't been transferred to the Stationer's Council. The workshop that were published after Anne's
Act was legislated were given a fourteen- time period of protection. Prior to the Statute of Anne,
the common law of England honored a perpetual right of property in the author’s “dupe” in the
handwriting. The Anne's Statute sought to separate the privileged suppression from free
expression, therefore easing an equilibrium between the rights of authors and the rights of the
public to have access to print material, and was designed to destroy the bookmaker's monopoly of
the book trade and help its rush." According to one interpretation, "the enactment of Anne signaled
the end of authoritarianism in English Brand and produced a set of popular ideals acknowledgment
of the author as a creator." Because prior to the enactment of the enactment, common law handed
that the sole right of printing and publishing shall continue ad infinitum, the ultimate devisee and
the fountainhead of protection and a guarantee of legal protection against unauthorized use for
limited times, without any rudiments of previous restraint of suppression by government or its
agents. The Anne Statute was a small enactment with only 11 corridor. One, to encourage literacy,
and two, to enjoin anybody other than the author from printing or reissuing the book/ erudite work
for a period of 21 times in retroactive operation. The Act handed a temporary reprieve for authors
by icing that they were paid what they were owed. The Act aimed to promote literacy, knowledge
dispersion, and artistic preservation, as substantiated by the fact that the title of the book had to be

pg. 16
registered with the Stationer's Register, and nine clones of the book had to be deposited in libraries
of the listed universities, with an express prohibition that similar universities would not have the
right to publish the books that had been deposited, and the books were only meant for availability
and advancement. The 8 enactment had another positive angle as regards the economics of
publishing involved in that it named the same in favor of the citizen and any person might now file
a complaint against the bookmaker or printer if they charged a price that they considered inordinate
and unreasonable. In order for such a complaint to be effectuated and retaliated some of the loftiest
species of the nobility, church, Vice-chancellors of University and the Judiciary were authorized
and empowered to circumscribe and fix the price of every similar published book in their separate
governance, grounded on the stylish of their judgments or judgments as the case may be, with the
plaintiff's costs will be met by the defaulting bookmaker or publisher. Likewise, the defaulting
party was needed to publish the settled quantum in the Gazette, and farther penalties were assessed
for repeating the offence once the price was fixed and the defaulting party was brought to justice.
The authors didn't gain monopolistic status as a result of this Act; rather, they were granted the
right to admit their legal pretenses. Still, an extension of the protection period to the author's
continuance was still needed, and took place latterly. The Brand Acts of 1814 and 1842,
independently, raised the period of protections from fourteenth to twenty- eight and forty- two
times. Therefore, the phase after 1710 where books over which brand had been secured were
beginning to lapse, witnessed the real pressures in codified brand law, as to whether there was a
common law brand, independent of the enactment. The bookmakers tried their stylish to claim
their brand after expiration of 21 times in thepre-1710 workshop. The lower courts supported them
in this perspective for further than half a century, in what came known as the" Battle of the
Bookmakers," by granting injunctions after the statutory limit had expired. Grounded on Lockean
proposition that ‘every man has a natural right of property to the fruits of his labor ’, the Stationers,
claimed their perpetual right to publish and vend clones that were bought from authors who had
their workshop vended. The Stationer triumphed in the case of Millarv. Taylor, as their perpetual
protection of common rights was saved. Still, Millar's finding that no endless brand was under
brand law didn't stand the test of time, and the House of Lords reversed Millar's judgement five
times latterly. The infamous House of Lords decision in the case of Donaldson v. Beckett4 created
this concept of balancing the author's or publishers exclusive ownership in the work. The Queen

4
1774

pg. 17
Anne's Statute was the first statute to create brand law in its genuine sense, providing pens with
protection for their creative craft. It set out to cover the monopoly of publishers who indulged in
unfair enrichment of their coffers under the presence of legality at the expense of similar 'men of
letters.' The bill was a watershed point in brand legislation history.

INDIAN CR LAW

The Copyright Act, 1957 (as amended in 1999), the Rules made thereunder, and the International
Copyright Order, 1999 controlled copyright in India. This Act has been amended five times, most
recently in 2012, and before in 1983, 1984, 1992, and 1999. The Act is divided into 15 chapters
with a total of 79 provisions. Similarly, the Central Government has the ability under section 78
to make regulations for carrying out the purposes of this Act by notifying them in the Official
Gazette. Under the Act, a brand office was established, with a register of brands functioning under
the supervision and control of the central government. The main responsibility of this office was
to manage a brand registry, which comprised information such as workshop names or titles, author
names and addresses, and so forth. The registry had certain authorities, such as hailing and deciding
on activities for required licensing, as well as investigating complaints of infringing clones being
imported. The Act established a Copyright Board, and the procedures before it are expected to be
judicial. The exclusive right to communicate workshop by radio prolixity was included in the brand
description; the cinematograph was given its own brand; the term of brand protection was extended
from 23 to 50 times, and again in 1992, to 60 times; and the term of brand protection for different
orders of work was also specified. The right to repeat a work has been extended to include other
brand rights. Vittles related to power of brand and license assignment include mandatory license
in some cases, right to broadcast associations, transnational brand, description of violation of
brand; exceptions to the author's exclusive rights or conduct that don't constitute violation, special
author rights, civil and felonious remedies for violation, and remedies for foundationless violation
pitfalls or legal proceedings were also introduced. Berne Convention and Universal Copyright
Convention India is a member of the below conventions. The International Copyright Order, 1958,
was approved by the Indian government. According to this Order, any book originally published
in any nation that is a member of any of the following conventions has the same status as if it was
first published in India. Subject Matter Defended currently, the problem of trademark protection

pg. 18
is the same all over the world since brands have taken on a transnational dimension, and owing to
technological improvements, anybody from anywhere in the world can infringe on the rights of
others. Numerous effects are protected under various sub-sections of Section 2 of the Copyright
Act of 1957, as well as court interpretations from time to time. Assuming all the groups and
categorizations of the workshop as handed down under different sub-sections of Section 2 of the
Copyright Act, 1957, and taking reference from the judicial views of various High Courts and the
Supreme Court of India, the following heads of copyrighted and related workshop will enjoy brand
protection under the current up-to-date amended legislation as literary, literacy, dramatic work,
sound creation of original work cinema, films, computer programs, etc.

A live presentation of a drama concocted in a storehouse, akin to a compact fragment, and so on.
The Madras High Court ruled in Blackwood vs Parasuraman5 that "restatement of erudite work is
itself erudite work and is entitled to brand protection; reduplication of publishing of restatement
without concurrence or licensee of proprietor of brand in the original would be a breach."

IMPORTANCE OF COPYRIGHT LAW

The significance of CR is a fundamental piece of the present ultramodern world. Brand assists
with securing the worth of a creator's workshop by giving the author of the work the guarantee to
cover their workshop from any unwise use. This assists the creator with keeping their data from
being copied to a certain extent where they cannot vend it or get any credit from it. Brand is a
system for advancing. It assists to promote wisdom and precious expressions. It encourage
individualities to suppose of original, unique, creative and innovative studies, which assists
individualities with serving financially. It requires some investment, energy, and means to contrive
new invention and creative ideas that are completely unique in relation to other people. Brand law
assists with securing the" sequestration" of the workshop so just the licit owner has the honor to
vend or allow others to copy its unique work and get credit from it. For case, a pen has invested
time and energy to deliver a book loaded up with his ideas and contemplations. It'll be a loss if
someone recreates an analogous work and vend it at a negligible portion of the cost. Brand law
gives the creator the commitment to be the sole proprietor of their workshop and choose how to

5
AIR 1959 Mad 410

pg. 19
vend and get the acknowledgment for them. Brand law disallows anyone to duplicate other unique
workshop, either written or drawn. In reality as we know it where invention is so best in class and
technology is advanced, it's essential to have commodity that will make the makers push ahead
with their studies and instantiations without being at the threat of their workshop getting copied or
robbery of their original contain.

CR law gives them the license to permit their workshop and get them publicized permitting them
to acquire acknowledgment and likewise securing their business. It's legal assurance given to the
first creator of the material. Brand law trials to balance the interests of brand possessors, stoner
and proprietor. A brand proprietor has a choice to prohibit druggies from exercising a work or a
particular strategy without the owner's concurrence. The customer can’t use the first work without
the owner's concurrence. Brand law assists with icing that the original idea and creation ought not
to be taken. The copyright owner have all the authority and right to control the rotation in his
workshop. Owner has an option to settle on the creation and variation of his workshop, and
likewise choose the public show of the donation of his workshop.

DIGTAL TEC. BACKGROUND

Technology advancements have had a persistent influence on the operation of copyright laws,
broadening their scope and subject matter. Although digital technology has supplied copyright
holders with higher-quality digital copies and enhanced their capacity to duplicate and distribute
works, it has also compromised to enforce cyberspace rights. Incredible speed and accuracy with
which modern technologies enable the sharing and replication of digital material with minimal loss
of quality is noteworthy. However, digitalization has enabled the altering, information quite
simple, posing a significant danger to copyrighted works. Everything is available at the touch of a
button in cyberspace, making it easier to not only retrieve information, but also to store it and
distribute it precisely and at a cheap cost, increasing the unlawfully using CR.

Advantage of digital tec.

pg. 20
Earlier access to digital material - The omnipresent allows customers who require such productions
for their advantage to have simple fast access for internet.

Ease of Storage - When compared to traditional media, the digital medium provides a superior and
dense means of storing protected material. The complete collection may be stored on CDs, pen
drives, or hard discs.

Easy Reproduction - The digitization of copyrighted information makes reproducing them a

breeze. Because of the tremendous improvement in associated tech.

Time Saving – when we get everything in one second then it should be saved. The transmission of
copyrighted contents has become a time-saving chore for both the creators and the consumers of
such work thanks to digital technology. It make their works available on-time finding an acceptable
market for them. Furthermore, customers save time by not having to go to several locations to hunt
for information that is now available with a single click thanks to digitalization.

Cheap, time saving – this digital tec. are proven incredibly thrifty for both authors and consumers
of copyrighted information. The omnipresence of the internet, as well as reduced investment on
reproduction setups and search prices, minimize the economic cost of copyrighted material
dissemination and consumption through digital media.

INTERNATIONAL TRETIES AND CONVENTIONS

1) The Bern convention - The Berne Con. was signed in Berne (Switzerland) in 1886 and
focus on literary and artistic work more, and it was the first step toward copyright
protection. The Convention strives to defend authors' rights as well as literary and creative
creations. The International Court of Justice at Hague was formed to handle disputes
among member states, although the Treaty allowed nations to proclaim their exemption
from its jurisdiction. The Berne Convention, which was initially ratified in 1886, is an
international agreement that governs copyright. It established numerous parts of
contemporary copyright law, and idea of a copyright started and exist the next sec any work
is “fixed” rather than registration requirements. And makes it mandatory for governments
to recognize copyrights held by nationals of other convention parties.

pg. 21
 2) The universal copyright convention- as we know the convention, which got signed in 1952
to resolve and provide for the adequate and effective protection of authors' and other
copyright owners' rights in literary, scientific, and artistic works, including writings,
musical, dramatic, and cinematographic works, as well as paintings, engravings, and
sculpture. The copyright protection period was intended to last for the author's lifetime and
25 years after his death. The Convention further stated that it has no bearing on the
requirements of the Berne Convention.

3) Trade related aspect of IP rights - Trade related aspect of Intellectual Property rights is
basically an international agreement between all of the World Trade Organization's
member countries (WTO). It establishes minimal requirements for national governments
to regulate numerous types of intellectual property (IP) as they apply to nationals of other
WTO member countries. It was the first multilateral agreement on intellectual property to
be included in the multilateral trade system, and it remains the most comprehensive
multilateral agreement on intellectual property to date. TRIPs is the most important and
comprehensive international treaty on intellectual property rights. The World Trade
Organization oversaw the 1994 Uruguay Round of the General Agreement on Tariffs and
Trade ("GATT"), which developed TRIPs. TRIPs most notable aspects include the first
time in a global intellectual property agreement that intellectual property rights are linked
to commerce, and the requirement that member nations develop and enforce minimum
criteria for preserving intellectual property rights. In enunciating intellectual property
rights, the TRIPS Agreement incorporates sections of the Berne, Rome, and Paris
Conventions. It states that copyright protection only applies to phrases, not ideas,
techniques, methods of operation, or mathematical concepts in general. Article 9 requests
that member nations adhere to the Berne Convention's Articles 1–21, with the exception of
Article 6, which states that "members shall not have rights or duties under TRIPs
Agreement." Article 10 discusses the copyright protection of computer programmes and
data compilations as literary works.
4) Rome convention

pg. 22
 The Rome Convention, which took place in 1961, broadens the scope of the Berne
Convention by protecting the rights of performers, sound recording producers,
broadcasters, and others, as well as literary, artistic, and cinematographic works. The
World Intellectual Property Organization, in collaboration with the International Labour
Organization (ILO) and the United Nations Educational, Scientific, and Cultural
Organization, is currently responsible for the convention's administration (UNESCO).

5) The WIPO Copyright treaties of WTC

The World Intellectual Property Organization (WIPO) is a UN organisation with 193
member nations that is self-funded. It's a global gathering place for intellectual property
services, policy, knowledge, and collaboration. WIPO's operations are divided into four
categories: registration, intergovernmental cooperation in intellectual property rights
administration, specialised programme activities, and, most recently, dispute resolution
facilities. Member nations decided in 1996 that a convention was needed to cope with
copyright protection as new technologies evolved. In 1996, member nations of the World
Intellectual Property Organization (WIPO) approved an international convention on
copyright law. It strengthened copyright rights in response to improvements in information
technology. The WCT underlined the necessity of copyright protection as an incentive for
creative pursuits. In addition to the rights recognised by the Berne Convention of 1885,
three economic rights were granted: 'right to distribution,' 'right to renting,' and 'right to
public communication.' It ensures that any work created in the digital realm will be
protected for at least 50 years. It also ensured that computer programmes are protected in
the same way that literary works are protected.

6) The WIPO treaty, 1996

In the digital world, there are two types of beneficiaries: performers, such as actors, singers,
and musicians, and phonogram manufacturers. It also establishes the performers' economic
rights of distribution, rental, and public communication, as well as the producers' economic
rights of replication, distribution, rental, and making available. For at least 50 years, the
pact guarantees protection to phonogram performers and producers. The treaties also
require member nations to offer two types of technical adjuncts to the rights, allowing

pg. 23
 copyright owners to safeguard their rights and have works licensed through the effective
use of technology. The first, known as the "anti-circumvention" provision, addresses the
problem of "hacking" by requiring countries to provide adequate legal protection and
effective remedies against the circumvention of technological measures (such as
encryption) used by right holders to protect their rights, while the second type of
technological adjuncts protects the online marketplace's reliability and integrity by
requiring countries to prohibit the deliberate alteration or delusion of the online
marketplace. The WIPO treaties are the most current international accords for copyright
protection, especially in the digital world. The terms of these treaties have been
implemented into the legislation of many nations in order to cope with new technical
difficulties in the digital world and to protect the rights of copyright holders.

7) WPPT
The WPPT which is WIPO performances and phonograms treaty, is an international treaty
that was established in 1996 by member nations of the World Intellectual Property
Organization. It was passed in order to promote and preserve the most effective and
standard protection of the rights of performers and producers of phonograms.

8) The Indian Copyright

In India, copyright is protected by the Copyright Act, 1957, which has been amended
numerous times since then to reflect evolving societal demands and to assure the protection
of authors' works. The Amendment Act of 1994 was enacted in reaction to technical
advancements in communication methods such as broadcasting and telecasting, as well as
the introduction of new technologies such as computer software. The 1999 change was
made in order to bring the Act into compliance with the copyright standards outlined in the
TRIPs agreement. The fundamental goal of this Act is to safeguard the works of artists and
copyright owners from unauthorised and unlawful use. The amendment of 2012 brought
significant new modifications into effect, bringing the Indian copyright law in line with the
WIPO conventions of 1996. The Copyright Amendment Act of 2012 not only conforms to
the WIPO Copyright Treaty and the WIPO Performance and Phonograms Treaty, but also
expands its provisions to address the challenges to copyright protection in the digital era.

pg. 24
 The updated law, in addition to implementing technical protection measures, guarantees
that fair use is preserved in the digital era by including unique fair use rules. Many author-
friendly adjustments, specific provisions for the disabled, amendments allowing access to
works, and other changes to improve copyright management were included in the
amendments. The creator of the work has unique rights under Section 57 of the Act. First,
the right to claim ownership, and second, the right to prevent or sue for damages in the
event of any distortion, mutilation, alteration, or other act in connection to the work that
would be detrimental to his honour or reputation ("Right Against Distortion"). Moral rights
are another name for these rights. Another feature added by the 2012 Amendment is that
these moral rights can now be asserted by the author's legal representatives, who were
previously excluded. The Copyright Act, Section 52, was enacted in accordance with WCT
Article 10 on restrictions and exceptions. Fair dealing with a literary, dramatic, musical, or
artistic work (not including a computer programme) for the purpose of private and personal
use, including research, criticism, or review, the making of copies or adaptations of a
computer programme by the lawful possessor of such copy in order to (1) use the computer
programme for the purposes for which it was supplied; or (2) make back-up copies of the
computer programme for the purposes for which it was issued; or (2) make backup copies
solely as a precaution against loss, destruction, or damage, with the intention of only using
the computer programme for the purposes for which it was supplied.

THE TENSION BETWEEN COPYRIGHT AND TECHNOLOGY

In early time historically, there was quarrel between the right owner of the CR and the tec.
Changes. From the printing machine and to the internet as the new tec. has facilitated the
distribution of CR works and hence the CR holder need more protecting for their work as it has
become more fear of losing the work ownership that means anyone can use your work without any
prior permission. As the emerging of new tec. has bring more challenges and had also impacted
the copyright protection.

pg. 25
Giving the owners of the CR an absolute monopoly for reproducing and distribution for their work
then the public will have to pay higher price for using their original work. And for the infringement
of the CR is an absolute conduct of illegitimate use of tec. itself. Here are some ideas that can be
implemented to secure a broader range of copyright protection:

- Due to the ease with which works may be transmitted across borders without the
authorization of the owner thanks to the internet, a procedural system for international
litigation will aid in the execution of previously existing substantive laws. Data
infringement and piracy might be reduced with an online licencing scheme.
- In situations of online copyright infringement, more clarification on the jurisdiction is
needed. In such circumstances, the laws are vague as to what will determine jurisdiction.
- In order to decrease inadvertent infringements, ordinary users should be educated on
copyright protection and infringement.
- The methods and rules for CR infringement in different be standardised in order to produce
consistent legislation digital concerns.

The Era of Digital Media

Digital technology has transformed copyright concerns, resulting in significant changes in how
any piece of authorship might be safeguarded. The freedom given by digital media in terms of
storing, disseminating, and reproducing has shifted the evolution of copyright law dramatically.
The encoding of code in a computer creates a foundation for flawless replication with no loss of
quality for successive copies. Owners of copyrighted works are currently having a tough time
regulating and monitoring their work. This has become a time-consuming and costly process.
Because of the digital revolution, certain old forms, such as typewriters, have become superfluous
or outdated. Computers, via word processing applications and formats such as CDs, MP3s, and
DVDs, as well as printers and copying facilities, have brought analogue storage media to a halt.
The advent of the compact disc format into the market, which replaced vinyl and magnetic tape,
has greatly enhanced the flow of digital material.

Though the CD did not have recording capabilities at first, later improvements in CD recording
have shifted the customer away from the old analogue technique. With the introduction of DVDs
towards the end of the 1990s, the quality and longevity of CDs were substantially enhanced. Both

pg. 26
the sound recording and cinematograph film industries have been influenced by these
advancements.

High-resolution works, greater search ability, and compressed formats that can be downloaded and
watched on computers or laptops are all examples of improvements. The publishing world has not
been forgotten. Today, publishers make e-books available in soft copy, which may be downloaded
for the cost of the book. "Advances in microprocessor speed, memory storage, data compression
achievement of high sampling rates in capturing digital content development of improved
technologies for perceiving (listening to and viewing) digital content essentially flawless,
inexpensive, and rapid reproduction capabilities," according to Peter Menell Convergence of
distribution platforms and developing digital.

Computer Software & First Sale Doctrine

It is easy to state that case books, the publisher may keep complete copyright ownership over the
literary work that it publishes, but only to the degree that it sells high-quality bound volumes,
paperbacks, and CD-ROMs. Similarly, literary works in the nature of computer programmes, such
as diskettes, CD-ROMs, and other storage media, may be considered. As a result, once the software
publisher sells the work in question, he loses the distribution rights to all of those works. However,
in the software industry, the first sale philosophy has created several issues. The author's work was
communicated to the public through Analog Media, but they may still have some physical
manifestation over it, for example books, discs paintings etc. However, in the internet age, the
author's control over such material has become impossible. The question of whether the first sale
theory will apply in the digital age may emerge. In this sense, there are four issues that may help
us comprehend the first sale theory as it applies to computer software in online media. The
following are some of them: was the copy legally permission as, was that copy transferred with
the permission of the CR representative, is defendant rightful own the original, and if so, did the
defendant merely disseminate that particular copy as a result? He goes on to offer an illustration
of how this concept would affect and impact the status of the computer program's owner. Three
instances are provided, as follows:

pg. 27
 - If 'A' paid Rs. 300 to download a movie from a computer and then sold it to 'B' for Rs. 100
after seeing and utilising it. When the sale was completed, 'A' sent the file containing the
video to 'B,' and 'A' removed the file from his or her own computer.
- In the second scenario, 'C' purchases an official DVD of a film for Rs. 300/- and then sells
it to 'D' for Rs. 100/- after a few months. The question is whether the law treats the two
transactions the same and so attracts the first sale concept, or if the acts of A and C are
treated differently.
- 'P' keeps a duplicate of his favourite copyrighted work (it may be a musical CD, a movie,
a novel, or something else) in RAM, gives it to 'R,' who uploads it to 'S,' and 'S' transfers it
to 'T's hard drive. The copyright owners may argue that copies of the work have been
conveyed in these situations, which extends to the basic premise that it is fixed in computer
medium. As a result, each transfer of the copy from 'P' to 'T' is an infringement of the
copies.

As Supreme Court of the US found LexisNexis accountable in NYK time co vs. Tasini6 for
infringing on writers' right of distribution when they conveyed their pieces to the public who
actually accessed the web site. As a result, by distributing copied article which are copied its
database, it infringed on the CR owners’ rights of distribution by selling the articles copies.

The first sale concept will apply only when an original work has been transferred, according to
Microsoft Corp v Software Wholesale Club Inc7, and will not apply to a work that is alleged to be
counterfeit since the first question is not in his favor, which will amount to infringement of the
copyright.

The court had to assess a matter of infringement in Microsoft Corp v Harmony Computer &
Electronics Inc8, where some of the computer programme was counterfeit. The court determined
that infringement had happened to that amount defendant’s defense first sale ineffective.
Authority’s rationale was based on a version of Section 109 (a) of the USCA that was declared
non-applicable to licenses since Microsoft always licenses rather than sells its products. However,

6
121 S. Ct. 2381,2390(2001)

pg. 28
it might be claimed that because Microsoft distributed the programme through license and was
under its power or control, the first sale concept applies, and it’s problematic. Court had to assess
a matter of infringement in Microsoft Corp v Harmony Computer & Electronics Inc, where some
of the computer programme was counterfeit. The court determined that infringement had happened
to that amount, and defense first sale as ineffective. Hence court rationale was based on a version
of Section 109 (a) of the USCA that was declared non-applicable to licenses since Microsoft
always licenses rather than sells its products. However, it might be claimed that because Microsoft
distributed the program through license and was under its power or control, the first sale concept
applies, and hence the court's ruling in this case is problematic.

Adobe had agreed to distribute copies of its software for educational purposes in the case of adobe
system vs the one stio micro Inc9. One Stop purchased the copies and removed the tags indicating
educational use before shrinking the wrap around the boxes. It was obvious that it was the rightful
owner of the copies. The third issue, whether the defendant is the legitimate owner of that copy,
was answered affirmatively. It's analogous to when someone buys a book or a record and then
removes all of the covers, stickers, and cellophane to utilize as an asset.

Similarly, they can re-shrink cellophane and resell the product if they wish to get rid of it. In this
scenario, one stop had done the same thing and subsequently distributed the product, thus the
fourth question had to be answered in one stop's favor. Instead of copying the work, they dispersed
it, necessitating the defense of the first sale theory. In rare instances, courts have employed the
Uniform Commercial Code in conjunction with a computer software to identify who owns
diskettes or other media.

LICENSE UNDER COPYRIGHT LAW

The license is basically a transfer of interest in company/brand. The license give the right to use
any brand which is transferred to any another person with any kind of restrictions or bonded for
some reasons. The license have the power to offer any authorization to use brand of a being
used/worked or the brand of an unborn work that has not yet been created. A designee can use a
copyrighted work without the proprietor of the brand bringing a violation or unlawful use claim

pg. 29
against them. Licensing of brand is dealt under Chapter VI i.e., sections 30 – 32B of the Copyright
Act 1957. ” A license is an exchange of brand interest. In a permit, the option to use a brand is
given to another existent for certain limitations. The license can concede the option to brand a
work that's formerly in actuality or has yet to come into actuality. A designee, an existent who has
been conceded the legal right to use brand defended work, can use the defended work with coming
to no mischief of being wormed or unauthorized use being brought by the brand owner. The license
has two important types as the voluntary and the compulsory license.

Section 30 of the Indian Copyright Act defines voluntary licensing as follows: on the one hand,
the proprietor of the brand in any existing work or the prospective proprietor of the brand in any
unborn work may grant any interest in the right by license in writing inked by him or by a properly
authorized agent; on the other hand, the proprietor of the brand in any existing work or the
prospective proprietor of the brand in any unborn work may grant any interest in the right by
license in writing inked by him or by a properly authorized agent A "mandatory license" is a license
that is required by law.

The Indian Copyright Act, Section 31. It is a statutory license that grants the exclusive right to do
an act without the prior consent of the brand's proprietor. Section 31 mandates the licensing of
copyrighted work that has been withheld from the public.

A obligatory license, on the other hand, is vital to brand law. A mandatory license is important
because it permits the original possessor's workshop to be utilized in a certified interpretation that
isn't available to the general public. It is also necessary since compelled licensing can be given in
the case of an unpublished workshop when the author dies before the work is released and the
work is put in the public domain by required licensing. Unpublished content includes writers who
are unknown, dead, or unable to be traced; as a result, anybody can contact the board and request
permission to publish the work.

pg. 30
WHAT IS DIGITAL COPYRIGHT LAW?

 Brand, Designs and Patents Act 1988 doesn't contain any word related to “internet ’’ or
“digital’’ The Indian Copyright Act, 1957, governs the protection of computer software in
India. Unfortunately, there's no provision to check for software pirating on the Internet. A
description of" digital work" or" internet" is also missing from the 2012 amending Act.
The legal challenges have arisen as a result of the void in the enactments. A" digital
product," on the other hand, will be a pack of imprints established by an author with an
identity in agreement with brand law norms. The conduct for which Brand is accessible are
mentioned under the copyright act. Thus, author of any erudite, dramatic, cultural, or
musical work will be honored under the provision of the Act. All conditions applicable to
possessors of acts for which section 14 of the Copyright Act of 1957 applies shall apply to
possessors of a" digital product" that's a pack of Imprints. Thus, any violation of similar’
digital work’ or any work on the ‘internet’ shall be supposed as infringed. Brand violation
on the internet has come decreasingly common in recent times. As preliminarily noted, the
Internet poses the topmost peril to Brand holders owing of its parcels. The particular aspect
of online violation is that determining whether any work is dupe' of defended work or a
violation of authentic one is delicate. Violation is not generally done on purpose. It's also
possible that it's due to' ignorance.' The violation of brand in Cyberspace

FRAMING

The process of allowing one website to integrate the contents of another independent website into
its own frame, giving the framing point the illusion of being the original website, is known as
framing. Each frame in architecture functions independently in the sense that the information
downloaded into it remains within the frame and does not cross over into another frame. The actual
frame. As a consequence, the stoner stays on the framing website and reads the content, unaware
that it is from another framed page. The case of Washington Post Company v. Total News Inc10.
is an example of framing. The defendant in this case built a website that compiled over 1200 news

10
No. 97 Civ. 1190 (PKL) (S.D.N.Y., filed Feb. 20, 1997)

pg. 31
sources. As in the complainant's section of news was going on defendant's website's left side, while
the URLTotalnews.com was on the top. The complainant's website displayed when the news link
was clicked. As a result, the complainant claimed brand violation on the internet. Still, once the
defendant promised to halt architecture conditioning, the parties struck an out- of- court agreement.

LINKING

The process of connecting a stoner from one location to another is referred as "linking." The stoner
gains access to a website through the original webpage. It is not essential to enter the Universal
Resource Locator (URL) separately. Linking for exploring reasons simplifies the stoner's life.
Unfortunately, it gives rise to a number of legitimate businesses. Different types of connecting
include face linking, deep linking, and in-line linking. Through face linking, the formed point
provides a connection to the homepage of another point. The forming point in deep linking
connects to the 'inner runners' of another point, which the stoner may reach without having to travel
to the connected website's homepage. As a result, the two connecting types have a major
difference. The former scenario will not result in a Brand infringement because it only discloses
the position of the connected point, however the latter will result in a Brand violation because the
accoutrements included are being disclosed. In Shetland Times Ltd v Dr Jonathan Wills and Zet
News Ltd.11, the defendant created hyperlinks on his argument that, when specified, lead the stoner
to the relevant Shetland Times piece. The connection had gone around the home runner. The Court
correctly granted an interim order to protect Brand. Lord Hamilton had seen that the major portions
of the complainants' website could only be accessed by navigating to the complainants' homepage.
Deep linking was used in this instance. In Ticket Master Corporation vs. Microsoft Corporation12,
the defendant granted particular hyperlinks to certain runners in the Plaintiff's case. The
complainant's website's programmes, service information, and announcements were bypassed due
to comparable linkages, egging the form of an action. Microsoft sold the entertainment component
of its website to Ticket Master in an out-of-court settlement. The Courts' judgments on the handling
of deep linking were not friendly. There were court disagreements in this regard. In Ticket Master
Corp. vs. Ticket.com.Inc.13 The court ruled that deep linking in general is not prohibited. The

11
1997 F.S.R. (Ct. Sess. O.H.), 24 October 1996
12
No. 97-3055 DDP
13
Ticketmaster Corp. v. Tickets.com, Inc., Case No. CV 99-7654 HLH (BQRx) (C.D. Cal. Mar. 27, 2000)

pg. 32
plaintiff and defendants in this case were well-known ticket competitors. Both firms have their
own websites where they sell tickets to visitors. When the defendant was unable to sell some
tickets, it set up a link on its website that drove drug addicts to the complainant's inner runners,
where they could purchase tickets. According to the letter, following the link would take the client
to another company's website, where they could purchase tickets. The Court was convinced that
the defendants intended to confuse or mislead the public, and hence ruled that the act was not
illegal. Another type of connection is in-filling. In general, the topic of in- filler is an image. The
picture is inserted via an inline link in the webpage that the stoner is seeing from another faraway
website. Kelly vs. Arriba Soft Corp14. is a well-known case in the field of in-filling. In this case,
the complainant was a shooter. The defendant was the owner and operator of a visual search
machine. The photos of the complainant were incorporated in the defendant's database without his
permission. The photographs were also reduced to thumbnails, which were not expandable on the
same page. The connection allowed any stoner of the defendant's point to pierce the photographs
for free. The defendant was prosecuted for trademark infringement, and it was stated that he would
be unable to avoid conviction. The defendant's case was that his conduct had no economic value,
that he did not sell or subsidies the print, and that the website was a visual search machine. The
goal of the visual search machine was to provide a summary signal. The court upheld the "Fair
Use" doctrine and ruled in their favor. In numerous cases, the courts have ruled that changing a
brand work for a completely new use is not an infringement.

What is CACHING?

A cache is basically a temporary storage facility. Computer caches include slice cache and cache
memory. As a result, concealing is the act of transferring material from one source to another. For
a brief period, the stoner would have access to such items. Caching can be accomplished in three
ways. The first method is to duplicate the material seen on the computer screen when browsing
the internet. Second, the document being displayed is copied and preserved, together with the

14
280 F.3d 934 (9th Cir. 2002) withdrawn, re-filed at 336 F.3d 811 (9th Cir. 2003)

pg. 33
papers previously viewed by the stoner. Third, rather of being saved on a specific computer, the
documents are saved on an ISP (Internet Service Provider) or a website.

Right of Public Display by Advertisement/ uploading

When a work is published on the Internet, it is almost completely accessible. As a result, when
Brand material is published on the internet without license, it is considered a violation.
Nonetheless, the courts have not provided a black-and-white rule for making such a conclusion,
instead providing a variety of responses based on the facts of each case. The defendant in Playboy
Enterprises Inc v Frena15 constructed a BBS (Bulletin Board Service). The BBS contains infringing
accessories. The complainant files a lawsuit against the defendant, alleging a violation. The
defendant said that he was unaware of any infringement. Nonetheless, the defendant was plant
shamefaced by the US District Court. The Court said explicitly in the instance of Playboy
Enterprises Inc. vs. Web World Inc. that vicarious brand violation arises when the defendant has
a direct economic interest in the infringing activity. Still, the courts chose a different approach in
Religious Tech Ctr vs. Netcom Online Communication Service Pvt. ltd.16. It was ruled that because
a BBS had no role in information control and just acted as a conduit for information, it was not
liable for displaying Copyrighted workshop.

ARCHIVING

There are cases of linking and framing accouterments are hyperlinked/ framed by some different
website creating a connection between the two on internet. In a cases listed over, the accoutrements
aren't saved or downloaded. Archiving, on the other hand, requires carrying and storing content
from another website before incorporating it. Indeed if a hyperlink exists, it must direct the stoner
to another portion of the same point where the information from another point is housed. It's
possible that archiving without the authorization of the Brand proprietor constitutes violation.

WHAT IS DATABASE?

15
No. 93-489-Civ-J-20.”
16
No. Civ. 3-96-CV-3222-H.

pg. 34
A database is a collection of methods for arranging data in order to make information retrieval
simple and effective. It usually takes the form of an electronic document. A database is separate
from a database system, which is a piece of software or a programming language that administers
the database. When reviewing what's safeguarded in a database, it's crucial to maintain this
distinction in mind. A computer database is an organized representation of information,
knowledge, facts, generalities, or instructions created by a computer, computer system, or
computer network in the form of a textbook, picture, audio, or movie.

THE DATABASE AND COPYRIGHT

The phrase database refers to a collection of facts, data, or other stuff that has been arranged in a
systematic or logical fashion (i.e., a collection of data). In other words, the compiler has created
an order. In general, the data cannot be argued, but the arrangement and association may if the
author demonstrates a certain level of originality. When discussing databases, it's vital to
distinguish between creative and non-creative databases since the law treats them differently.'
According to Lord Atkinson, "it is critical that work, gift, and talent be used sufficiently to give to
the output some quality or character that the raw material does not retain and that separates the
outcome from the substance." As previously stated, a database is a collection of data, factory,
information, or other independent material organized in a regular or regular manner according to
some introductory principle of florilegium; databases, particularly if they are albums of non-
original factory, should be given brand protection because they are the result of the author's skill
and labor in creating the work. For example, a database of documents on 'Indian Intellectual
Property Laws' should be given trademark since it is the outcome of the database's creator's effort,
skill, and ingenuity, as well as judgement, in concluding and arranging the materials. As a result,
numerous countries have seen databases as erudite factories, given databases trademark protection,
ensuring their authenticity. Database has been protected by several Brand Laws under erudite
factory. Databases have been viewed as an erudite factory in India. Section 2(o) of the Copyright
Act of 1957 states that "'erudite work' includes computer programmes, tables, and florilegium,
including computer databases." Telstra Corporation Ltd v Desktop Marketing Systems Pty Ltd17,
a recent Federal Court ruling, emphasized that in Australia, just a minimal level of creativity and

17
[2002] FCAFC 112

pg. 35
originality is required for protection. Under the Copyright Act, data bases can be defended as
erudite factories. A erudite work is defined as "a table, or florilegium, represented in words,
figures, or symbols" for the purposes of the Copyright Act. Telstra's White and Yellow Runners,
as well as other unpublished Telstra captioned books, were the intellectual product in question in
this action.

The term database refers to a collection of workshop, data, or other accoutrements (i.e., a collection
of data) that has been organized in a methodical or logical manner. To put it another way, the
compiler has erected up an order. In principle, the data themselves can’t be defended but the order
and association can, if they show a certain position of creativity on the part of the author. When
talking about databases, it's important to distinguish between creative and non-creative databases
since they are treated else by the law.' It's vital that labor, gift, and plutocrat be wielded sufficiently
to give to the product some quality or character which the raw material doesn't retain and which
differentiates the result from the material,' according to Lord Atkinson. As preliminarily stated, a
database is a collection of data, workshop, information, or other independent material organized
in a methodical or regular manner following some introductory principle of compendium;
databases, indeed if they're compendiums of non-original workshop, should be given brand
protection because they're the result of the author's skill and labor in creating the work. For
illustration, a database of papers on' Indian Intellectual Property Laws' should be granted brand
since it's a work that's the result of the inventor of the database's labor, skill, and plutocrat, as well
as judgement, in opting and arranging the papers. As a result, several governments have considered
databases as erudite workshop, granting brand protection to databases, they're authentic Database
has been given protection under different Brand Laws under erudite workshop. In India, databases
have been treated as erudite workshop. According to Section 2 (o) of the Copyright Act, 1957 "'
erudite work' includes computer programs, tables and compendium including computer
databases." A recent decision of the Federal Court, Telstra Corporation Ltd v Desktop Marketing
Systems Pty Ltd, has clarified that in Australia only a low position of creativity and originality is
needed for protection. Data bases can be defended as erudite workshop under the Copyright Act.
For the purposes of the Copyright Act a erudite work includes" a table, or compendium, expressed
in words, numbers or symbols". The erudite workshop in question in this action were Telstra's
White and Yellow Runners, as well as other unreleased Telstra headlines novels.

pg. 36
CR PROTECTION OF COMPUTER SOFTWARE/ PROGRAM

There's a digital peak between advanced and underdeveloped countries, as others have refocused
out. Computer technologies are a must-have in the knowledge- grounded global frugality for
penetrating and exploiting information, speeding technology transfer, and perfecting productivity
development. At the same time, computer software products are maybe the most heavily defended
of all forms of knowledge- grounded products. Under the Passages Agreement, computer programs
now qualify for brand protection just as any other erudite work, as well as for other forms of IP
protection, including by patents in some nations, similar as the US. Of course, developing nations
have a wide range of software conditions in their enterprises, hospitals, seminaries, and
government services. But, more frequently than not, they bear low- cost access to out- the- shelf
marketable software similar as word processing, spreadsheet,e-mail, and Internet cybersurfer
operations. The global request for these goods is dominated by companies in Europe and North
America, with Microsoft as the leading party. The off- the- shelf, packaged computer programmer
business is substantially missing in arising nations' software diligence, including India. In the
computer software assiduity, brand is especially important to the off- the- shelf marketable
operations sector. These goods, unlike customized software programmers, have a mass request and
may be simply duplicated. Companies can use brand protection to help duplication, limit
competition, and charge monopolistic prices for these particulars. This creates two major issues in
poor countries. First, because there's expansive copying in underdeveloped nations, as well as low
original purchasing power, there's fear that stricter protection and enforcement may affect in a
more limited dispersion of similar technology. Because the network goods of business operations
tend to support the dominance of established software manufacturers, this might be a particular
problem. Still, grounded on the data, we believe that if the correct conduct are taken, this challenge
isn't invincible for developing countries. For illustration, governments and patron associations
could review their software procurement programs with a view to giving lesser consideration to
low cost business software products, including general and open source products that are
extensively available.

The alternate issue is that if software source law is likewise defended, it may be more delicate to
acclimatize goods to original demands. It may also stifle competition in the creation of

pg. 37
interoperable apps through rear engineering- grounded follow- on invention. Developing nations
have the freedom to enable rear engineering of software under Passages, thus this problem may be
avoided if public brand rules are duly constructed. Wider relinquishment of open source software
products, whose source law is made public rather than personal software, may be viewed as another
practical step. Closed source personal inventors, on the other hand, may be more ready to make
source law available to software inventors in developing nations if brand enforcement is
strengthened. It's clearly outside of our duty to make recommendations about the strategies that
developing nations should use to buy computer software. For illustration, while low- cost or open-
source software may appear to offer cost and other benefits over personal software at first regard,
the total cost of an IT system is affected by numerous factors other than software license freights,
similar as customizing the system to the stoner's specific requirements, as well as servicing and
maintaining the system. Given the significant requirements for information and communication
technologies that developing countries have, as well as the limited finances available, governments
and benefactors should explosively consider supporting programmers to raise mindfulness about
low- cost options, similar as open source software, in developing countries. Utmost nations now
have brand protection for computer software and operations.

CR PROTECTION OF COMPUTER SOFTWARE/PROGRAM (INDIA)

In India, the Intellectual Property Rights (IPR) of computer software covers the Copyright Law.
Consequently, the brand of computer software is defended under the vittles of Indian Copyright
Act 1957. Major variations to the Indian Copyright Law were legislated in 1994 and took effect
on May 10, 1995. These changes or emendations made the Indian Brand law one of the toughest
in the world. The emendations to the Copyright Act introduced in June 1994 were, in themselves,
a corner in the India's brand arena. For the first time in India, the Copyright Law easily explained

 The rights of a brand holder

 Position on settlements of software

pg. 38
  The rights of the stoner to make backup clones Since utmost software is easy to duplicate,
and the dupe is generally as good as original, the Copyright Act was demanded. Some of
the crucial aspects of the law are

According to Section 14 of this Act, it's illegal to make or distribute clones of copyrighted software
without proper or specific authorization.

 The violator can be tried under both civil and felonious law.
 A civil and felonious action may be introduced for instruction, factual damages (including
violator's gains) or statutory damages per violation etc.
 Heavy discipline and forfeitures for violation of software brand.
 Section 63 B stipulates a minimal jail term of 7 days, which can be extended up to 3 times.
 As per section 2 (ffb) “computer” include any king of electronic/ analogous device have
info about the ability to process. And as per section 2 (ffc) “computer program” means set
of the instruction expressed in word canon schemes and in any other form which include
machine and readable medium which is able of causing the computer to perform the
particular task and achieve a particular result and also section 2 (o) says that the “literary
work” include computer program the tables and the compendium including data.

pg. 39
CONCLUSION

Around the turn of the previous millennium, copyright law was at a fork in the road. Copyrighted
works have become topics of replication and access without any limitations by ever more active
consumers the expansion since internet became a worldwide communication medium. However,
a considerable portion of the usage were not licensed, angering copyright holders. The latter has
declared war on P2P file-sharing networks, among other things. However, that considerable CR
system's assessment. An increasing number of people consider that copyright holders' exclusive
rights are antiquated impediments to users' actions. The co-authors of this article agreed to perform
a two-year study on a variety of connected difficulties, and they are now presenting the primary
findings of their study in relation to two significant issues: P2P file-sharing and net neutrality. The
significance of copyright legislation in promoting social justice remains hazy. On one side,
copyright legislation tries to provide a more or less exclusive level and protection. On the other
hand the CR law. Various restrictions, exceptions, as limited duration of protection, procedural
and basic rights-based protections are examples of such balancing measures. Most of the time,
these balancing techniques are "objective" and apply to all members of a specific stakeholder
group. Copyright norms support socially beneficial purposes as well, although they often lack
"social justice" approaches. What impact do new digital technologies have on copyright holders'
rights, and what technologies are influencing the digital copyright law.

pg. 40
 COPYRIGHT III – COPYRIGHT AND THE NEW TECHNOLOGIES

pg. 41
COPYRIGHT LAW IN MUSIC RIGHTS

It's a licensed application of defended music that's employed for public exhibitions. A permit is
achieved from the songwriter of the music each time the music is being broadcaster. The owner of
the distributed work has full power to reduce or to divide or acclimate the defended work. This
also incorporates the option to be approved or rejected by the owner of the defended work. This
likewise implies that the music that's communicated should acquire a permit and likewise should
pay the charges for broadcasting it. Innovation has its own oddity. In the present period music has
ended up being a vital piece of an existent's life. Going from its necessary wellspring of diversion
to its musts in regular day to day actuality, it's delicate to fantasize a world without music.
Notwithstanding, with the difference in energy in the general public, music has converted to keep
its speed with the progressions of society. Maybe the stylish change is the prologue to' remix'.
Remix is only a revision of the beats of the original music. There likewise can be the expansion or
expatriation of certain verses in that unique work. An illustration of this is the famed air' Tamma
Tamma' which was a well- known notorious tune of now is the ideal time. An analogous tune has
been acclimated into a new thing with the revision of beats and music alongside the expansion of
many new verses in it. The old air has been changed with new beats and some advanced touch.
Still, despite the fact that it's a remix variant, it actually has its veritably own oneness. Numerous
accept that when a composition is separated to make another type of music with change and variety
it turns into an entirely different association with another bit of its own. The responsibility for
ought to be with the creator of the new creation and not the creator of the first work. It should
likewise be given analogous insurance and boons as different types of new workshop. Still, in the
copyright act 1957 amendment 2012, there is section 51 which states that if any existent, without
getting the permit from the first owner of the brand, plays out a demonstration that violate the
brand of the original proprietor, it'll be nominated as violation. The abecedarian issue with the'
remix' is the extent of unique work in the remix interpretation. The Copyright Law has no particular
regulation for remix, so it regularly becomes trying for the courts to decide the idea of
encroachment in similar workshop. Therefore, the major legal challenge is to guard the freedoms
of the creator of the remixed work, alongside the assurance of the first work without abusing the
intellectual property regulation both immorally and monetarily. Still, in the case of Gramo phone
co. vs supper cassettes the court spread out that the complainant assent was important for making
a recording in viscosity with Section 52 (1)( j) to not fall under the class of violation. In this case,

pg. 42
a sound vid was made with the title Ganapati aarti ashthavinayak geete. The defendants wanted to
make a sound recording that comprised of the original sound recording and in this manner
proposed to pay a permit charge for same. The defendant dissented and returned the check which
obviously shows that they did not give concurrence for the use of the musical work. Indeed, indeed
after this, the defendants brought out their sound recording. Latterly, without the assent of the
proprietor of the first work, it'll be a violation. Because of the preface of new technology, brand
law in the music assiduity has grown muddled and delicate. For illustration, the preface in online
streaming’s services similar the way Spotify has changes and boost the music and the sound
assiduity's total earnings. Music compositions are defended by imprints, while players similar as
musicians and voices are defended by ‘affiliated rights.' These songs are copyrighted for the period
specified in the Copyright Act of 1957, which is sixty times from the launch of the timetable time
the owner dies. During the period which brand exists, the possessors may be subordinated to a
variety of brand contraventions. There may be cases of remittent of proper royalties or operation
of the work without a license, among other effects. Piecemeal from that, pirating is a major issue
in our day. At a far lower cost, appropriated CDs and DVDs are readily accessible on the request.
The genuine proprietor of similar workshop suffers enormous damages as a result of this.

Social Media- In recent times, social media has surpassed dispatch as the fastest and most popular
mode of communication. These platforms allow a free terrain for people to express and partake
their studies and other workshop with others, in addition to connecting with people each over the
world. Numerous companies use social media to reach a larger followership at absolutely no fresh
expenditure.

These workshop participated by pens and directors, on the other hand, might be the copyrighted
work of the individual participating the content. This means that spreading similar information
without the proprietor's concurrence might affect in a brand violation action. As a result, sufficient
care and caution are needed while posting anything on social media, similar as images, songs,
pictures, papers, and so on. Another significant point to consider is whether memes uploaded on
multitudinous social networking platforms constitute a brand violation. These memes constantly
take photos that are formerly on the internet and alter them by adding entertaining textbook. The
images or delineations used may be the original work of another author, and using them without
authorization is a brand violation. The defense of' fair use' may be used, but it must be

pg. 43
demonstrated that there was no purpose to contend with the brand possessors and that no unhappy
use of the original snap/ image/ video tape, etc. was made.

Photographs- "Artistic work" includes pictures, according to section2 of CR act. Although

copyright registration is recommended because it is accepted as "proof of ownership" by the courts,
it is not required in India. People may easily steal an image in this age of the internet; it's as simple
as right-clicking and saving. The proprietors of such images face a significant difficulty because
their original works are being utilized without their permission.

Computer programs- A "computer program" is defined to collection represented as word or

media, use in enabling a comp. execute certain job, accomplish specific aim, according to
copyright act. Computer program of this nature are considered as 'literary works.' Due to the ease
of access to the internet, several computer programmes are pirated online. The following are some
examples of software piracy:

1) Making a duplicate of the software for the purpose of selling, distributing, or exporting
2) The programme is rented.
3) Selling computer hardware with illegal software pre-installed or pre-loaded
4) CD-R technology is used to copy software programmes.

pg. 44
Furthermore, due to the widespread availability of the internet, there has been an increase in
unlawful online downloads. Controlling the distribution of materials via the internet is getting
increasingly challenging.

Any remedies available?

Interim or permanent injunctions, monetary damages, a rendition of accounts, and the delivery and
destruction of infringing copies are among civil remedies. Administrative remedies, such as the
detention of infringing goods by customs officials, may also be provided.

In some circumstances of copyright infringement, the Act also imposes criminal penalties. Section
63 of the Act stipulates that anybody who intentionally violates or aids in the infringement of
copyrights faces a period of imprisonment 6 mts. not more 3 yrs., as well as a fine more than
50,000/- INR not more than 200000/- INR.

Furthermore, if you are convicted for the second or subsequent time, you will face harsher penalties
under Section 63A. Other sections in the chapter include penalties for utilizing illegal copies of a
computer program, manufacturing or having plates to create infringing copies of works, and
making fraudulent entries in the Register of Copyrights, among other things. It should also be
highlighted that the Copyright Act's overall scheme makes it abundantly plain that all of the Act's
provisions must be applied to electronic and digital material in the same way that they are applied
to traditional media.

Jamendo.com18 is an online music platform that uses is creative common or free art license which
cover all kind of its compositions. It’s free listening to the works, with commercial as well as
royalty free license for public space as such restaurant and hotel can be purchase. It has over 55,000
albums in its catalogue, allowing musicians to share their work with the world... and to get found
without having to sign a contract with a record label.

18
http://jamendo.com

pg. 45
The famous nine inch nails released the album of the first nine creative commons which are
noncommercial sharing. There are a variety of additional offerings for the album's remaining
content. From 800,000 transactions, the return was $1.6 million in the first week.19

In response to rising textbook costs, flatworldknowledge.com20 publishes the peer reviewed books
under the license of creative commons. The books should be purchased but as like copyright
materials the professors and the teachers can use the book copy and change it accordingly to their
requirement of their students and children’s.

Opencorporates.org21 has built a massive database of corporation data using public data from
governments. Rather than selling the material directly, the organization generates money by
offering access to its organized database.

19
http://nin.com
20
http://flatworldknowledge.com
21
http://opencorporates.org

pg. 46
COMPULSORY LICENSE OF MUSIC

In the judgement of Music Broadcast Pvt. Ltd vs. Phonographic Performance Ltd22 as there was a
rush for the radio in order to cover nine cases the court granted the license under the 31 section
sub clause (1) (b) of the copyright act of 1957 for the FM radio user against music as photographic
performance limited (PPL) section 31(1) (b) was an essential part of law as:

“31. Compulsory license in works withheld from public. (1) If at any time during the term of
copyright in any Indian work which has been published or performed in public, a complaint is
made to the Copyright Board that the owner of copyright in the work23

 a) …
 b) Has refused to allow communication to the public by broadcast, of such work or in the
case of a sound recording the work recorded in such sound recording, on terms which the
complainant considers reasonable, the Copyright Board, after giving to the owner of the
copyright in the work a reasonable opportunity of being heard and If it is satisfied that the
grounds for the refusal are unreasonable, it may direct the Registrar of Copyrights to grant
the complainant a license to republish the work, perform the work in public, or
communicate the work to the public by broadcast, as the case may be, subject to payment
to the owner of the copyright of such compensation and subject to such other terms and
conditions as the Copyright Board may determine; and thereupon the Registrar of
Copyrights shall grant the license to the complainant in accordance with the directions of
Copyright Board, on payment of such fee as may be prescribed.”

As a result, Section 31 (1) (b) gives the Board the authority to award mandatory licenses in
workshop if the Board determines that the brand possessors have refused to enable public
transmission of the work and that their turndown is unreasonable. The designee must also pay
compensation and abide by the Board's terms and conditions, as well as pay freights to the
licensor as needed. The challenge in this case was whether FM radio stations may claim
mandatory licensing on music held by music suppliers like PPL. This was grounded on the

22
2004 (29) PTC 282 Bom
23
https://indiankanoon.org/doc/969912/

pg. 47
 allegation that the ultimate were being unjust in charging precious royalties to FM radio
channel providers for music that they possessed, and that this, in turn, was causing the ultimate
to charge extravagant royalties to the ultimate was affecting public interest at large. The
argument in salutations to public interest was prepared by poring over the government's
approach to the donation of private area in FM radio telecom throughout the course of time
since the salute of the First Phase of privatization in 1999. It was observed that the public
authority has requested assistance in promoting private FM radio communication as a tool for
planning social betterment through which data, education, and entertainment may be
distributed to all parts of India. Surprisingly, the Board reasoned that FM radio telecasters,
which are still managed as business ventures, now bear a social obligation to the country
structure. To develop the business, the public authority itself had switched from the unsettling
fixed licensing figure method to an income sharing model in which the public government
would receive 4 percent of gross income. The manner in which the radio broadcasts of public
interest were planned out raised the question of whether the royalties required by music
providers were reasonable. In examining the issue, the Board investigated and rejected a
considerable number of the replier music suppliers' claims. The Board initially determined that
looking at content spending for radio specialized organizations and television broadcasters was
improper. While the former was constrained by government order to be a' permitted to state'
administration (where it could not charge any class from the general public), the latter could
and did tax the observers. There were also several limits with regard to content distributed via
radio station rather than television, which made looking at the compensation and charges over
these two distinct platforms, as the attesters had required, concerning. Either way, the disparity
in the rates charged by All India Radio (AIR), a state-owned organization, and private area FM
radio providers was found to be absolutely incorrect. AIR had a monopoly in a virtual imposing
economic model in the radio industry and could afford to pay the grandeur. The fledgling FM
sedulity, which had previously been in loss, was unfit to hack up the high eminence
installations requested by the music suppliers of 14- 15, particularly because its primary
substance had to be music because it had such a large number of limitations on the kind of
content it circulated different from AIR. It was also laboriously attempted to be backed by
music providers that playing their material over radios was affecting their supply of music in
physical arrangements like CDs and cassettes.

pg. 48
 Anyway the Board duly brought up that the repliers hadn't tried to survey the quantum of the
mischance was a consequence of fresher motorized arrangements, for illustration, IPODs, cell
phones, TVs and so on and indeed thievery. Indeed, the users' counter-argument implied that
the creation of music through radio broadcasts would just increase music assiduity. Given that
radio service providers are losing money and have many pay establishing roads- the fixed
kingliness system of music suppliers, the Board plant, would result in reduced access to work
for people in general. Exercising a' needle every hour' notion in which the reward of the permit
is fixed regardless of the size of the radio expert co-ops and its compass (membership members
and guarantors) was impossible and foolish. The Board reasoned that the designee's ability to
pay should be assessed based on the amount of revenue generated. The Board determined that,
given that radio service providers were still private marketable businesses working within the
government's social advancement plan, the only reasonable license figure expenditure model
was one in which music suppliers charged a proper position of the net announcement profit.
According to the Board, this would result in undeniably higher compensation for music
suppliers since more telecasters would want to enter the raid around the country, resulting in
greater money.

Based on the Board's reasoning, it created a set of terms and conditions that directed the
Registrar of Imprints to grant licenses to users based on an income sharing model in which 2
percent of the net announcement profit of each FM radio broadcast was set aside to compensate
the music providers. Although the decision is a clear win for FM radio supporters, the question
remains whether it will aid in meeting the genuine need on which the decision was based that
of public interest. Sure, the typical city dweller will want to listen to his standard portion of
top ten 90s mates' on the way to work, yet it isn't yet clear whether it would truly help boost
more prominent extension of the private radio assiduity in ancestral or remote regions wherein
the income carried is presumably going to be less.

pg. 49
NEW WORKS IN CYBERSPACE

The international spread of digital technology has resulted in several computer-based workshops
like as computer programmes, databases, computer software, and other multimedia works on the
internet. Computer programs/operations- Computers are programmed with a specific set of
instructions to achieve certain effects; these instructions are referred to as programmes. A
computer programme, according to the Encyclopedia Britannica, is a comprehensive strategy or
technique for working a problem with a computer; more particularly, an unambiguous organized
series of computing instructions required to produce such a result. A computer's memory holds
programmes that allow it to execute a variety of activities in a sequential or irregular fashion. A
programmer creates a computer programme known as source law' to do a job, which is then
transformed into the right computer language to be executed by the computer, known as article
law. As two separate but similar representations of the same computer programme are called object
law and source law. As a result, whomever owns the source law also owns the object law.
Computer programmes are swung brand protection in the same way that any other erudite work is
under the Passages Agreement. In agreement with this, the Copyright Act of 1957 in India
encompasses the brand protection of computer programmes. The law was changed in 1994 as to
adjust the comp. items and program data in the description of erudite workshop." A collection of
the instruct represented as in word, canons, the scheme and any kind of form include the
mechanical thing which reads media, able to directing the comp. for execution of a specific job or
negotiate a certain outgrowth," says 2 section of the Act. Despite the fact that computer
programmes are considered erudite workshop, the Act provides distinct vittles for computer
programme rights and violation. Section 14 (b) of the Act specifies the rights to computer
programme brand, as well as trade and reimbursement rights. Marketable reimbursement rights
won't apply in circumstances the place of the comp. works isn't important thing for reimbursement,
according to a 1999 revision to the Act. Because digital technologies aren't employed in a wide
range of sectors that impact diurnal life, such an exception is supposed suitable because else, one
may wind up paying for technology that they no way intended to use in the first place. The
lawbreaker of imprints can be fulfilled in court and subordinated to the Copyright Act's penalties.
Taking illegal clones, as well as utilizing without permission, are examples of these offences.
Because computer programmes vary from other sophisticated workshops, law make the intentional
use of illegal clones of comp. software a criminal with a minor penalty. Database- basically

pg. 50
database is collage and collection of the data, and different effects organized as in logical manner.
Indeed though the database is a compendium of non-original workshop, the databases are brand
defended as erudite workshop. The author's moxie and labor are taken into account when
determining whether or not the workshop are duplicate. It is the trademarked' expression' of how
facts and data are put in a given manner to generate a particular viewpoint. To be deemed a
"intellectual product," a database must have originality of expression, which means it cannot be
replicated from another database and must be the result of the author's intellectual shot. Databases
are protected as intellectual property under India's Copyright Act of 1957. The description of
"erudite factory" includes computer programmes, tables, and albums, as well as computer
databases. Databases and computer programmes are similarly protected against infringement under
the Act. It is important mentioning that Indian courts recognize brand in databases. The florilegium
of a list of guests/guests made by a person via the commitment of time, effort, labor, and moxie
amounts to "erudite work" under the Copyright Act, for which the author owns brand. As a result,
if a database is infringed upon, the outsourced parent company may also have recourse under the
Copyright Act. The term database was first defined in Section 43 explanation ii of the Information
Technology Act of 2000 as "a representation of information, knowledge, data, generalities, or
instructions in text, image, audio, or video that are being prepared or have been produced by a
computer, computer system, or computer network and are intended for use in a computer, computer
system, or computer network and are being prepared or have been produced by a computer,
computer system, or computer network and are being prepared or have been produced by a
computer, computer Under Section 43 of the Act, the unhappy party is entitled to compensation of
Rs. one crore from the person who violates the databases' trademark and other internet restrictions.

The Act's Section 43 covers a wide range of offences, including breaking computer canons, digital
trespass, sequestration violations, and stealing data. Under sec. 66 of the I.T. rule lists the penalties
that apply in similar cases. Multi media- Multimedia work entails the use of numerous modes of
communication. These are fusions of multitudinous factors including textbook, sound, still and
moving images, and so on. Interactive and non-interactive multimedia work can be classified into
two groups. Videotape games and other forms of interactive multimedia bear mortal input to serve.
Multimedia work isn't defined in the Indian Copyright Act of 1957. The individual corridor of
these workshop are classified independently since the multimedia works as a whole defy current
bracket. Many of these workshops are created by changing being bones. Because subsequent

pg. 51
clones are similar to the original, multimedia workshops are simple to reproduce. There is no
definite provision in the statute for the protection of originality in online multimedia workshops.
Like a result, these workshop can be defended as stir film land or computer programmes. Still,
enterprises about the distinct imprints of workshop employed in multimedia may crop. When more
and more multimedia workshop are developed as new complicated bones, the situation will get
much worse. The categorization of multimedia workshop is a problem that requires farther
disquisition. Digital technologies have transformed media, entertainment, communication,
advertising, and education. Advanced technologies have made workshop communication,
dissemination, and reproduction much more accessible to the general public. Digitalization has
greatly simplified the process of creating identical clones and delivering them to millions of
individuals over enormous distances in a fraction of the time. All of this may be fulfilled without
the possessors' knowledge, ultimately abusing their interests. The internet has come both a peril
and a need. The rights of brand holders have been hovered by a number of enterprises. Images,
plates, news, e-books, pictures, and other accoutrements with varied degrees of brand protection
can be plant on the internet. Numerous people believe that any material in the public sphere on the
internet may be copied, which isn't true in utmost circumstances. Because of the Internet's
decentralized nature, any stoner can spread a work in cyberspace forever through a limited number
of outlets, making it more difficult to determine whether the work is a duplicate or dupe of a
protected work, resulting in global pirating. Global losses from stolen books, music, and
entertainment software are estimated to be in the billions of dollars. In some ways, the Internet
poses a problem for brand holders since druggies come mass disseminators of others' brand work,
creating an imbalance between pens and consumers. Social media-Social media has come an
introductory tool for people each over the world to connect in the digital period. Social media is a
medium for the broad distribution of images, vids, and other types of content. Numerous
individualities believe that everything on social media is available for free. When someone re-
posts and claims ownership of a brand-defended work, this is considered a brand violation. Using
content available on social media platforms without attribution is an issue for content providers on
social media platforms. To meet these new technical difficulties, several specific findings were
applied. Access control and dupe control are two related outcomes that allow the inventor to
conceal the illegal operation of his work. Watermarking works on digital platforms to detect and
assist with illegal operation and exploitation. The block chain technology, which records peer- to-

pg. 52
peer deals, has shown to be an extremely effective system of securing the workshop. Still, counter-
measures have been created to circumvent these safeguards. To guard copyrighted workshop from
playing in the digital age, certain effective legal remedies were necessary.

JUDICIAL TRENDS ON COPYRIGHTS RELATING TO MUSIC RIGHTS

The case of Indian performing society ltd. Vs the east India Motion picture assn 24., as court
delivered that “Copyrighted music isn't the soulful tune, the superb singing, the noble voice or the
awful picture. The Indian music suckers mass to hear and be enthralled or enchanted by the nada
brahma, the sweet harmony of sounds, the raga, and the bhava, the sublime or instigative singing
”. In Gramophone Company of India Ltd v Super Cassette Diligence Ltd, 25 the Delhi High Court
observed that, “Musical work isn't simply a combination of air and harmony or either of them. It
has to be published, reduced to jotting, or ever graphically generated or duplicated as well.
Figurations, progressions, and metrical patterns are all employed in the development of melodies,
as we all know. Every musical composition has a structure, or shape, which is the arrangement of
individual pieces to make a whole, and musical memorandum is a visual representation of musical
sound (real or imagined) or a set of visual instructions for music performance. Pitch (the position
of a musical sound on the scale), duration, timbre, and loudness are the four introductory factors.
There are colorful systems of memorandum like verbal, alphabetical, numerical, and graphic and
tabiuatures." The terms' published, reduced to jotting, or else visually generated or reproduced' are
thus further than a commonplace." Super Cassette Diligence Ltd. v. Bathla Cassette Diligence Pvt.
Ltd26., the Delhi High Court observed that “ interpretation recordings would really be similar sound
recordings where while being inspired by the original air, a distinct interpretation, different both
in donation, meter, and orchestral arrangement emerges ” The Delhi High Court in Gramophone
Company of India Ltd. vs. Super Cassette Diligence ltd27., anatomized section 52 (1) says that the
“brand in the primary and original erudite, dramatic and musical workshop as also a separate brand
in sound recording or cinematographic film made there from, attend and the brand in primary and

24
1977 AIR 1443, 1977 SCR (3) 206
25
(OS) NO.1625/1999
26
2003 VIIIAD Delhi 572, 107 (2003) DLT 91, 2003 (27) PTC 280 Del, 2004 (1) RAJ 69
27
(OS) NO.1625/1999

pg. 53
original workshop continue to live for exploitation by the proprietor( s) thereof in future and these
rights aren't affected by the factum of the timber of a cinematograph film or sound recordings, the
brand( s) of which may vest in different authors. ” As per incuriam, the Court proclaimed the
decision of the Delhi High Court in Super Cassette Industriousness Ltd. v. Bhatla Cassette
Industriousness. “The Court further ruled that once an interpretation recording is created in
accordance with Section 52(l) (j), it is as much a sound recording as any other sound recording.
As a result, the trademark holder has all of the ordinary rights under Section 14 in an interpretation
recording, which is a sound recording ( e). There is no provision in the Act that forbids the
exploitation of interpretation recordings through trade/hire of duplicates, such as interpretation
recordings via mobile phones or the internet. Depending on how the music will be utilized, there
are different sorts of licenses: • Synchronization License • Master License • Mechanical License •
Public Performance License Royalties are payments made to the owner of the trademark associated
with a work. It's a recognition that you have profited from someone else's labor and are
compensating them for it. The amount varies since it is usually a percentage of the money you
bring in. These are given to PROs or music publishers, who then distribute them to their guests.
These are licenses used in situations where a person desires to listen to music while watching
television or movies. They are usually worked out directly with the brand owner or its publisher.
This license only covers the composition, not the recording (see below for Master License
agreements). A synchronization license's wording is often boilerplate, with alterations made for
the names of the parties involved and the amount of money agreed upon. A master license is
granted to those who wish to utilize a sound recording to create a new composition. This is
commonly referred to as a slice. Master licenses, on the other hand, cover a wide variety of
applications, such as film, television, advertisements, and so on. A synchronization agent almost
always purchased together with a master license. When a person wishes to record their own version
of a song, they will require a microphone. This just offers permission to record the music, not the
rights to the sound recording. The show Gaiety is an example of when a mechanical license was
used. They recorded fresh interpretations of songs for the show rather than recordings of other
people singing. As a result, they sought mechanical licenses in order to do so equitably. Although
mechanical agents are most commonly obtained through the Harry Fox Agency, many music
publishers also manage this operation. The Music Modernization Act of 2018 in the United States
demands that you obtain a license from the brand owner before playing in public. This order

pg. 54
applies to any public performance, whether on the street, at a cafe, or on stage. Different
Performance Rights Organizations, or PROs, are continually offering public performance licenses.
The most well-known are ASCAP, BMI, and SESAC. They are also in responsible of collecting
and distributing royalties. It's also worth remembering that if you wish to play sound recordings in
public, you'll need to obtain a public performance license, which includes streaming (except for
radio and Television transmission, which fall under special circumstances). So, if you want to DJ,
you'll need to understand how to obtain a public performance permission.

Audio home recording act

The Audio Home Recording Act of 1992 amended brand legislation to compel directors and
importers of digital audio recording equipment to incorporate technology to aid illicit copying of
copyrighted music, with the goal of stopping equivalent converting in the rising digital audio area.
It also required brand owners to receive royalties for each gadget sold. When it comes to
performance rights, one of the six exclusive rights of brand owners, the way musical performances
are broadcast and consumed has evolved considerably over the last 150 years. The American
Society of Songsmiths, Authors, and Publishers (ASCAP) was founded in 1914 to develop a
method for composers to receive royalties for songs performed live — and later, via the newly
invented medium of radio. ASCAP today supports melodists, songsmiths, lyricists, and music
publishers in the United States, providing royalties for work aired on television, CD, and every
new media that has replaced radio.

pg. 55
Figure to Pirate Bay is a website that connects druggies to immorally downloaded music, pictures
etc. particulars. Even though several tries to block and close the point, it continues to live.
(Copyrighted free use) (Credit the Pirate Bay through Wikimedia Commons)

SESAC, innovated in 1930, Broadcast Music, Inc.( BMI), innovated in 1939, and Sound
Exchange, which was granted the sole right to represent players whose music airs on satellite radio(
similar as SIRIUS XM), Internet radio( like Pandora), string Television music channels, and
analogous platforms for streaming sound recordings by the Brand Royalty Board in 2007. The
Recording Industry of America Association (RIAA), which was innovated in 1952, represents
record markers and music distributors and has played a vital part in icing that their rights are
defended as new styles for propagating recorded music arise. For illustration, the RIAA converted
Congress to pass the No Electronic Theft Act of 1997, which made it illegal to copy or distribute
music via electronic styles( i.e., over the Internet). Despite this, music sharing services like
Napster, which began in 1999 and at its peak permitted the download (ultimate of it illegal) of 80
million songs, billion songs were downloaded unlawfully every month by 2002. Indeed, MP3
musical train transfers overburdened several council dormitory networks. Numerous Internet
observers at the time, enamored by the misquoted generality that" information wants to be free"
online, claimed that downloading technology made it delicate for musicians and markers to apply
their imprints online. Napster, for one, maintained that it shouldn't be held liable for any unlawful
downloading done by addicts.

Nonetheless, the RIAA and musicians brought lawsuits alleging contributory negligence. In legal
cases like as A&M Records v. Napster and Metallica v. Napster, judges and juries repeatedly
accused Napster of infringement, pushing the firm into bankruptcy in 2002. Of course, music
conversion continues. Instead of Napster, music fans now have access to legitimate music
download sites such as Apple's iTunes music store, which provides digital music with permission
from brand owners and due payment. Checks show that the maturity of the visitors does not want
to steal songs. They merely want simple, low-cost internet connection. Most customers recognise
that music composers will be unable to continue creating music if they are unable to make a living
from their work. As the digital millennium copyright act 1998 pushed through Congress
multitudinous content sectors (DMCA). Propagating tech. or services that might master “DRM”
safeguards always helped way to the copyright pictures, songs and book came illegal under this

pg. 56
regulation. It also enhanced the penalty for online brand violation. Still, in an applicable concession
to online services that only host stoner material, the DMCA confined online services' responsibility
for brand violation done by the druggies, as too progressed for removing the offered contents after
being notified.

Viacom Vs YouTube

Viacom vs YouTube was the united states district court for south district new York city case in
which the Viacom YouTube also at the time of 2007, Viacom filed a brand violation against action
of YouTube with the google, professing that the popular videotape- sharing point was committing"
massive purposeful brand violation" by failing to help and displace the unwanted clips of the
Viacom’s entertainment programs poste by druggies. In 2010, a quarter court judge decided in
favor of Google, claiming DMCA for save harbor" protections exempted it as from the
responsibility towards the acts their druggies. The court of prayers capsized the verdict in April
2012, ruling as the Viacom have given so much substantiation towards support to a trial. Viacom’s
had sought further 1 billion dollar from YouTube and the parties intimately resolved the seven-
time-old disagreement in March of 2014. Google has said worries of the content possessors same
as the Viacom in the interim as by erecting the medium which give them permission to back there
material at the time when it's placed at YouTube then latterly as they asked that if it can be taken
down and run with the advertisement.

INTERNET AS THREATH

One of the biggest problems posed to brand has been the development of the Internet; as the
revolutionary social dev. Since printing press also is a pert now of “The fabric of our lives As a
result, it'll be important to examine its development to discover how it has evolved into such an
important instrument for brand violation. On the elaboration of the Internet as we know it, there
are primarily two no concurring seminaries of study. The first was formed out of Cold War
paranoia and the necessity for a dependable dispatches network that could repel a nuclear assault.
Masterminds at the Research and Development (RAND) Institute in the United States began work
on a decentralized dispatches system with no single point of vulnerability. The featured the

pg. 57
generality of" distributed dispatches," which evolved into" packet switching," in which dispatches
were broken down into lower corridor( packets) and transferred across the network to their
destination, where they were reassembled. In comparison to a traditional dispatches network, the
approach offered the benefit of automatically routing information around a broken communication
knot. Because of the Advanced Research Projects Agency's( ARPA) participation, the foremost
replication of the Internet was known as' ARPANET,' and it was the primary source of what would
ultimately come the Internet. In comparison to a traditional dispatches network, the approach
offered the benefit of automatically routing information around a broken communication knot.
Because of the Advanced Research Projects Agency's( ARPA) participation, the foremost
replication of the Internet was known as' ARPANET,' and it was the primary source of what would
ultimately come the Internet. Despite being developed as a resource- participating tool, the
foreword of electronic correspondence changed the way it was used (dispatch). This new program
snappily came the most popular on the network, and it was extremely important because it engaged
and encouraged people to engage in a new type of mortal connection. In this perspective( and
representing the alternate school of allowing on the subject), the Internet is basically the result of
academic trouble; specifically, the “US National Science Foundation” established a hood catch up
network to connect indigenous and original area networks to the defense network. ARPANET was
converted to the transfer control protocol or the internet protocol which is TCP and IP in 1980.
This is a global protocol that's still in use moment, and it enabled ARPANET to fluently integrate
other networks that had been created. The TCP/ IP protocol successfully hides the network from
consumers and allows the Internet to run as a single network. ARPANET was formally renamed
the" Internet" in 1989, after it had grown into a completely functional network with over linked
machines. At earlier, the Internet was largely a tool for experimenters and academics, and it was
confined to simply transferring textbook; any marketable exertion were banned by individual
Respectable Use Programs( AUPs) “ Significantly, it was from these onsets that the culture of the
Internet – which has important counteraccusations for intellectual property protection – gained its
character. ” The World Wide Web( WWW) and the posterior foreword of Web' cyber surfers' gave
the graphical interface that has made the Internet so desirable for ordinary people to pierce and
use, converting it into a". Ubiquitous and multi-functional media." The Internet's interface had
preliminarily been significantly more delicate to use since it was substantially command driven.
By replacing instructions with icons and mouse clicks, the Web makes it far more stoner friendly.

pg. 58
Tim berner- Lee, an mastermind to European org. of nuclear research, designed it (CERN). Indeed,
the circumstances girding the establishment of the WWW may have had a part in both inspiring
and sustaining the libertarian Internet ideal, as Berners- Lee participated the picture for free online.
The Hypertext Markup Language (HTML) standard was born with the Internet. This helps to
support a system in which a marker is added to a word or expression that ties it to another document
on the Internet. Importantly, from a brand viewpoint, HTML textbooks can be in multimedia
format, containing cinema, sound, and videotape. In addition, the advancement of Internet cyber
surfers allowed people to fluently explore the Web and its information. The Internet's' openness'
in terms of technological armature and social/ institutional association was a relating quality.
Further it’s especially important to show some of the Internet's unique rates make it such a
potentially delicate place (to regulate). The Internet is appertained to as' asynchronous.' There are
no walls to communication when using the Internet. Collaboration between the sender and the
philanthropist of a communication is demanded similar dispatches can be saved and recovered at
any time via dispatch by the end- stoner. It also enables' numerous- to-numerous' dispatches,
allowing people each across the world to communicate. It also allows addicts to communicate with
one another by allowing them to directly' speak back.' The Internet relies on packet- rested
technologies and a naturally decentralized setting as a distributed network. Likewise, the Internet
is extremely scalable, allowing for far more flexible stoner growth and compression. “MP3 has
revolutionized the way we hear to music, introducing music to the Internet and giving rise to issues
that were no way preliminarily associated with music. The MP3 format was first described in
1993151, and development on playback machines began shortly after. Companies have been
buying the rights to produce and vend codecs and decoders for the format since 1998, with the
most popular player being' Winamp,' which was introduced in 1999 and is still available for free.
The creation of stoner- empowering technology was made freely accessible to people, much like
the Web, and had a significant influence. Still, in this case, the lower technological (and ultimately
legal) impact was to be associated with the use of peer- to- peer networks and the Internet as a
means of distributing MP3 lines.

pg. 59
COPYRIGHT ISSUE IN DIGITAL MEDIA

The Software- The computer software business, is expanding, has problems. Because the maturity
of software programs are simply copied and recreated. Also increases the possibility of installing
the operation onto numerous computers, which isn't only illegal but also violates the licensing
agreement, which limits use to one machine. Still, as appealing as this system may be, it's a huge
violation of brand and software converting. According to the Business Software Alliance (BSA),
35 percent of all software in the world is appropriated, with 69 percent in India.

Scanners- A scanner reproduces snap in detail without offering image. Further crucially, in terms
of brand, a reproduced image can be saved for unborn use, reused, and indeed changed. Addicts
that reproduce, distribute, or change copyrighted prints without authorization are infringing on the
Brand Proprietor's introductory exclusive rights.

Multimedia and CD- ROMs- CD- ROMs appear to have unlimited possibilities since they may
contain prints, computer operations, and texts. Still, as multimedia publication and CD- ROM
technology expands, Brand issues arise. Longer to furnishing the famed Quit India speech in
published form if you wish to inspire your addicts with the words of Mahatma Gandhi. Your
bystander may hear the words uttered, and may indeed see Mahatma making the speech, if you
produce the work electronically using a CD- ROM edition. You can indeed include accompanying
music, history, and other cinema to make the communication more important. Your imagination
has no bounds! Unfortunately, there's a restriction assessed by Brand legislation. Each technology
advancement introduces a new brand consideration for multimedia makers. To display Mahatma
Gandhi's speech in multimedia style, you will need to gain authorization to use further than just
the words and speech, as well as the print that goes with the textbook. You will also need
authorization to use the audio, videotape, music, and any other images you contributed.

The Internet and other Networks- digital tec. allows faultlessly duplicated, modified, minced,
edited with considerable freedom, making it ideal for rovers. All of these specialized capabilities
make it delicate for brand law to produce applicable tools for catching contraventions. The content
available on the Internet is defended by brand in the same way as it's in magazines, publications,
published books, broadcasts, and other media. The major misconception is that everyone may use
the Internet's tremendous coffers for free. Material available on the Internet that's in the public
sphere may be freely reproduced only if it was developed by the civil government or if the brand

pg. 60
has expired or been abandoned by the proprietor. The public sphere doesn't directly apply to any
work published on the internet. Graphic images, including Web plates, cinema, ensigns, digital art,
memos, textbook, HTML, Java scripts, or other content that individualities are given authorization
to use or display on Web spots, don't allow anybody to claim brand to the material in issue.

Free or shareware plate’s spots don't supply cinema that are in the public sphere. These prints aren't
granted in power, but they may be used handed they meet the terms and conditions of the
proprietor. The author owns the rights of sources and dingbats developed by hand, from scrape, or
in a analogous manner. Scrutinized designs converted into typefaces and dingbats, as well as
reduplication, refabricating, and change of being designs, aren't original creations and don't enable
the proprietor to claim power. Spider- harvesting (robots tutored to indicator spots and pull cinema
on to another garçon) and/ or hot- linking (linking directly to another Web point's images) are
samples of unlawful secondary plant that violate the genuine proprietor's brand. Down from the
Internet, there are several public, indigenous, intranets, and extranets. Through these networks,
millions of individualities are connected. The maturity of network material is copyrighted or
subject to some form of contractual license. Utmost network addicts believe that non-marketable
distribution is respectable and doesn't constitute a breach of rights. This puts network directors in
a delicate position when it comes to responsibility for similar contraventions. E-mail- The
Copyright Act is most risked by electronic correspondence, ore- correspondence. According to the
Software & Information Industry Association (SIIA), 75 of Internet addicts want further people to
know their dispatch address, and further than half prefer to interact bye- correspondence over the
phone. E-mail is an accessible and secure system of communicating with others. To get their
correspondence, addicts must first connect into the online service. Brand violation is a trouble for
donors- correspondence dispatches who want to publish or further these private dispatches.
Addicts can use the forward function to shoot someone differently dispatch to one or further
donors, as well as publish to mailing lists or" Usenet" groups. E-mail dispatches are considered
erudite plant under the being brand enactment, and the author of the communication retains the
brand. The sender owns the brand to the communication's content, but the one who owns the
physical space is the philanthropist and take up hard drive Without authorization, receiver isn't
permitted to copy, publish, or else circulate the contents. Point licensing- Presently," Point
Licensing" is generally used by educational institutions and businesses. A point license allows the
institute to buy the rights to use the product indefinitely within the association. A brand violation

pg. 61
occurs when a single master dupe or single access to a product is bought, downloaded, or employed
on two or further computers, and is fluently traceable through a network garçon. Information
entered or downloaded through single access can’t be participated, and participating login
information is also a brand violation.

THE COPYRIGHT ISSUE AND THE DIGITAL TECH.

As we a digital internet any person can spread a work in the cyberspace for endlessly at any time
and infinite number of venues, resulting in international piracy. Pirated books, music, and
entertainment software have been projected to cost billions of dollars globally. In some aspects,
the Internet is a problem to the owner of the copyright because the people who are using it becomes
mass disseminator for the other people's work which are copyright, creating a power imbalance
between writers and consumers. As a result of the introduction of digital technology, legislators
now have the option of either expanding or altering the existed "old media conceptions,"
reinterpreting list prohibited activities, reviewing the unique characteristics for the newly place in
a variety of ways, as described below.

1.1 The Reproduction right

There has been a right to reproduction to the owner of the copyright. As per the copyright had been
at the core of the copyright law for 300 years and more and also the statue of Anne the
contemporary law of copyright28. Despite its importance by fundamental duties granted as writers,
the right for duplication is clearly defined under international copyright protection measures29. The
initial wording as per the Berne conv. didn’t includes any other provision to specify the safeguard
reproduction as lack of consensus as per right extent with the content. Copyright owners are

28
Goldstein, P. (2001). International Copyright: Principles, Law and Practice. New York: Oxford University Press.
29
Spoor, J. H. (1996). The Impact of Copyright in Benelux Design Protection Law. In P. B. Hugenholtz (ed.), The
Future of Copyright in a Digital Environment (54-86) Hague: Kluwer Law International.

pg. 62
allowed "the sole right of allowing the reproduction of these works, in any way or form" as per
article 9(1) of Berne Convention30.

WIPO P&P Treaty 1996, on other hand, has two clauses (Articles 7 and 11) that guarantee
Performers' and Phonogram Producers'. The person who produce have "the unique right to
authorize the direct or indirect reproduction of their respective protected topics in any manner or
form" under the WPPT. Berne convention article 9should be applied to the protection of
reproduction rights apply in digital space as agreed under WCT & WPPT.

At first look, appears WIPO Treaties 1996 safeguard permanent digital copies, such as those saved
on floppy discs or in a computer's read-only memory (ROM).

Members can also add additional limits the rights of reproduce the data, as long as they pass
criteria. However, common agreement of declarations, especially as "storage," is in substantially
vague & confusing. Is applicable to creation of not permanent copies? "In usual usage, 'storage'
connotes a significantly greater degree of action than simply 'temporary' behavior," one would
respond.31

Secondly, the opposing argue as the momentarily stored duplicate is in reality a sort of work
storage. Without a precise refer "permanent or temporary," phrases not success to identify that the
reproduction should be in digital platform rather than fulfilling the professed ambitious mission of
providing clarity. The ambiguity of the treaty text raises the possibility of a dispute over whether
the temporary copies were protected.

1.2 The legal protection to the tech. measure

As owner with their techniques devised wholly innovative technical ways limit the access
physically in using the work which have copyright, response to rising ease of reproducing and
sharing works via the internet. At the time of 1991 European Union head in to provide protection
as per law for the tec. protection in the computer programs and software’s. Then as looking the

30
Ricketson, S. (1987). The Berne Convention for the Protection of Literary and Artistic Works: 1886-1986.
London: Centre for Commercial Law Studies, Queen Mary College
31
Ginsberg, J. (2003). Achieving Balance in International Copyright Law, Columbia Journal of Law & Arts, 26,
201-245.

pg. 63
North America free trade agreement started which has criminal and civil penalties for encryption
of the similar works as it was considered as crime.

The introduction of the Internet has made it easier to manufacture and circumvention devices, as
well as to disseminate work which was copied or have been bypassed or is as per globally etc. As
a result, during World IP organization conference, an ambitious agenda set as in offer effective
and appropriate protection for copyright owners' technical measures. According to the WCT act
article 11:

"Contracting parties shall provide adequate legal protection and effective legal remedies against
the circumvention of effective technological measures used by authors in connection with the
exercise of their rights under this Treaty or the Berne Convention, which restrict acts not authorized
by the authors concerned or permitted by law in respect of their works."

Similarly, the WPPT has a clause (Article 18) that protects technical measures by performance
makers.

- Contracting countries provides "sufficient and effective" legal protection as

"circumvention" effective tech. means under different treaties. At the same time,
contractual parties must ban circumventors from constructing devices solely for the
purpose of bypassing technical safeguards as a prelude to any criminal act of direct
circumvention. However, whether the development and sale of protection-defeating
devices by a third party as subject as per the anti-circumvention laws is still up for debate.
Given that actions of circumvention in the digital world are difficult to identify and
manage, legal protection of technical measures will be difficult to implement effectively
when its aim is on circumvention. The lack in will make it impossible to dissuade
circumvention, putting the rights owners' interests at risk. The lack of protection against
preparatory activity is likely to upset the copyright balance announced of WCT and the
WPPT acts. Helper countries always thus require to prohibit preparatory actions under
national ant circumvention requisite effective and appropriate protection of technical
measures.
- Tech. protection measure- The 1996of the WIPO treaty stipulate that qualifying technical
methods for protection must be "effective," and they distinguish between the various sorts

pg. 64
 of such measures used by property holders. Article 11 of the WCT specifies that technical
safeguards must be utilised
- Requirement of the knowledge- nothing special knowledge is for the anti-circumvention
rules of WIPO Treaties of 1996.
- Important remedy which are effective- the parties contracting must adequate care in event
that technical protections are circumvented. However, the WIPO Treaties of 1996 are silent
on specific standards for assessing the efficacy of remedies. Contracting parties are allowed
to determine suitable remedies based on their own legal traditions, according to the Basic
Proposal. As per the WPPT & WCT, national enforcement system be in effect and include,
the least, remedy for prevention of infringing and punishments that serve as deterrents to
future infringements. As a result, anti-circumvention remedies must be powerful enough
to "serve as a deterrent and a significant consequence".

1.3 protection of RMI

As advent of (RMI) improves effective using the literary works & provides a plethora alternatives
of the holders as preserve their rights as moral rights for the digitalization. As susceptibility of the
authorization of the RMI modification lengthy over its integrity safeguard. WIPO Treaties 1996,
which were designed to give the authorized person of protection of RMI.

In contrast anti-circumvention regulations' vague and general phrasing, the RMI-related articles of
the WIPO Treaties of 1996 provide a set advance criteria of preservation RMI. As in the real
reality, introduces a new criterion for determining whether the aforementioned RMI manipulation
should be punished. It will exclude people who mistakenly change or remove RMI and do not pose
a harm to right owners' legitimate interests.

Finally, the extent of protectable RMI is clearly defined. The data as "identifies the work, the
creator of the work, the owner of any right in the work," deals with "the terms and conditions of
use of the work, and any numbers or codes that indicate such information," protected under the
WCT. Furthermore, that info. "Should get affixed to a copy of a work or appears in conjunction
with the disclosure of a work to the public".

pg. 65
SOFTWARES FOR WINDOWS

As copying the files from hyperlinks and different sites are easier these days instead of having the
copyright protection remedies we faces different challenges in the form of digital problem and
some sites are harmful to put their data on their websites, therefore there are many other websites
and software which provide the hacker to copy the original material form the site even when there
are restriction on the site for the copying of the data from the site as mentioned above in the clauses
that there are hyperlinks been created by the hackers to copy the material there are some examples
of the software’s and the files which are been created to copy and transfer the data from various
websites in bulk from windows, android IOS etc., even from those sites which are restricted to be
copied, are follows:

1) FIRST COPY- Fast copy is one of the software which transfers the data with high speed
shell integration, x64 capabilities, no installation required, strong command line support,
NSA file wiping application for secure deletion, long path support, ability to check what
files/folders would be impacted before running using the listing button are all the
specification of Fast Copy and how it works for downloading the files.

pg. 66
 Image 1.0 – Fast copy version 2.11

2) GROWMEORGANIC- growmeorganic allows you to harvest information from all public

LinkedIn accounts and assemble it into an excel spreadsheet. This way, you'll have all of
the necessary information in one place, therefore this easily infringe the copyright from the
social media.

pg. 67
 Image 2.0 – GrowMeOrganic

3) COPYING FROM THE PAGE SOURCE- The text on the webpage is included in the
source code of the webpage. You'll need to copy and paste only the sections you want,
removing the HTML and CSS elements in the process. This strategy may or may not work
depending on how the site owner has their site set up. Some websites entirely prohibit right-
clicking, while others just disable copying. To copy text from a prohibited website in
Chrome, launch the browser and navigate to the website or page you wish to copy from.

Image 3.0 – Page source copying

pg. 68
 4) JAVA SCRIPT - JavaScript is frequently used by website owners to prevent others from
stealing their material. Disable JavaScript on the site to copy content from a restricted site
in Chrome. Any JavaScript commands are suppressed when Chrome tries to load the
website, allowing you to copy the content. Go at the north-west side means the corner of
the top the right side of the chrome. Select "Settings" from the drop-down menu that
appears after clicking the three dots.

Image 4.0 – Java Script

5) WEB SCRAPING- web scrapping in simple words are called data extraction, it works in
the website which don’t give access to access the data and does not provide the access to
download the data from their original sites, Web data extraction is used by those people
and enterprises that seek to use the large amount of publicly available web data. Any person
who have ever copied and pasted information from a webpage has done web scrapping
every time, although on a small, manual scale. Web scraping, in contrast to the tedious,
mind-numbing process of manua of data points from the internet's seemingly limitless
frontier. There are two main ways in which data scraping can used, the crawler and the
scraper, a crawler and a scraper for the web the scraper is the chariot, and the web crawler

pg. 69
 is the horse. The crawler guides the scraper across the internet as though by hand, extracting
the data needed.
The crawler- A web crawler, sometimes known as a "spider," is an artificial intelligence
that uses connections and exploration to scan and search for material on the internet, much
like a person with too much free time. In many projects, you "crawl" the internet or a single
website to find URLs, which you then send on to your scraper.
The scrapper- A web scraper is a specialised tool that extracts data from an online page
accurately and fast. The design and complexity of web scrapers varies greatly depending
on the project. The data locators (or selectors) that are used to discover the data that you
wish to extract from the HTML file are a key aspect of every scraper - normally, XPath,
CSS selectors, regex, or a combination of these are used.
A scraping tool sends HTTP queries to a target website in order to scrape data from a page.
It usually parses publicly available and viewable material and renders it as HTML on the
server. It may also send calls to internal application programming interfaces (APIs) for
certain related data, such as product pricing or contact information, which is kept in a
database and supplied to a browser via HTTP queries. There are a variety of online scraping
technologies available, each with varied features that may be tailored to particular
extraction projects. You may require a scraping programme that can detect unique HTML
site structures or extract, reformat, and save data from APIs, for example. Scraping tools
can be big frameworks developed for a variety of common scraping jobs, but you can
simply construct a scraper by combining general-purpose programming libraries. To scrape
data from your page, you may use an HTTP requests library, such as the Python-Requests
library, in conjunction with the Python Beautiful Soup library. Alternatively, you may use
a framework that combines an HTTP client with an HTML parsing library. Scrappy, an
open-source library for sophisticated scraping requirements, is a prominent example there
are some famous judgements on web scraping as follows:-
- Web scraping began in a legal grey area when using BOTS to scrape a website was
merely considered a nuisance. Until eBay filed a preliminary injunction against
Bidder's Edge in 2000, there was nothing that could be done about the practise. eBay
stated in the injunction that the use of BOTS on the site against the company's will was

pg. 70
 a violation. Although action was settled was cooled down outside the courtroom and
the president was finally established.
- Two years later, "Intel v. Hamidi," decision defining the common law which was of
California for trespass of chattels, the decision was in behalf of ebay v bidder’s edge
tacitly invalidated. It was back to the Wild West. The courts repeatedly found over the
following few years that just stating "do not scrape us". A user must explicitly accept
or assent to the conditions before you may enforce them. This opened the field for
scrapers to do anything they wanted.
- One of the first copyright claims against an online scraper was won by Facebook in
2009. This paved the way for a slew of lawsuits that link any site scraping to an obvious
copyright violation and monetary penalties. People could earlier rely on fair use and
web scrapers for academic, personal, or information aggregation purposes. The only
just use provision firms to not use of internet scrapper has now been struck down by
the court. The court decided that even modest portions of the information, as low as 4.5
percent, are important enough to be considered fair use. The court's only stipulation
was that this information may be purchased. It's unclear how they would have ruled if
it hadn't been. Then the gauntlet was thrown down a few months ago.
- Andrew Auernheimer was found guilty of hacking after doing web scraping. Despite
the fact that the information he got unencrypted freely there on website. To use his
BOTS and scrape the web, he didn't have to agree to any terms of service. The
information could not be purchased. It wasn't protected by a password. He didn't even
profit monetarily from the data gathering. Most crucially, it was AT&T's faulty
programming that originally disclosed this information. Andrew, though, was to blame.
This is no longer only a civil case. This is a criminal offence, similar to hacking or
denial of service attacks, with a maximum penalty of 15 years for each charge.
- President Barack O. Signed an act to the federal state on December 14, 2016, which
prohibits the use of software on ticket vendor websites that circumvents security
safeguards. Web scraping with complex business logic to find scalping opportunities,
insert purchase data into shopping carts, and even resale goods on secondary
marketplaces are some of the approaches used by automated ticket scalping BOTS.

What does BOTS provide the digital copyright?

pg. 71
 - Circumventing safeguard mechanism for purchase limitations as in even having a guts
of more than two hundred pep is prohibited.
- Under the Federal Trade Commission Act, infractions are treated as unfair or
misleading activities. The measure gives the FTC and states the ability to prosecute
such infractions.

6) SOFTWARE – software piracy is very much problematic in many countries especially in

India China and US leading a way. The software which were pirated is almost cost 19
billion dollar especially in the area of North America and the West Europe with 27.3 billion
dollar in globally. As per the 2018 global software survey the unlicensed software account
as per 37% and of software installed and on the personal computer.
The software piracy doesn’t include employment of the hacker and the expert coding. And
the normal individual person with his computer, or laptop can also be a software pirates
and if there are not know of the restriction of the software. As per the pervasiveness and
its vital to understand that what software is pirated what are the harmful poses.

Software piracy is classified into five kinds. This variety of pirating tactics explains why some
users purposefully pirate software while others may be unintentional participants.
Accomplices.

pg. 72
WHAT IS P2P (Peer-to-peer)

When Shawn Fanning, an American college student, founded the music-sharing service Napster
in 1999, he brought P2P file sharing to the broader world. The P2P is basically used as an index
server which helps the user to find the name of the music with the owner’s name. In case index
which was found on any other network or any other desktop which was connected to the same
network then the user can download the copy while using her or his own desktop files.

The digital currency Bitcoin is a decentralized network in which each node maintains a ledger file
of transactions. The Gnutella protocol works without a centralized server and permits access
through a variety of software clients, making it almost hard to shut down. BitTorrent, which is
often used to distribute huge video files, uses a "swarm" paradigm in which data are downloaded
in chunks from numerous host machines at the same time. To shield users from legal action by
copyright holders, newer sites have developed degrees of encryption and anonymity.

P2p technology is one of the most important tools for promoting the widespread use of digital
media since it significantly enhances the quality and efficiency of digital media distribution.

Software piracy and the disadvantage

Software piracy is very cheap but there are many risk that all the software users should be knowing
and be aware of.

1) It increases the chances of failure of the software you using

2) The chances of malfunction
3) There can be unnecessary access to the updates services provided to customer the bug patch
is now no longer there.
4) There are no such surety that the program will get updated.
5) Malware, viruses, and adware are more likely to infect your computer.
6) PC has slowed down
7) Copyright infringement has legal ramifications.

pg. 73
CONCLUSION

The extensive usage of computer networks, as well as the fast growth of the World Wide Web,
have substantial ramifications for the way intellectual property (IP) is generated, disseminated,
and accessed by nearly every sector of society. Both ideologically and economically, the stakes
are tremendous. Unsurprisingly, there has been a lot of discussion about these concerns in
Congress, among stakeholder organizations, and in the media. However, the consequences of the
information infrastructure go beyond these organizations; they have a significant and direct impact
on individuals in their everyday lives, as never before. Some stakeholders perceive the challenges
via economic lenses, while others see them through philosophical lenses, technology lenses, and
legal, ethical, or social policy lenses. At work, there are a number of key forces to consider,
including rules, markets, social norms, and technology, all of which must be evaluated and may
be utilized to address the challenges. Knowing about all of the dynamics at play may open up new
avenues for dealing with problems; not every issue needs to be legislated (or priced) into
submission. This chapter includes all the technologies which hampers the copyright law of the
copyright right holder.

pg. 74
CHAPTER-IV- INDIAN COPYRIGHT LAW COMPARISION WITH OTHER NATIONS
ON DIGITAL COPYRIGHT INFRINGEMENT

pg. 75
THE INTERNATIONAL FRAMEWORK OF CR IN DIGITAL DOMAIN

As the social impact of modern work online is immense. However, as these innovations come as
risks, and digitalization has played an important role in reshaping society, it has also resulted in a
number of additional difficulties, in violation owner’s right in different techniques online realm.
Many organizations which are international, have been critical in protecting these rights from
being violated like the WIPO. The World Copyright Treaty of 1996 is a treaty created under the
Berne Convention to protect online realm. As rights previously in many conventions like Bern
Conv. they are granted some new economic rights which were the only right as of re-distribute,
the power to give in as rent and the power and right as for publically communicate the work. And
assures that every digital works have the protection for fifty years.

Although digitization benefited many artists and producers, it has also prompted concerns due to
an increase in the number of copyright infringements. Because of the ease with which others'
copyrighted works may be found on the internet, it is now easier than ever to steal them. Anyone
hiding behind their computers may access the data available online, whether it's music recordings,
images, or computer software/programs. As an important reminder that successive changes as
changing the CR right is important and have significantly aligned the provisions with international
treaties and conventions. However, there are several grey situations for which the Act does not
provide guidance. As a result, the copyright rules still have a long way to go before they can fully
safeguard the interests of copyright owners. It must be assured that the laws are followed correctly
and strictly.

INDIAN PERSPECTIVE ON COPYRIIGHT AND FUTURE CHALLENGES IN DIGITAL

PLATFORM

CR ensures that writers' creative original work is protected. The protection effectively encourages
the creative things which means original work's concept and information.32 Copyright to the people
who owns thr right in a work as a consequence of his intellectual labor. The basic purpose of the

32
Eastern Book Company v D.B. Modak, (2008) 1 SCC 1; MANU/SC/4476/2007; Sony Corp. v Universal City
Studios, Inc. 464 U.S. 417, 104 S. Ct. 774 (1984); Fiest Publication Inc. v Rural Telephone Service, 499 U.S. 340,
351 -352 (1991)

pg. 76
CR legislation safeguard products person’s labor, talent, and judgement. 33 Work creation should
be praised and promoted. The aim is to compensate owner/creator a work financially. Thus, it
protects writers by providing real name of the work done but also balancing protection by
restricting it so that no one may monopolies the invention of any works.

However, copyright is recognized as a valuable asset that should be protected with some
limitations and exceptions to benefit the general public. Due to technical advancements, the CR
1957 has to be amended. The tremendous advancement of technology via the World Wide Web
and the Internet has prompted legislators to take expanding scope of the CR protection for digital
media. There are several concerns about whether and how digital works should be protected. In
earlier chapters, the researcher discussed how original works, such as software, have covered laws
at different nations. The researcher will seek to comprehend the influence of technology on
copyright law in India in this chapter. Before discussing copyright difficulties in India, the
researcher refers to certain data that is important in comprehending the problem of copyright in
online. Piracy of CR item results in financial losses for publishers (because to lower sales), writers
(due to nonpayment of royalties), and the national exchequer. According to report, some percent
like twenty- twenty five present material were copied. Survey also detailed the many types of
computer software piracy. In addition, the study included data on computer software income
losses. In 1995-96, copyright violations with respect to imported package software were
significantly greater, resulting in a loss of import tax.

Internet Service Provider and liability issues in India

The courts have faced additional issues in determining responsibility for copyright infringement
as technology has advanced. As previously stated, the culpability may be direct or secondary. Any
copyright violation, whether direct or indirect, is the responsibility of the individual concerned.
However, if a third party facilitates copyright infringement rather than directly infringing on it,
that third party is accountable for secondary infringement. The internet and its ramifications have
had a significant impact on copyright liability concerns. On-line copyright infringement can
happen when a user of the internet copies a work in violation of the Act. Furthermore, the user's
action was made feasible by an ISP that facilitated. An Internet service provider (ISP) offers

pg. 77
network access and operates as a middleman for any electronic information. In the copyright law,
the function of ISP has been hotly debated.

Copyright owners began to hold anyone who allowed or provided space for copyright violations
accountable. This was owing to the difficulties of determining and enforcing culpability against
internet users. The scope of an ISP's accountability in cases of copyright infringement had become
a hot topic. The rationale for holding them accountable was that they were in charge or in a position
to provide services that resulted in copyright infringement. In this scenario, holding an ISP
accountable for copyright infringement would have been extremely severe and, if approved, would
have stifled technological advancement. As a result, liability limits have been contested, and
several nations have passed legislation in this approach.

The TRIPS Agreement, the WCT, and the WPPT have all established provisions for a new
legislation pertaining to copyright in computer programmes, performances, and phonograms on an
international level. Member States must implement provisions for Digital Rights Management
(DRM) according WCT and WPPT. However, the "Internet Treaties" have ultimately allowed
Member States to choose the legislation governing ISP liability. Many governments have created
provisions for copyright protection over the internet as well as ISP responsibility for copyright
infringement. The DMCA (1998) of the United States, the European Council Information
Directive (2001), and “the Copyright, Designs” & “Patent Act”, 1988 of UK, Germany, Australia,
Singapore, and other countries have all made reforms to safeguard copyright owners. The Act does
not define or provide for an ISP's role or obligation. The IT Act of 2000, on the other hand, defines
"network service provider" (ISP) and establishes responsibility. ISP stands for "intermediary
service provider. This does not preclude us from imposing responsibility on an ISP under the Act.

COPYRIGHT AND THE EU'S DIGITAL SINGLE MARKET: A MASTERSTROKE

- PM blazoned and different principles. A linked Digital Single Request (DSM) was at the
center of his program, digital technology & removing walls products. The CR EU changes,
in particular, are ambitious, with the European Commission publicizing a number of
important recommendations in September 2016, In June 2017 EU law that makes it easier
for broadcasters by demanding simply country of origin authorization for supplementary

pg. 78
 online services( similar as simulcasts,- books, games, or catch- up services) that are
available across the EU, In a European Union directive and a European Union regulation
to apply the Marrakesh Treaty, with the former furnishing a obligatory exception to grease
access to published copyrighted plant for people who are sightless, visually crippled, or
print crippled, and the ultimate allowing cross- border dupe exchange between the EU and
other Treaty parties. And the DSM proposes an EU directive on brand (the" DSM offer").
The DSM offer includes the following major vittles as, furnishing fair remuneration rights
in contracts for authors and players; creating an ancillary right for press publishers; taking
online service providers (social networks, platforms, etc.) to take measures to help
violation; new obligatory exceptions to violation; and making it easier for artistic heritage
institutions to use out- of- commerce plant. The Section further makes it plain that ISP can
never be held guilty unless there was alive and have any legal or reasons to believe in that
similar public communication will be a violation of brand. As a result, the following
considerations apply to holding an ISP liable
- An ISP allows any copyright work to be used by its users over its network
- It knows that the talking with the public will revert his copyright
- Such service (place/space) was provided for profit

As a result, if an ISP permits its services to be used to store and transmit copyright content in
violation of copyright law, they may be held accountable if the preceding requirements are met.
An ISP may potentially face criminal charges if it intentionally infringes or aids in the violation of
copyright. Similarly, anybody who knowingly disturbed copyright of digital programme commits
an infringement that is punished by law. A reference to the IT Act clarifies the situations under
which an ISP might be held accountable. "No person offering any service as a network service
provider shall be accountable under this Act, rules or regulations imposed thereunder," the IT Act
said at the time. As a result, the IT Act only dealt with cybercrime. The IT Act made no mention
of copyright infringement or whether or not this section applied to copyright law. The usage of the
phrase "under this Act" has caused some misunderstanding as to whether the legislation applied to
other areas of law in the digital age. The IT (Amendment) Act, 2008 has updated the previous
Section 79 and now states that an ISP is not accountable, connection it makes hosts. This
exemption is only possible in the following circumstances: When performing its responsibilities
under the IT Act, the intermediary exercises due diligence and follows any additional

pg. 79
recommendations that the Central Government may provide in this regard or By threats, promise,
or authorization, the intermediary has plotted, assisted, helped, or urged the performance of the
criminal act.

As result, the IT Amendment Act of 2008 has lifted the restriction that such activities must be
limited to the IT Act. Now, when resolving a case involving an ISP's culpability, the courts can
use the IT Act to interpret copyright infringement on the internet. The DMCA, EU Directive, and
the United Kingdom's CDPA, 1988 all follow these principles. If the ISP fails to promptly delete
or disable access after learning that the content is infringing on copyright, it will be held
accountable.

Actual or constructive knowledge is referred to as known. It indicates that an ISP was aware of, or
had cause to suspect, that the information content delivered was illegal. Any reasonable actions
taken by an ISP to avoid any violations are referred to as due diligence. This is a legal obligation
placed on the ISP to prohibit the transmission or dissemination of illegal content and to minimize
its responsibility.

HDC has established a database of more than 200 plants on its website in Himalaya Drug Company
(HDC) v Sumit34 The database was duplicated and uploaded on the website of an Italian firm. The
Italian corporation was directed to stop infringing. Following passing of this ruling, the ISP in the
United States deleted the content and gave information on the infringement. The DMCA in the
United States that in case if ISP received a report for violating content via any net work it must
remove it immediately or face legal action.

"One who distributes a device with the object of promoting its use to infringe copyright, as shown
by clear expression or other affirmative steps taken to foster infringement, going beyond mere
distribution with knowledge of third-party action, and is liable for the resulting acts of infringement
by third parties using the device, regardless of the device's lawful uses," the held in consim pvt ltd.
Vs the google India pvt ltd35.

34
2006 (32) PTC 112 (Delhi); MANU/DE/2794/2005
35
MANU/TN/1816/2010, (the case dealt with trade mark infringement) Quoting Melro-GoldwynMayer

pg. 80
LAWS RELATED TO COPYRIGHT IN DIGITAL ERA INDIA AND US

The Indian Copyrights Act of 1957 protects copyrights in India. Because of technological
advancements, copyrights were extended to broadcasting and telecasting on television and radio
platforms in 1994. This statute was completely consistent with the TRIPS Agreement in 1994.
Large trading groups, have filed lawsuits in corporation’s people as a result of widespread online
copyright thief. However, the destruction of Napster was merely a short-term success. The music
and entertainment industries have increased their efforts in result such p2p platforms. Hyper-
linking and framing are two new difficulties that have arisen as a result of the Internet. A link is a
connection between two separate files' content. A link might take you to different folder on at time
website and send to different computer folder across net. Many circumstances, providing the
hyperlink to different site as comparable in merely that visitor may access the same site. As in the
WWW is founded links, it relies them. At sorts connection, however, might result in major
copyright and trademark difficulties. Their own webpage (via a link). In such circumstances, the
owner of the connecting website is effectively utilizing another strategy is framing, which involves
dividing a webpage into two or more portions, each of which displays live material in different
websites in showing in the internet. Copyright difficulties may arise if you frame content from
another person's website. Framing can also cause trademark difficulties like passing-off, which
occurs when the reader of a webpage is misled about the source of the material and show the CR
info. Which is in actual of some different person without their consent. The DCMA strengthens
safeguards for phonograph and performance copyrights, among other things. Copyright anti-
circumvention technology are likewise covered under the DCMA. In addition, the DCMA
established restrictions on net providing company liability as for any CR infringing at any place.
As in no other legislation in India that protects digital copyrights, however the United States has a
distinct statute known as the DMA in Copyrights. The act sections one zero four mandates the
creation of a Register of Copyrights to make it easier to access information about existing
copyrights and determine whether they are original. The DMCA also gives the CR right to submit
a notice to the infringement, requesting that they remove the content. The US SC in a case of feist
publications vs the rural telephones services as the data which fulfills the job of choosing and
arranging material can be considered creative work and so copyrighted. The United Kingdom has
an adequate copyright renewal procedure and institutional safeguards. To safeguard press freedom
and information transmission while also preventing the spread of fake news. And, restoring the

pg. 81
equality interests in all CR owners & social media sharing by individuals and companies while
preserving the country's digital economy's continued growth is critical. The British government's
efforts to enhance the copyright protection process include combating internet piracy. PACT is a
creative membership group dedicated to actively preserving the work of copyright owners. Other
significant communications regulatory authorities, such as Of com (Office of Communications)
and the Advertising Standards Authority (ASA), have digital content requirements. The BCAP
and CAP (Broadcast/Code of Advertising Practice) give marketing and advertising direction, while
the ASA (Advertising Standards Authority) supervises advertising.

ITALY: COPYRIGHT LAW UPDATED FOR DIGITAL ERA

Legislative Decree No. 177, implementing EU Parliament, went into force in Italy on November
8, 2021. The new legislation incorporates substantial modifications to copyright law, primarily
affecting IPR in digital platform, response to European Commission's appeal for member states to
comply with European Union (EU) Lawson CR. As soon the works or other materials are
organized and marketed to profit directly or indirectly from them. Store and make public vast
amounts of copyrighted works or other protected items that their users submit. This exemption
does not apply to internet marketplaces or numerous uses in exchange copyrighted material.
OCSSPs are accountable for unlawful acts of public communication and for making works. Out-
commerce works are those that may be presumed in good faith are not available in their totality to
the general public through the ordinary commercial channels inside the EU, in any version or
storage media. Out-of-commerce works are those that have been unavailable in commercial
channels for at least ten years. A license for out-of-commerce works or other materials issued in
Italy or another EU nation may allow cultural preservation heritage organizations in any EU
country to utilize them. The Italian Authority for Guarantees in Communications to Parliament is
required to provide a file in Italian Parliament in 2 yrs on impact of legislation, in criteria and
methodologies for assessing appropriate pay for news publishers, authors, artists, and performers.
The Internet and its ecosystem are a continually changing terrain where content creators and
consumers are constantly confronted with dynamic technology innovation and quick economic
expansion.

pg. 82
DIGITAL RIGHTS MANAGEMENT

Since 1996, much research on copyright protection and authentication has been performed. Digital
Water Mark Technology, Cryptography, Electronic Marking, Digital Signature, and other related
areas have become more important to researchers and vendor consortiums. Content owners utilize
different protection measures Digital combat widespread illicit copying of media assets. The
World Intellectual Property Organization has suggested certain methods to safeguard the internet
users from illegal access whether the purported fair dealing competes commercially, earlier,
quantity significance the authentic one is stolen.

What is encryption- basically cryptography is used mainly to protect the programs. It’s an
algorithm to swap words for a code procedure. The people should make the payment before them
receiving access to information via the lock and key. Cryptography one of the way which is old of
ensuring in transmitted via networks. Intellectual property rights have been protected via
cryptography. To prevent unlawful watching, cable and satellite television transmissions are
frequently scrambled. This entails encrypting data to make it unreadable or unintelligible in a
language that only the genuine user can decode. This is a standard method of protecting private
information against computer viruses and illicit software copying. Cryptography, on the other
hand, merely safeguards the work during transmission. It provides no protection after the work or
digital item has been decoded. Another option is to utilize encryption protocols, in which the
document server encodes, encrypts, compresses, and delivers the data to a registered user, who
then decrypts it using software provided by the network service provider.

What is labelling- when the author adds any label on his work which means that it is available to
be copied and used for any type of non-commercial use or private usage. The owner’s website
should always have a certificate that he own this work which he has made or uploaded in his
professional site. The author should always explains the terms of restrictions to the second person
who so ever is using his work.

What is Identifier of the digital object- this term DOI is basically means that there should be any
kind of techniques which indicates that the work is protected or not protected by copyright. The
info. And the sources, link provided by DOI may change over time but the copyright identification
will remain the same as the authentic work.

pg. 83
Digital signature- Electronic signature is another term for digital signature. Digital signatures are
now required for rapid growth in internet. It provides safe and reliable solutions, as well as
authentication and integrity of digital items and sender identification. It is an electronic data that
is connected to a digital item and serves as an authentication method. The most acceptable method
of technological security for copyrighted work in the digital age is now digital signature.
Cryptography, the process of encryption and decryption, may be used to define digital signatures.
Information is sent through an encryption process to generate an encrypted copy. The idea is make
the data unreadable to everyone except those who are designated. Information gets converted from
one location to another through this process, and only the sender and receiver may view it.

Time Stamp of work- It marks a work with a date and the state it was in when it was first stamped.
It’s quite similar that the author the original holder of the work who wrote it when he alter when
he email and sign a legal contract with the other part.

The watermark- It can establish authorship and track copies back to their source. A digital signal
or pattern buried directly in digital material is known as Digital Water Mark Technology. Any
multimedia output, such as still photographs, audio data, video data and video clips, and text
documents, can be used as host data. Any helpful information can be used as a watermark to
confirm the owner's identity. The embedding watermark is the crucial aspect in this Digital Water
Mark Technology since the digital item and water mark are never separated. The watermark is
invisible after it is incorporated in the digital item; the original content is referred to as the cover
of the digital object, and the embedded message is referred to as the watermark. Cover refers to
the final cover after watermarking. The transfer of the original into another form is required for
watermarking the Digital Object. It differs from public key encryption, which also changes the
original file's format. Encrypting digital items has become widespread practice in today's digital
world, making them unseen without decryption. Digital Water Mark Technology can identify
copyright violations in digital artefacts such as music files, photographs, films, and 3-D models.
They are an unnoticeable signature that is implanted in a digital object in such a way that it is
resistant to unintended modification: Only the copyright holder has access to the key that allows
the watermark to be decoded and/or removed.

pg. 84
Conditional Access- in the conditional access the users only gives their limited concession or you
can say they give their some amount of permission as per the law of such rights to read to sign or
to make some alterations but no such additions of rights.

Low Quality versions- The information on websites must be of poor quality and contain only
enough information to indicate to the viewer whether or not the material is useful to him. If it is
something he needs, he must subscribe to or pay for it in order to use it.

Electronic marking- Electronic marking and identification is used to disseminate electronic

materials over the Internet while also preventing illicit duplication. In this method, the computer
produces an indistinguishable mark that is automatically linked to each digital object. The recipient
of an illegally duplicated digital asset is likewise recorded by the computer. An unlawful user will
have a tough time locating the unique marking system in the user's digital item. Copyright as well
as electronic publication where digital objects are printed or faxed are protected using this
technology.

- The fundamental contrasts between real items and digital material are summarized here.

pg. 85
CR REFORMATION PROPORSAL

Many nations did modified, or suggested change CR laws favors more flexibility36 during the
1990s. Several Australian law reform and legislative committees had previously recommended a
more liberal copyright exception37, similarly, sometime of writing, Singapore is conducting
consultations on improving just provision38, in the Study of Hargreaves, undertaken at UK likewise
suggested different type of low which were not rigid for CR law for more similar types of goals in
US. Albeit review was precluded from advocating such a system in name due to European Union
legal constraints.3940 The most current changes to New Zealand's Copyright Act 1994 (NZ) were
introduced in 2008, with the goal of modernizing the Act to deal with digital content. In 2013, an

36
See, eg, Copyright Act 1967 (South Korea) art 35–3; Copyright Act 2007 (Israel) s 19; Intellectual Property Code
of the Philippines, Republic Act No 8293 (the Philippines) s 185.
37
Copyright Law Review Committee report on Simplification of the Copyright Act Part I: Exceptions

39
Prof. Ian Hargeaves, ‘Digital Opportunity. A review of intellectual property and growth”, May 2011, p5. [online]
Available at
40
Nakayama, Nobuhiro. (2014). Copyright law. Tokyo

pg. 86
evaluation of the modifications' effectiveness was scheduled. However, this evaluation was put on
hold while the Trans-Pacific Partnership (TPP) agreement was being negotiated.41 "It is probable
that many of the rules pointing forth exceptions to copyright are now out of date with modern
technology," the New Zealand government said.42 Meanwhile, the TPP's future is also
questionable, as the US has declared its exit from the deal.43 Despite this, the new Zeeland
expressed very much incorporated to work and deal with the other nations also.44

NEED FOR INTERNATIONAL HARMONIZATION

Copyright protection has grown increasingly problematic due to the Internet's international nature
and ability to disseminate works relatively instantly. The issues caused by recent technical
advancements Individual country decisions will not be able to fix problems. Even though
copyrighted works are protected in their native nation, they are vulnerable to outside infringement
on the Internet. As a result, a balance must be struck in same infringement & expensive
enforcement uncertainty. At disputes to some extent, these uncertainties are inherent in all legal
proceedings in many case, they are not. In other instances, there at least more precedence for
favorable outcomes. The more the ambiguity regarding enforcement methods, relevant laws, or
probable outcomes, the less likely copyright holders are to takes the advantage of enforcing the
right abroad. The CR owner had the issue of not just possible disadvantage of revenue and of failed
litigation. If all of the defendants lived in the nation where the court issued the decision, enforcing

41
Young, Chris (2013) New Zealand government delays copyright law review. Available at:
http://www.minterellison.co.nz/New_Zealand_government_delays_copyright_law_review_07- 31-2013/ [Last
accessed 14 February 2017].
42
Ryburn, Amy (2016) Copyright review – changes afoot post TPP? [online] Available at: https://techblog.nz/1058-
CopyrightreviewchangesafootpostTPP [Last accessed 14 February 2017].
43
BBC News. (2017) Trump executive order pulls out of TPP trade deal. [online] Available at:
http://www.bbc.com/news/world-us-canada-38721056 [Last accessed 23 May 2017]. 37 Young, Audrey (2017)
New Zealand’s post-Trump trade deal status. [online] Available at:
http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11799837 [Last accessed 14 February
2017].
44
Young, Audrey (2017) New Zealand’s post-Trump trade deal status. [online] Available at:
http://www.nzherald.co.nz/business/news/article.cfm?c_id=3&objectid=11799837 [Last accessed 14 February
2017].

pg. 87
it would be simple. It would likewise be simple in the case of international defendants when owned
give in that country

INDIAN CASE LAWS

Super Cassettes v. Prime Cable Network CS (COMM). No. 594 of 2016 Decided On, 28 February

2020 at, High Court of Delhi- Plaintiff had a business that made and sold cassettes and CDs, as
well. The other party was Uttarakhand cable Network Company. Plaintiff owned the rights to
various Hindi and other regional language films and songs. They used to license this programming
to numerous TV stations and radio stations. Plaintiff has submitted many notifications to the
Defendant in order to get the licenses. The Plaintiffs conducted their own investigation and
captured the content that was shown on their channel, which was later used as evidence in court.
The plaintiffs were awarded damages as well as a permanent injunction against the defendants.

Disney Enterprises v. Kim Cartoon and Others on 27 July, 202045 - Disney Enterprises was
founded in various parts of the United States and makes films. Kim Cartoon, two other websites
used to host pirated movies on their homepage, allowing viewers to watch them for free. The
Plaintiff also named as defendants the Ministries of Telecommunications, Information
Technology, and a number of Internet Service Providers. The Plaintiffs alleged that such websites
were exhibiting viewers Disney's copyrighted property without their consent or required licensing.
The Delhi High Court ruled that the websites were infringing on Disney's copyrights and ordered
them to stop conveying any copyrighted materials of the Plaintiffs on their websites in any way.
The court issued an interim injunction to ensure that no further content was unlawfully streamed,
and Ministries were directed to restrict service providers that enabled this.

Microsoft Corporationv. Satveer Gaur 26 May, 2020- Complainants were Microsoft Corporation
of Washington, USA, and its Indian accessories, Adobe, and Quest Corporation. The defendant
was Chetu, an Indian pot that supplied IT and software- related services to guests. The
Complainants claimed that the Defendants had appropriated their brand software and retailed it
without authorization or licenses in similar packaging. The Complainants' goodwill was damaged,

45
CS(COMM) 275/2020

pg. 88
and their business suffered as a result. Complainants employed the Alliance's Business Software,
which was developed to combat pirating and was used to report lawless uses. Commissioner had
looked into the Defendants' computers and established that they were exercising unlicensed
content. The Defendants were impelled to pay compensation to the Complainants as well as a
endless instruction.

THE NON EXPRESSIVE USE OF THE CR MATERIAL FOR THE INNOVATION

pg. 89
 CHAPTER V- DIGITAL COPYRIGHT WORLD WIDE

pg. 90
WHAT ARE E-BOOKS (US)?

The DRM is a kind of criticism, and its ostensible benefit is to publish and the kind of distribution,
in simple words e-book is basically a kind of book which is made electronic which is available in
the net connection so that the users can have the use document or book easily. It is made in
application in mobile app or IOS or windows format available to everyone publically for all
purpose, educational purpose or personal use. It basically came in access at the time of 2011 to
30% of all kinds of books and more the thirty percent at 2013. And increased use of e-book was
found.

A small problem, according to Rubin, is not with the technology; it allow features to supplement
in video networking. Problem is with commercial mechanisms that underpin e-book publishing
and distribution. For example, the e-book you buy may be accessible readable on gadget. No access
to read on whenever and it can’t be read at any time whenever you want to read it.

Simply words e-book is a book that has been created or converted online to use. According as data
gathered too far by national publisher’s organizations, (about 1% in 2010) in most OECD nations
outside the United States. E-books account for a somewhat higher share of the book market in the
United Kingdom, according to figures. On May 19, 2011, Amazon stated that e-book sales have
surpassed all other types of print book. The industry is expected to nearly treble in size by 2015, 3
billion dollars. In the overall "trade" or "consumer" category, there are several evidence that e-
books are not replacing print book demand. While there is insufficient evidence to draw any clear
conclusions about trends at this time, certain recent industry estimates suggest increasing sale.
Despite popular assumption, publishing business in the United States expanded in 2009 and 2010,
with e-book sales totaling USD 1.6 billion.

pg. 91
NEW SOURCES OF REVENUE

In order to benefit from digital consumption, copyright-intensive sectors have experimented with
several revenue strategies during the last decade. These systems complete "paywall," no material
without paying, the whole data is there for free as money. The music business, where there are
multiple subscription-based services, excellent a "paywall." People may have complete catalogue
for a monthly subscription using these services. Many subscription services additionally provide
net access. Different net provide smaller lower monthly charge, memberships in week, depending
on customer demand. In both video and digital music, subscription services are the fastest
expanding segment. There were over 2500 data of videos providers available as 2013, European
Union alone has at least 530 music subscription services (Enders, 2013). Bundling. Aside from
subscription-based services, where paying for access to material is required, another noticeable
development is the introduction, in which CR sectors take money and the method enables for the
development of long-term paying clients while simultaneously taking use of the potential
advertising income provided by visits from more casual users. The Financial Times website,
FT.com, for example, is exclusively accessible 10 articles per month. Many services, on the other
hand, provide a free advertising-supported model in which customers join up for a service and
receive most of its features in exchange for listening to (or seeing) a set number of advertisements.

Sri Lankan CR

There are many specific laws which covers the SL laws as under section 23 of the SL law act
which explains about the CR owner and the technical methods which protect the copyright.
However, the Act merely forbids the manufacturing or importing of any circumvention device or
method for sale or rental, not actions of circumvention, this method was identical to that of
Australia Australia's present legislation has strict anti-circumvention provisions are almost same
as US. The fundamental flaw in present SL CR didn’t says country's socioeconomic situation and
unique demands. This is especially true in areas like fair use, library exceptions, and educational
exceptions such as distant education and technical protective measures. The major source of this
flaw appears to be the haste with which the legislation was written and passed. As in ways both
the country the US and Sri Lanka have treaties as WIPO CR treaties 1996 as in but in way they
give advantage. Lobbying from numerous interest groups inspired the creation of this legislation,

pg. 92
which resulted in it taking its current shape. Long and constructive conversations, debates, and
research by and among stakeholders preceded and moulded the Australian Act, much as they did
in the United States. The World Bank's vice president and top information officer stated that it is
past time for every Sri Lankan to have Internet connection. This remark highlights a fundamental
difficulty for Sri Lankan policymakers. The task is to ensuring that the advantages of global
technical advancements contribute to the well-being of the country's twenty million residents. The
copyright law is the primary weapon utilized by other nations to address this issue. The present
copyright legislation, the Intellectual Property Act of 2003. As a result, unlike their Australian and
American counterparts, they were not formed by the demands of the people for whom they were
meant.

RMI AND TECH. PROTECTION MEASURE

In digital world, the "right of communication" expanded copyright owners'. As addition, there are
additional regulations relating to technical protection measures that allow copyright holders to put
their rights into effect. Sri Lanka's current copyright legislation, the Intellectual Property Act of
2003, incorporates a number of sections dealing with technical safeguards. This is a unique aspect
of Sri Lankan copyright law that will improve copyright owners' protection. Any equipment or
technique intentionally intended or modified to evade any technical protection measures is
prohibited from being manufactured or imported for sale or rental under the laws. The strict anti-
circumvention measures described are as same found in different nations as US and Australia.

Secondly given disparities in economic and social situations between these nations, it is unclear if
these provisions are adequate for dealing with challenges that demand different answers. One
distinctive feature of Sri Lanka's regulations is that they are devoid of any exceptions, making
them function roadblock to lawful objectives. As a result, apparent rules has an impact at Sri
Lanka's CR, which would influence the country's socioeconomic growth. As a result, apparent that
these laws will have an impact on Sri Lanka's copyright balance, which would influence the
country's socioeconomic growth.

pg. 93
The prevention of circumvention as the tech. protection

Rules passed recently to outlaw the circumvention of technical protection systems signal another
watershed moment in copyright law. These can be correctly comprehended in both national and
international contexts. According to the previous Australian Attorney-General, these Treaties
establish new international norms as for the CR protection for the internet.

The European Union's Copyright Directive 2001, Dec. 2002, attempts to apply a variety of new
international duties, among other things. As there were the outcome that so the identical of those
which include the WIPO as example the CR directives of 2001 imposes requirements to prohibit
the circumvention of technical protection systems aimed to prevent copyright infringement and
interfering with rights management information, among other things.

The European Union's Copyright Directive of 2001 has been regarded as "an important step toward
unification of European copyright law." This will entail a review of how well new copyright law
established by various states addresses the most pressing copyright challenges in the digital age.
These are major concerns, and it is argued that the efficacy of the technique used to handle them
will determine how long the legal answers to them will last. Anti-circumvention provisions have
received mixed reviews from commentators.

US, SRI LANKA AND AUSTRALIA ANTI CIRCUMVENTION PROVISO

US

In its current form, the measure is the method through the exports. Examining the legislative
process Litman said of process that led to the passage as follows:

“Copyright owners secured new rights defined in language designed to prevent the discovery of
loopholes, and granted a diverse roster of powerful player’s narrow, detailed and
incomprehensibly drawn exceptions”.46

When examining the degree US statutes restrict technical protection, this appears to be a true
statement. In order to execute the WIPO Treaty rules on anti-circumvention methods, there would

46
The litman , digital copyright

pg. 94
be a new rule which was later added as chapter 12 to the US code 1998. Following this change,
the United States Copyright Act now includes provisions to regulate unauthorized access to
copyright content and to prevent the unlawful exercise of copyright rights. The other restrictions
address circumvention devices and services, whereas section 1201(a) (1) (A) outlaws actions of
circumvention. While the former outlaws circumvention of access control measures, the latter
covers both 'access controls' and the protection (often known as 'copy protection measures' by
authors). Circumvention devices and services are forbidden from being provider and there are two
sorts of prohibited devices and services.

Digital storage and transmission of works are the technologies that are currently causing concerns
for copyright law. We've seen how the first digital versions of recorded music sold to customers
on compact discs (CDs) in the 1980s and 1990s became the "masters" after making many copies
of the same in their computer.

As result, Digital Millennium Copyright Act only prohibits circumvention technology that are
"mainly developed or created for the purpose of bypassing protection" and "have only limited
economically significant purpose or use other than circumvention." The constraints described
above rightly acknowledge that certain technologies may, and most likely will, have other
acceptable applications. "Circumvention of a technological measure / protection afforded by a
technological measure" "effective access controls / protection of a copyright owner's right" have
been given. These rules provide copyright owners more protection at price the owner says,

This reasoning, never was applicable for the countries which were developing like the country Sri
Lanka, where "a small export base and undue reliance on a few markets remain serious hazards."
It is necessary to study the legal interpretation of the US regulations in order to comprehend their
inappropriateness to developing countries, particularly Sri Lanka.

In addition, Justice Fernando has observed that, in reading Article 14(1) (a) of the Constitution:

“Information is the staple food of thought, and the right to information is a corollary of the freedom
of thought guaranteed by Article 10 of the Constitution”.47

47
Fernando v SLBC (1996) 1 Sri Lanka Law Reports 157 at 179.

pg. 95
Supreme Court Sri Lanka, a country's highest court, has determined that a right to knowledge is
latent in the basic rights of free expression and free thinking guaranteed by the Constitution. This
judicial approach may be used to justify a more lenient reading of section 23 of the Intellectual
Property Act of 2003's anti-circumvention provisions. In contrast to the additional offences
designed to preserve technical safeguards that protect a copyright owner's right, the restriction on
evading control applies even it isn’t copyright owner's is concerned.

As a result, the restriction on circumventing access control systems clearly provides owner in new
standard for protecting his work which was not given under the earlier laws of CR act. Because
legislative safeguard allows owners work to circumvent situations when the suit would fail,
copyright holders' effective reach would be expanded. To be precise this can hamper the owners’
rights his remedies the limits and the defense he got under the copyright law. It seems likes the
law protecting the owners’ rights to use digital protection measures rather than copyright law to
protect their rights. Works in Multimedia Digital technology have given rise to works that are far
more versatile than before. As a result, restriction on circumventing access control systems fluently
provides owner the legal position for safeguarding that he don’t have in former copyright law.
Because legislative safeguard allows owner to abidance situations when suit predicated on brand
law would fail, brand holders' effective reach would be expanded. Fluently, this would affect the
rights holders' and brand stoners' situations. Nowhere its aims in vitiate being lawful limits, and
defenses in brand violation, negative to the legislative purpose. It seems like the law rules securing
the digital protection have effect of allowing the owners to use the tech. protection instead of the
copyright law to cover their rights Factory in Multimedia Digital technology have given rise to
factory that are far more versatile than ahead In a manner that former generations could not, the
user may' interact' with the work. He has the capability to make acclimations and variations, as
well as construct a new work from an old one. Multimedia works, by description, are factory that
include factors from several groups of factory, analogous, images etc. one art that results
transcends categorization. Perhaps this would not have been such a big deal if all classes of factory
had the same rights. Still, in India, the law distinguishes between distinct groups of factory in terms
of laws.

Illustration, for erudite differ from them to films. Payment rights do not live in erudite factory,
although they do live in cinematographic films. On the other hand, the criterion of authorship

pg. 96
differs between erudite, theatrical, musical, and aesthetic factory, which might give an issue.
Multimedia factory are sometimes distributed as computer programmers since they are digital
products. As Copyright has other law another laws for rights with owner of the computers
programmer’s versus erudite factory, this might be a doable volition. Still, enterprises may crop
over the retention of distinct imprints in factory integrated in the multi- media, as well as the rights
of performers36 in the product, under section 13 of the Act. Many multimedia compositions were
made by the pervious factories. When more and more multimedia factory are developed as new
complicated bones, the situation will get much worse. The categorization of multimedia factory is
a problem that requires further exploration.

THE USA & EURPOE ISP LIABILITY

Wherever litigation challenging as that period of time the liability of ISP increased in US and
Europe. There were some defense used as to ISP maintain that they are only “passive carriers”
other than publisher and "Supplying the site and facilities for direct infringement is materially
contributing' to the infringing behavior and must incur responsibility," the court concluded in
Fonovisa v Cherry Auctions. In the instance of Sony v Universal Studios48, however, the court
disagreed, ruling that "merely giving tools to carry out infringing action was insufficient without
constructive awareness of the infringing behavior." Secondly it’s very hard to assure none of the
material passing through its servers infringes on anyone's copyright. Given the massive amounts
of data that run through their networks. Furthermore, even after screening, perfect accuracy is
impossible to obtain to avoid the cases which were of copyright infringement. At some time in
case religious tech. service center vs the NetCom it was said that the info which were provided can
only have a chance to post and have no such power on what the individual says on online.
Therefore as the outcome we can see that the ISP only two defense as mentioned above is almost
not possible to maintain. And the (DCMA), went back in 1998, governs for copyright infringement
in US online. Title II of DCMA, often known as the "Online Copyright Infringement Liability
Limitation Act", says to limit the copying. Again under section 512 of the said act, it allow the
online limitation library and similarly each act limitation liability monetary damage is there while

48
464 U.S. 417 (1984)

pg. 97
also limiting the chances of remedy for injunction in other ways. The OCILLA provides as a safe
internet service as long as they are following the rules. If they prohibit allegedly infringing material
after receiving information from the copyright owners, they are shielded from copyright liability.
Also the OCILLA provides us the provisions for the counter notifications and which the exempt
service there user they receive notice from the user assisting the material.

There are many other things about the DRM that it is a group to access the control methods mainly
which are used by the hardware manufacturers, the CR holder the publisher and it also restrict the
usage when it is not purchased. These rules helps the IP law to direct incorporate the internet
content for sale.

By limiting users' interactions with online information, current DRM solutions aim to prevent
intellectual property rights abuses. The e-Commerce Directive of 2000 establishes responsibility
in EU internet users. There are some internet commerce heads which was ruled in 2000 and also
established a framework for the internet for giving the internet user some liability for usage. It has
created an equal law for the internet service and for the electronic contracts and the liability
restriction. The Directive exempts service providers from responsibility in both absolute and
qualifying terms

FAIR DEALING IN DIGITAL ENVIRONMENT

There were some group of people who found the JISC which stands for the joint info. System
committee and another one which was PA which stands for publishers association in the United
Kingdom to search the using of fair rules and privilege the rights in the online platform which was
digital world. They have produced their own fair dealing as per the electronic enviro. Guidelines
in the 1998, and that can used in India also. The fair use and the not fair used from JISC and PA
includes this.

pg. 98
THE US CR LAW CHANGES

There are almost the 262 years US history of copyright as the technical advance and changes in
the behavior of the buyers have constantly compelled the congress and as the court have to accept
the new types of copyright work and the new distributions and the method of consumption.

The CR 1976 act

In previously stated, copyright grew to embrace a range of new technologies throughout the
nineteenth century, including mechanical replicas in musical works then finally in films. However,
in comparison to the huge developments of the twentieth century, these modifications were minor.
There are the invention of the new radio, the TV, the cable TV, the VCR which is probably knows
as the video cassette recorder, the computer, the software of computers, also the video games for
computer the compact disc, the DVR which is known as the digital video recorder. The evolution
of the CD the iTunes media payer the music, movie and new forms for creative contents and many
more changes emerged in US copyright law.

There at the 1960 and the 1970 at the time when there was introduction of cable. Earlier the court
decision in the case of fortnightly Corp. vs united artists in 1978 with the case of teleprompter v
CBS in the time of 1974 concluded that the TV program from cable TV network never constitute
a program and so they didn’t infringe any CR in broadcast. As the CR of 1976 is considered as the
most reliable modification of copyright law since the 1909and this ability for recognizing the cable
broadcast is for copyright protection work performed in by the cable TV.

The CR act 1976 made had this idea for adding the modification in the law. It has the US into
compliance with the International CR law rather than just being a part of it by collecting the CR
protection as soon it work to reduce to concrete from registered and making the fair use into statues.

Computer software rental act 1990

Invention of computer software and the next big copyright problem arose. Software firms and
independent developers petitioned Congress to prohibit copyrighted software from being illegally
copied. The computer software rental act 1990 got enacted it making it illegal to rent, lease, or

pg. 99
lend a computer program for commercial benefit without permission. The single person on other
hand have still the ability of the copying in for own use and then lend that software others.49 The
aim was that this would put a stop to the pervasive software piracy that was costing American
startup of some 1 billion dollar in a year in sale and renting the data. Then as regulation most likely
reduced piracy within in US. At any cost the piracy was started globally

Extending copyright

The Sonny Bono Copyright Duration Extension Act was passed the same year as the DMCA,
adding an extra copyright work, till the author dies and plus 70 years. It actually was copied
"Mickey Mouse Protection Act" by characters of Walt Disney and content, which fought hard as
measure. And maintained CR was established to serve a public purpose for people in the past
should continue do so in future, as it did in the past. The New York Times phrased it this way:

“Senator Hatch makes the public domain sound like a black hole where melodies vanish, never
to be heard again, when he laments that George Gershwin's 'Rhapsody in Blue' would shortly
'slip into the public domain.' When a work enters the public domain, it implies that anybody may
use it freely, thereby giving it new currency."

As fervent supporter in IP right, such as NYU School of Law Professor Richard Epstein, who was
named in greatest thinker the contemporary era as magazine, he thinks fit that the CR terms should
be for 70 years and lifetimes.

"In my opinion, no business property right should ever be linked to life, and the additional 70
years are just too lengthy," he claims. "It has the potential to establish an anti-commons,
robbing the general public of their right to freely access artistic works."

49
Library of Congress. (2003). The Computer Software Rental Amendments Act of 1990: The Nonprofit Library
Lending Exemption to the “Rental Right”. Retrieved from http://www.copyright.gov/reports/software_ren.html

pg. 100
Many corporations, the anger of customers, willingly integrated features. Some electronic book
readers (e-books) restrict users to reading books on specific devices exclusively, limiting. Indeed,
iTunes, a popular platform for managing with different other music data, use a DRM scheme song
transfers to only five approved machines. "The objective for DRM methods is to enhance profits
for those who impose them," says the Free Software Foundation, "but their profit is a side issue
when millions of people's freedom is at stake." However, reasoning undermined in simply that if
the owners can’t make a livelihood out of it the vast majority in quit generating see jobs supplement
their income to pay the rent.

US Recent Copyright Laws

In the next years, the issue over DRM expected take discussion. Meanwhile, there are three more
copyright-related legislation that have been approved in the previous decade or so. The measure
aimed at the fast-growing field of online education, which has 12 million students and is quickly
expanding. In the next years, the issue expected take some CR decision. Meanwhile, there are three
more copyright-related legislation that have been approved in the previous decade or so.

MEASURES FOR CR INFRIENGMENT IN DIGITAL PLATFORM AND LAWS.

Copyright owners have discovered efficient techniques to restrict the use of their copyrighted
content using technology as simple replication.

Some work which are new/ novel- In the visual arts, innovation has traditionally produced alternate
methods of artistic invention, which have been vulnerable. The expansion photographers resulted
in production "photographs," resulted in production group of work in the cinematography he
movies the films movie and many others. The fast growing of the digital tech. is creating unique
work like the new types of computer programs new databases multimedia works which was the
first to be concerned about the copyright protection

Work related to computer - The international community has debated the best effective intellectual
property rights framework for safeguarding computer programs for a long time. When stored on a

pg. 101
machine- readable media, it represent, specified thing and end, affect. There were arguments for
and against patent and brand systems, as well as a new system for securing computer law.
Following lodgment during the in the Uruguay round in the nation trade address and the agreement
of the trade which are related to the issue of IPR which finally establish the call that the computer
software can be defended as factory of literature, whether produced in raw or object law. WCT
subsequently said to the comp. Program that they are safe as independent on the media and the
system in which they are distributed.

Database- Database management is another area of work where digital technologies have had a
significant impact. A database is a logically ordered collection of materials, different works that
may be retrieved independently in the virtual world using digital or technical techniques. Manual
data collecting and database creation were inefficient and time-consuming operations. Thanks to
digital technology, database building is not easy. A computer database's two most significant
properties are the application that manages the data and the data itself. Many individuals were
skeptical about the content part's protection, notwithstanding the Berne Convention's regulations
on compilations. As a result, the TRIPS Agreement expressly states that "Compilations of
information as well as other materials that, as a result of this situation or organization of underlying
contents, represent creative works shall be preserved as such, whether in computer-readable and
perhaps other formats."

Multimedia work- in this work which art drama film etc, audio, static photos, and visual media are
all examples of components from various types of artwork. The work the outcomes defy
categorization. This wouldn't have been a significant concern if all sorts of works had the same
rights. When it comes to rights, however, the law in India distinguishes between many types of
works. Electronic works are incorporated text, music, static photos, and visual material work these
outcomes defy categorization. This would not have been an issue if all sorts of works had the same
rights. When it comes to rights, however, Indian law distinguishes between many types of works.
Digital rights management refers to methods for controlling the copying, modification, and
distribution of original works. According to writers and creators of creative works, DRM solutions
are required to protect their rights by prohibiting the access of the non-authorized duplication of
the work. This block chain invention the digital water marks the access of the control and copying
control are some of most important DRM approach.

pg. 102
 CHAPTER VII- EMPIRICAL DATA ANALYSIS WITH INTERPRETATION

pg. 103
EMPIRICAL DATA ANALYSIS

In this chapter, the researcher will present the questionnaire which was forwarded to different
people, students, associates, professors, IPR specialist, who have graduated in LL. B especially to
Advocates working in law Firms, masters in IPR. The researcher has interpreted the response of
each question given by different respondents. In the last part of this chapter, the researcher has
presented the interview with the Advocates and their reply to the question asked by the researcher
during interview.

 Questionnaire, Response, and Interpretation:

In this part of the chapter, the researcher has presented the questionnaire50, the response to different
questions and interpretation of each question. The question was presented with 4 options on an
average. In total, 21 responses were received. The response is represented in the form of pie chart
with percentage and answers. The researcher has made this questions in context to know how much
people are aware about the digital copyright acts and the act relate to it, to examine that how much
people understand their rights to digital copyright and the safety they have been provided by the
law for their data protection and to give them a legal implications for their data uploaded in the
computer software’s.

Q1. In this question, the researcher has asked about the profession of the person attending the
questionnaire. This question was presented with 4 options and the person attending the
questionnaire had to select one option. Options were: students, faculty, legal associate
and others and the fourth option was left open if the person wished to write the profession
on his own.

50
The questionnaire was created by the help of Google Forms and the link was forwarded to different Advocates via
mail and WhatsApp. The link this questions are given below:
1FAIpQLSeQXLFoTz4qrVP0D26StptmVHKLoSvfHAeiXDObl_r_0XhhKA/viewform?usp=sf_link

pg. 104
 25 people have responded to this question. The response reveals that, 72% of the respondents
are students, which means 8% respondents are faculty. 8% counting as faculty. 12% counting
as legal Associates. Which have responded to the given questioners.

Q2. The second question was asked that what DMCA act is.

25 respondents have responded to the question. Out of 25 respondents, 52% counting as 14

respondents have dealt with yes they knows about the digital millennium copyright act, The
rest 48% counting as two respondents have not heard about the said act.

pg. 105
Q3. Are you aware of The Digital Theft Deterrence and Copyright Damages Improvement Act
of 1999?

This question was responded by 25 person in which 40% means 13 person out of 25 responded
that they know about The Digital Theft Deterrence and Copyright Damages Improvement Act of
1999 rest other 40% as 12 person have responded that they are not known about the digital theft
deterrence and copyright damage improvement act 1999.

Q4. Do Copyright Act 1957 protect Digital Copyright Infringement?

pg. 106
In this present question there are 91.7% person have responded that they are well aware about the
copyright act protect the digital copyright law including the students, legal associates, faculty it
means 22 person have agreed confirmed their knowledge about their rights and the rest 8.3% are
3 person who were not aware about the copyright protection of digital rights.

Q5. Do you need permission to provide a hyperlink to a website or blog?

pg. 107
The question was related to the hyperlinks to website or blogs and 25 person responded to the said
question in which 56% said means 14 person said that there we need permission to provide
hyperlinks to enter websites and blogs and the rest 44% which means the left out 11 person said
there are no permission required of hyperlinks to a website or blog

Q6. Can a library scan an article from a print journal in its collection?

In the above question it was asked that can a library search an article from a print journal in its
collection and 56% responded yes it means again 14 person responded that a library scan an article
from a print journal in its collection and the rest 44% means 11 person said that no there are no
ways in which a library scan an article from a print journal in its collection.

Q7. Is it legal to add a watermark to a digital image you legally acquired from a photographer?

pg. 108
This question was responded by 25 person in which there are 19 person responded to yes it is legal
to add a watermark to a digital image you legally acquired from a photographer and the rest of
the person 25% which means there 6 person have responded that there it is not legal to add a
watermark to a digital image you legally acquired from a photographer.

Q8. Can you file infringement for your Social Media video content?

pg. 109
As per my survey this question was raised so many times that can we file an infringement suit in
our Instagram video that was the main purpose to put the above question that can you file
infringement for your Social Media video content in Instagram, YouTube, Facebook, etc. and
the response was 92% person mean 23 person said that yes we can file an infringement suit for
social media video content. And the rest 8% means 2 person said that no we can’t file
infringement for our Social Media video content.

Q9. What does "Freedom of speech on the internet" exemplifies?

The above question was responded by 25 person and there are responses in three parts but the
question was divided in four parts, 60% which means 15 person responded that Freedom of speech
on the internet means digital Rights and Responsibilities, the 28% which means 7 person
responded that Freedom of speech on the internet means digital communication, 12% which
means 3 person responded that Freedom of speech on the internet means digital access.

Q 10. What is Creative Commons?

pg. 110
The above question was asked what Creative Commons is and the question was divided into four
parts and the response to the above question, 60% means 15 person responses that Creative
Commons is series of easy to understand copyright license, 16% which means 4 person said
Creative Commons means a company another 16% means another 4 person out of 25 person
responded that Creative Commons means none of these and the rest 8% which means 2 agreed
said Creative Commons means a group of legal professionals.

Q. 11. Can I Copyright my software and mobile App?

pg. 111
The above question was responded by 25 person in which 80% means 20 person agrees that we
can copyright our software and mobile App and the rest which are 20% which means 5 person
doesn’t agree that we can copyright our software and mobile App.

Conclusion: - According to the above questions which are specially taken by the IPR students,
IPR legal associates, faculties and other course law students, as have responded they are much
more aware about their rights they have against the digital copyright law and also aware about
the acts which are provided by the Government’s for the protections original created content and
also this questionnaire clears that there are many other which are not aware about such acts.

pg. 112
 CHAPTER VII- CONCLUSION, SUMMARY, IMPLICATION

pg. 113
SUGGESTION AND IMPLICATIONS

Copyright protection has become more difficult as a result of digital advancements. It's vital to
strike a balance between minor infractions and expensive prosecutions, as well as the hazards of
international litigation. With the growth of technology, there is a growing desire for worldwide
protection, which requires copyrighted work to be transported between nations with the owner's
authorization. A procedural framework for international litigation would be added to the present
core legislation. The laws in India governing copyright in "digital content," which includes
computer programs and software, is weak and ineffective, demanding further specific changes to
the current law. The "digital media" behemoths have taken center stage, and the legislation has
once again proven inadequate. This can be addressed by enacting new legislation or revising
current rules, both of which must adhere to international standards. There are some suggestions.

 Due to the ease with which works may be transmitted across borders without the
authorization of the owner thanks to the internet, a procedural system for international
litigation will aid in the execution of previously existing substantive laws. Data
infringement and piracy might be reduced with an online licencing scheme can be
protected.
 More clarification on the jurisdiction in situations of online copyright infringement might
be supplied. In such circumstances, the laws are vague as to what will determine
jurisdiction.
 In order to prevent inadvertent infringements, ordinary users should be educated on
copyright protection and infringement.
 State-by-state disparities in copyright infringement processes and legislation should be
harmonised in order to produce standard laws for Internet challenges.
 Implementation of the provisions is a major concern, and there is a compelling need to
improve the legal system's ability to carry out the legislation's obligations, which
necessitates well-oiled enforcement technology.
 A trained and highly specialised police force is necessary for the formation and
measurement of copyright violation legislation, as well as a shift in judicial attitudes toward
copyright offences.

pg. 114
CONCLUSION

In this paper the researcher has researcher all the ways in which the data which the data are being
stolen from the original sites by the hyperlinks and many others but there also many suggestions
in which it can be protected. The data which are being stored in the computer disk or floppy how
can it be protected with the software’s, the legislation governing ISP responsibility is imprecise
and ambiguous, allowing for an unfair transfer in the accountability of unlawful users on ISPs,
making them the scapegoat of an insufficient legal framework. It is also critical to include clear
rules involving ISPs in the Indian Copyright Act or the Information Technology Act. It is critical
to solve some of the main challenges listed below in order to pave the way for solid ISP liability
legislation in India. First and foremost, a description of the concept of an Internet Service Provider
is required. The legislation will be incomplete in terms of any other component until the identity
and role of an ISP are clearly defined. The phrase "due diligence" under the IT Act also has to be
defined precisely, as ISP liability is heavily reliant on the presence or absence of due diligence. It
is proposed that the ISP's culpability be determined by their level of involvement in the claimed
violation. The DCMA classifications can be used as a useful technique to clearly identify ISP
responsibility. While appropriate mechanisms must be in place to guarantee that ISPs cannot avoid
accountability by inventing bogus explanations, care must be taken to ensure that ISPs are not held
liable when they function as simply conduit providers and are not at fault. To do this, correct
classification of ISPs based on their responsibilities in the network system is required. To address
the financial side of a transaction between the ISP and a third party, provisions must be included.
It is also necessary to address the relationship between the service provider and the subscriber.
This would aid in the separation of rights and obligations between the provider and the subscriber,
so assisting in the resolution of the issue of responsibility misunderstanding. Finally, the
Information Technology Act should require ISPs to terminate the services of customers who
consistently breach copyrights and participate in copyright infringement. The Digital Millennium
Copyright Act requires ISPs to implement such procedures in order to be eligible for safe harbor
protection. ISPs play a critical role in the development of the internet, enabling transactions and
communications between millions of users. Because there are no defined regulations governing
ISP liability, they are always at danger of being held liable for any or all of their transactions and
inactions, stifling internet expansion. The IT Act demands attention to several extremely fine, yet
critical concerns in order to properly equip Indian laws dealing with ISP responsibility for

pg. 115
copyright violations by third parties, without which the ISPs and their function might become fatal
to the internet.

Because there are no national boundaries in the digital world, the interests of both developed and
developing countries cannot be met. As a result, it is appropriate to establish a single global
regulation that has a powerful DRM system. As a result, all content owners throughout the world
would be incentivized to do more business on the internet, resulting in increased revenues due to
the digital world's broad reach and high quality. As a result, effective economic incentives would
be created, resulting in a rise in the usage and development of beneficial arts.

To significantly reduce piracy, stringent rules prohibiting circumvention of DRM systems would
be beneficial. To make India self-sufficient in critical information and expertise, the government
might subsidies content production. Working becomes difficult due to the indivisible nature of the
Internet, which has various standards for different nations depending on their development stage.
As a result, having strong legal protection against circumvention of DRM systems would benefit
the globe as a whole, benefiting both rich and developing countries. This would encourage creation
in useful arts, which would benefit everyone.

“When you have wit of your own, it's a pleasure to credit other people for theirs.”

pg. 116