The Copyright Act

1)Introduction

The Copyright Act protects authors, composers, artists, and filmmakers' creative creations, promotes innovation, and nurtures human genius. This comprehensive law protects copyrighted works from unauthorised use and exploitation, ensuring authors get compensated for their effort.The Copyright Act spurs innovation and economic prosperity beyond creators. The Act promotes creativity, risk-taking, and investment in new ideas, goods, and art by safeguarding intellectual property. This boosts economic growth, jobs, and culture.Today's fast-changing digital age makes the Copyright Act more important. Digital technologies have expanded copyright distribution and consumption while presenting new copyright protection issues. The Act protects digital rights in response to changing technology.From music and movies to literature and software development, the Copyright Act has boosted creative sectors. It has allowed creators to pursue their passions, commercialise their works, and enrich their civilizations' cultures.Critics of the Copyright Act question its balance between creator rights and information access. To combine copyright protection with creativity and knowledge transmission, the Act is continually changing.The Copyright Act protects creators, promotes innovation, and keeps culture alive in the ever-changing digital landscape. It shows the value of intellectual property in a creative, knowledge-based environment.[1]

2)Understanding Copyright:

a. Definition and Scope: A Shield for Original Works

Copyright is a fundamental aspect of intellectual property law that protects the artistic works of authors, musicians, artists, and filmmakers. It provides creators with sole authority to manage the copying, dissemination, modification, public presentation, and public exhibition of their original literary or artistic creations.

Copyright protection extends to various forms of creative expression, including literary works like novels, poems, and scripts; artistic works like paintings, sculptures, and photographs; musical works like compositions and lyrics; and dramatic works like plays, screenplays, and choreographic works.[2]

b. Duration of Copyright: A Limited Monopoly for Creators

Copyright protection is not indefinite; it confers upon creators exclusive privileges for a finite duration, following which the work becomes part of the public domain. Copyright protection term varies among different legal systems, but typically it extends for the lifetime of the author plus an additional span of 50 to 70 years.

This restricted exclusivity serves a double objective. It guarantees that creators are appropriately acknowledged and compensated for their creative efforts, while also permitting their works to eventually become part of the public domain. This process enhances cultural legacy and promotes innovation by enabling the unrestricted utilisation of these works.

Creators own the only authority to govern the replication, dissemination, modification, public presentation, and public exhibition of their copyrighted works during the duration of the copyright period. This implies that any reproduction, dissemination, adaptation, public performance, or public display of the work requires explicit authorization from the copyright owner.

Copyright does not provide absolute exclusive rights. There are several exemptions, such as fair use, that permit restricted utilisation of copyrighted materials without authorization for purposes such as critique, commentary, news reporting, education, academic study, and research. These exceptions guarantee that copyright protection does not impede creativity or obstruct the spread of knowledge.[3]

3)Rights Granted by Copyright:

a. Exclusive Rights: The Cornerstones of Copyright Protection

Copyright holders possess a collection of unique rights that enable them to regulate the use of their copyrighted works. The exclusive rights serve as the foundation of copyright protection, safeguarding the intellectual property of creators from unauthorised usage.

• The reproduction right confers upon the copyright holder exclusive control over the act of duplicating the copyrighted work. This includes tangible copies, such as printed books or recorded music, as well as intangible copies saved in electronic media.

• Distribution Right: This right grants the copyright holder the authority to regulate the spread of their work to the general public. It encompasses the privilege to trade, lease, or rent reproductions of the creation, together with the authority to regulate its digital dissemination via electronic channels.

• The public performance right bestows upon the copyright holder the authority to regulate the public presentation of their work. This includes live performances, such as theatrical plays or musical concerts, as well as broadcasts, transmissions, and other kinds of public communication.

• Public Display Right: This right grants the copyright holder the authority to regulate the exhibition of their work to the public. This pertains to the showcasing of protected materials in tangible locations, such as art galleries or museums, as well as their presentation in virtual settings, such as websites or online platforms.

• The derivative works right confers the copyright holder the authority to govern the production of derivative works derived from their original composition. Derivative works refer to modified versions of the original, which can include translations, novelizations, or cinematic adaptations.[4]

b. Fair Use: Striking a Balance between Protection and Access

Copyright protection serves to secure the rights of authors, while simultaneously acknowledging the significance of permitting restricted usage of copyrighted work without explicit permission. This is when the notion of fair usage becomes relevant. The concept of fair use is an essential provision that allows for the utilisation of copyrighted materials for particular purposes without violating the rights of the copyright owner.

The fair use doctrine has four considerations that courts assess when determining if a certain usage is within its boundaries:

• The primary focus and nature of the use: Non-commercial applications, such as critique, commentary, news coverage, education, academic pursuits, or research, are often given preference over commercial use.

• The fair use of factual or informative works is much more likely to be deemed acceptable than the fair use of artistic or expressive works.

• The fair use of a copyrighted work is more likely to be recognised if only a small amount of the work is used, rather than a considerable piece.

• The impact of the use on the potential market or value of the copyrighted work should not be significantly reduced under fair use.

The fair use doctrine achieves a nuanced equilibrium by safeguarding the rights of copyright holders while also fostering free expression, education, and public conversation. It permits the utilisation of copyrighted content without authorization for reasons that enhance society and promote the spread of knowledge.[5]

4)Copyright Registration:

a. Voluntary Registration: Reaping the Rewards of Copyright Registration

Copyright registration is an optional procedure that provides creators with several supplementary benefits and legal privileges. Although copyright protection is granted immediately upon the production of an original piece of authorship, registering the copyright establishes an official record of the claim and enhances the creator's legal standing.[6]

Advantages of Copyright Registration

• A registered copyright certificate provides conclusive evidence of copyright ownership, simplifying the process for creators to establish their rights in a court of law.

• Legal processes Priority: Creators who register their works obtain precedence in legal processes, resulting in their copyright claims being given primary consideration in cases of infringement.

• Registered copyright holders possess the privilege to pursue statutory damages, which are pre-established monetary compensations, in instances of infringement.

• Filing Deadlines: Registration enables artists to submit claims for infringement damages within a three-year timeframe from the moment they become aware of the infringement. This is in contrast to the lower time limits of one or two years for works that are not registered.

• Registration enables the implementation of copyright protection measures by U.S. Customs and Border Protection, thereby preventing the importation of goods that violate copyright laws.

b. International Protection: A Global Shield for Creative Works

In the present globalised era, artistic creations frequently surpass national frontiers, captivating viewers on a global scale. In order to safeguard the rights of creators in different countries, a system of global copyright treaties and agreements has been constructed.

Major International Copyright Treaties

• The Berne Convention for the Protection of Literary and Artistic Works is a significant convention that sets a baseline level of copyright protection for member nations. It guarantees that the rights of authors are acknowledged and upheld on a global scale.

• The Universal Copyright Convention complements the Berne Convention by extending copyright protection to a broader scope and guaranteeing that works published in one member country receive protection in all other member countries.

• The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) by the World Trade Organisation: This agreement integrates copyright protection within the wider context of international trade, mandating member countries to ensure sufficient and efficient safeguarding of copyrights.

The worldwide copyright treaties and accords have been crucial in fostering a universal benchmark for safeguarding intellectual property rights, guaranteeing the protection of authors' works irrespective of their origin, distribution, or consumption.[7]

5)Infringement and Enforcement:

a. Identifying Infringement: Crossing the Line of Permitted Use

Copyright infringement is the unauthorised use of someone else's copyrighted work, going beyond what is allowed by copyright law. Infringement occurs when copyrighted material is used, reproduced, or distributed without authorization.

Essential Components of Copyright Infringement

• Original Work of Authorship: The work must be a creation that is both original and demonstrates a level of inventiveness, having been produced independently.

• Eligible Subject Matter: The work must belong to the categories of creative works safeguarded by copyright law, including literary, artistic, musical, or dramatic works.

• Unauthorised Use: The utilisation of the copyrighted material must be without permission from the copyright holder. This encompasses any utilisation that surpasses the extent of fair use or other allowable exemptions.

• The infringement may encompass unauthorised acts such as reproduction, distribution, adaptation, public performance, public display, or creation of derivative works based on the copyrighted material.

b. Legal Remedies: Rectifying the Wrong of Infringement

Copyright holders who have experienced infringement have various legal options available to enforce their rights and seek compensation for the damage caused.

• Compensation: Copyright holders have the right to pursue financial compensation to cover the harm caused by the infringement. This include the financial losses, tangible damages, and, in certain instances, legally prescribed damages.

• Injunctive relief refers to the legal remedy that copyright proprietors can pursue in order to prevent or stop any ongoing violation of their rights. This may encompass injunctions that prohibit the infringer from further utilising the copyrighted material or implementing measures to deter future infringement.

• Impoundment and Disposition of Infringing Articles: Copyright holders have the right to request the seizure and disposal of infringing articles, which can include counterfeit goods or unauthorised copies of copyrighted works.

• Criminal Proceedings: If someone intentionally violates copyright laws, especially if it involves commercial piracy or widespread dissemination of copyrighted material, they may face criminal charges. The consequence of this might be monetary penalties or incarceration for the violator.

The selection of a legal recourse will be contingent upon the particular circumstances of the violation, the magnitude of the damage inflicted, and the aims of the copyright proprietor. Copyright holders should seek legal counsel to ascertain the most suitable line of action.[8]

6)Evolving Challenges in the Digital Age:

a. Digital Copyright Issues: Navigating the Challenges of the Digital Landscape

The emergence of digital technology has completely transformed the process of creating, distributing, and consuming copyrighted materials. However, it has also brought forth new difficulties in safeguarding copyright. These issues arise from the inherent simplicity of duplicating and spreading digital content, the intricacies of online contexts, and the ever-changing nature of technical progress.

• Online Piracy: The widespread use of online platforms has made it easier for people to illegally distribute copyrighted materials, which is generally referred to as online piracy. The widespread violation of copyright presents a substantial risk to those who have the rights, as it undermines their monetary profits and devalues their intellectual assets.

• File Sharing: The utilisation of file-sharing networks and peer-to-peer technology has facilitated the extensive distribution of copyrighted files, frequently without the explicit consent of the copyright owner. The decentralised distribution strategy hinders the ability to track and pursue copyright infringement, hence worsening the issue of piracy.

• Social media platforms have increasingly become a fertile environment for copyright infringement, as users freely distribute copyrighted material without obtaining necessary authorization or providing acknowledgment. The vast amount and temporary quality of social media content pose difficulties for copyright holders in successfully identifying and enforcing their rights.

b. Technological Protection Measures: Balancing Protection and Access

In response to the difficulties presented by digital technologies, copyright holders have progressively resorted to technical protection measures (TPMs). TPMs, also known as technical protection measures, are sophisticated tools or techniques designed to limit unauthorised access, replication, or dissemination of protected materials.

• Digital Rights Management (DRM) refers to the incorporation of encryption or other technological measures into digital content in order to limit access or usage to only those with proper authorization. Digital Rights Management (DRM) is extensively employed in the music, film, and software sectors.

• Watermarking is the process of embedding imperceptible codes or marks within digital information to establish the copyright owner and enable tracking in the event of unauthorised use. Watermarking is very beneficial for pictures, movies, and audio files.

• Access control measures, such as passwords, encryption, and authentication protocols, are employed to limit access to copyrighted content exclusively to individuals who have been granted authorization. These methods are frequently utilised in online databases, streaming services, and cloud storage platforms.

TPMs are essential for protecting digital property, but their implementation needs to find a middle ground between safeguarding copyright and respecting user rights. Excessively stringent TPMs can obstruct lawful access to intellectual materials and inhibit both innovation and fair usage.

TPMs should adhere to the principles of proportionality, openness, and accountability. Copyright holders should utilise Technological Protection Measures (TPMs) in a manner that is efficient in preventing copyright infringement, while also ensuring that it does not excessively limit lawful access or impede the exercise of fair use rights.[9]

7)Future Trends and Developments:

a. Emerging Issues: Navigating the Uncharted Waters of Copyright Law

The dynamic and constantly changing digital environment poses numerous developing challenges for copyright law, necessitating ongoing adjustment and enhancement to effectively tackle the intricacies of the contemporary creative sphere.[10]

• Artificial Intelligence-Generated Content (AIGC): The emergence of AIGC, wherein robots generate creative works, poses a challenge to conventional concepts of authorship and copyright ownership. Examining the copyright status and ownership of AIGC gives rise to intricate inquiries regarding human supervision, authority, and the significance of innovation in the digital era.

• The Open Access Movements aim to advocate for the unrestricted and free access to scholarly and research materials. They challenge the traditional copyright regimes that rely on exclusivity and commercial exploitation. The challenge of reconciling open access principles with the necessity of remunerating artists for their intellectual work continues to be a crucial matter.

• The convergence of copyright law with emerging technologies, including blockchain, decentralised applications, and virtual worlds, poses distinctive issues and possibilities. Assessing the relevance of copyright rules in these emerging contexts necessitates meticulous deliberation and inventive resolutions.

b. Reform Initiatives: Striking a Balance in the Evolving Copyright Landscape

Various countries are now implementing copyright law reform measures to address the arising concerns and challenges. The objective is to achieve a harmonious equilibrium between the rights of creators, users, and the general public.

• A review is underway to update copyright exceptions and limitations, including fair use, in order to adapt to new technologies and creative practises, while still respecting the rights of creators.

• The process of harmonising copyright laws is currently in progress, aiming to provide consistency in copyright regulations across different jurisdictions. This would help minimise legal ambiguity and promote international collaboration in dealing with copyright infringement and enforcement matters.

• Investigation of Alternative Copyright Models: Current efforts are focused on examining new copyright models, such as open licencing frameworks and collective management systems, to offer authors greater flexibility in distributing and profiting from their creations, while also guaranteeing equitable remuneration.

The discussions around copyright law reform revolve around achieving an optimal equilibrium between safeguarding the rights of authors, guaranteeing access to knowledge and information, and fostering innovation and creativity. Achieving this equilibrium is crucial for a copyright system that efficiently caters to the requirements of the contemporary creative environment.

8)Conclusion

Intellectual property law relies on the Copyright Act to protect authors, composers, artists, and filmmakers, encourage innovation, and enrich global culture. The Copyright Act gives creators the rights to reproduce, distribute, adapt, perform, and display their original works, allowing them to profit from their work and pursue their creative goals with confidence.

The Copyright Act has evolved to address online piracy, file sharing, and social networking. Digital rights management, watermarking, and access control protect digital content while balancing author and user interests.

Copyright law reform initiatives are underway to balance creators' rights, knowledge access, and innovation in the uncharted waters of artificial intelligence-generated content, open access movements, and emerging technologies.

The emergence of AIGC and the demand for open access to scholarly materials undermine originality, ownership, and copyright exploitation. Reforms aim to modernise copyright exceptions and limitations, harmonise copyright laws across jurisdictions, and explore alternative copyright models that encourage creativity and fair recompense for creators.

Creators, users, and the public must be knowledgeable about copyright rules and their ramifications in this changing context. Understanding copyright protection, fair use, and the changing legal landscape helps people navigate the digital age and contribute to a flourishing creative ecosystem.

9)Reference :

1.Malviya, K. (2023, November 23). Detailed Notes on the Copyright Issues in Digital Era. CLATalogue. https://lawctopus.com/clatalogue/clat-pg/copyright-issues-in-digital-era/#:~:text=The%20Copyright%20(Amendment)%20Act%20of%202012%20introduced%20a%20comprehensive%20set,particularly%20in%20the%20digital%20sphere ( last visited on December 6,2023).

2.Copyrights: Protecting Creators and Their Creative Expressions | Berkeley International Office. (n.d.). https://internationaloffice.berkeley.edu/students/intellectual-property-guide-uc-berkeley-graduate-students/copyrights-protecting-creators#:~:text=Copyrights%20protect%20creative%20works%20by,computer%20software%2C%20among%20other%20things ( last visited on December 6,2023).

3.Copyright and Fair Use. (n.d.). Office of the General Counsel. https://ogc.harvard.edu/pages/copyright-and-fair-use#:~:text=of%20Copyrighted%20Material-,What%20is%20%22fair%20use%22%3F,law%20is%20designed%20to%20foster ( last visited on December 6,2023).

4.What are derivative works under copyright law? (n.d.). Legalzoom. https://www.legalzoom.com/articles/what-are-derivative-works-under-copyright-law#:~:text=Section%20101%20states%3A%20A%20%22derivative,recast%2C%20transformed%2C%20or%20adapted ( last visited on December 6,2023).

5.Emerson College Library: Fair Use: Definition and Four Factors. (n.d.). https://guides.library.emerson.edu/FairUse#:~:text=If%20the%20use%20includes%20a,be%20fair%20under%20certain%20circumstances ( last visited on December 6,2023).

6.The Importance and Benefits OF Copyright Registration - Especia. (2023, January 30). Especia Associates LLP. https://especia.co.in/post/the-importance-and-benefits-of-copyright-registration/#:~:text=It%20is%20not%20required%20for,beneficial%20in%20protecting%20their%20rights ( last visited on December 6,2023).

7.Summary of the Berne Convention for the Protection of Literary and Artistic Works (1886). (n.d.). https://www.wipo.int/treaties/en/ip/berne/summary_berne.html#:~:text=The%20Berne%20Convention%20deals%20with,to%20make%20use%20of%20them ( last visited on December 6,2023).

8.Copyright infringement, even if unintentional, can result in fines up to Rs 2 lakh, imprisonment. (2023, October 17). Moneycontrol. https://www.moneycontrol.com/news/business/personal-finance/copyright-infringement-even-if-unintentional-can-result-in-fines-up-to-rs-2-lakh-imprisonment-11543691.html ( last visited on December 6,2023).

9.Kumari, B. (2023, May 31). Emerging Trends in Digital Copyright Law. Corpbiz. https://corpbiz.io/learning/emerging-trends-in-digital-copyright-law/#:~:text=These%20treaties%20set%20international%20standards,rights%20of%20users%20and%20consumers ( last visited on December 6,2023).

10.Sweetenham, E. (2023, November 14). Copyright Law Evolution: Navigating the Digital Age. Lawdit Solicitors. https://lawdit.co.uk/readingroom/copyright-law-evolution-digital-age

( last visited on December 6,2023).