COPYRIGHT ISSUES IN DIGITAL AGE DISSERATION.pdf

1
COPYRIGHT ISSUES IN THE DIGITAL AGE
A DISSERTATION SENT TO THE
DEPARTMENT OF LAW
MDU-CPAS, SECTOR-40, GURUGRAM
IN THE PARTIAL COMPLETION OF THE REQUIREMENT FOR
THE DEGREE OF MASTER IN LAWS (LL.M)
SUBJECT CODE: 17LLM23GB3
UNDER THE DIRECTION OF SUBMITTED BY:
DR. SURENDER NARA RIYA SAINI
Assistant Professor. in Law Roll. No. 5013273
MDU-CPAS, Sec- 40, Gurugram Registration.No.1618710047
MAHARSHI DAYANAND UNIVERSITY
CENTRE FOR PROFESSIONAL & ALLIED STUDIES
2022-2023

2
DECLARATION
I, RIYA SAINI, a student pursuing LL.M at MDU-CPAS in Sector-40, Gurugram,
with Roll no. 5013273 and Registration No. 1618710047, hereby certify that
the dissertation entitled “COPYRIGHTS ISSUES IN DIGITAL AGE” is my original
work, completed under the direct supervision of DR. SURENDER NARA. It is
the result of my own work, and neither the entirety nor a portion of it has
ever been presented in advance for any other reason.
Signature:
Date:

3
CERTIFICATE
This attests that RIYA SAINI worked under my direction and supervision to
complete the research project titled “COPYRIGHT ISSUES IN THE DIGITAL
AGE” as part of her Master’s degree (LL.M) requirements.
To ensure that her dissertation was thorough and comprehensive, RIYA SAINI
researched a number of books, journals, websites, and enactments. This
dissertation contains only original research that has never been submitted to
college and institution for a degree to be awarded. This is a fantastic piece of
work that deserves consideration. I hope she has a successful future.
-----------------------------
DR. SURENDER NARA
Assistant Professor in Law

4
ACKNOWLEGDEMENT
This dissertation could not have been completed even without collaboration
and assistance of several people, many of whose identities may not be
included. We really value and generally accept their donations. My mentor,
Professor Surender Nara, deserves my utmost gratitude, nevertheless.
Without his direction, perseverance, support, and encouragement, I would
not have been able to work on a topic that was both of great interest to me
and a great learning experience working under his supervision.
THANK YOU
RIYA SAINI

5
ABSTRACT
The value of intellectual property has increased with the development of new
technology. This novel technology might pertain to copyright, patents, and
trademarks, among other things. It immediately comes to mind when we
discuss copyright protection then it’s typically awarded for genuine written
work, rhythmical, theatrical, as well as aesthetic creations. However, as new
technology has developed, new ideas have emerged, giving rise to things like
computer programmes, databases, layouts, diverse web works, etc.
Therefore, understanding copyright is indispensable when it comes to
databases, programming, as well as other electronic compositions. Copyright
is a critical issue regarding rights of intellectual property in the digital era. This
essay demonstrates how copyright laws can be used to protect computer-
related works. While talking about the problems, this study has been
separated into three sections based on various computer-related works,
including works on the internet, computer programmes, computer software,
and computer databases.

6
CONTENTS
TABLE OF CONTENT CASES……………………………………………
A LIST OF ABBREVIATION………………………………………………
CHAPTER-1
INTRODUCTION………………………………………….
RESEARCH METHODS……………………………………………………
DECLARATION OF THE PROBLEM: ………………………………
OBJECTIVE OF RESEARCH: ……………………………………………
IMPORTANT RESEARCH QUESTIONS…………………………
HYPOTHESIS………………………………………………………………
ASSESSMENT METHODS…………………………………………
CHAPTER-2
DATABASE AND PROTECTION IN INDIA……………………….
HISTORY……………………………………………………
ACT OF 2000 ON INFORMATION TECHNOLOGY………
CHAPTER-3
SOFTWARE PROGRAM AND COPYRIGHT PROTECTION…………..

7
PROTECTION OF SOFTWARE COPYRIGHT…………………….
PROTECTION UNDER INDIA…………………………………..
ASSURANCE UNDER THE COPYRIGHT SYSTEM………………
POSSESSION OF THE COPYRIGHT…………………………………..
THE AREA OF PROTECTION COVERED BY THE COPYRIGHT……
RIGHTS UNDER LICENSE…………………………………………
CHAPTER-4
ANALYZING OF COMPARATIVE DATA …………………………….
THE ECONOMIC VIEW OF COPYRIGHT………………
ECONOMIC VIEWPOINT…………………………………………
ADVANCED COPYRIGHT ENTERPRISES……………………………….
REGIONAL STUDIES……………………………………………………
INDIA………………………………………………………………………..
NEW HOLLAND [AUSTRALIA]……………………………………………………………….
THE GREAT WHITE NORTH [CANADA]……………………………………………………………
THE EUROPEAN UNION…………………………………………………
GREAT NIHON [JAPAN]……………………………………………………………………
UK [GREAT BRITAIN] ………………………………………………….

8
AMERICA [U.S.A] ………………………………………………….
CHAPTER-5
INTERNATIONAL FRAMEWORK FOR COPYRIGHT AND THE INTERNET….
CONVENTION OF BERNE………………………………………………
BERNE CONVENTION OF CITY OF LIGHT ACT 1971………………………………………
THE TRIPS CONVENTION………………………………………………………
CONVENTION OF ROME………………………………………………….
LINKAGE BETWEEN COYPRIGHT AND ASSOCIATED RIGHTS ……..
WIPO………………………………………………………………………………..
WORLD INTELLECTUAL PROPERTY RIGHT INTERNET TREATIES…..
WTC …….
REPRODUCTION RIGHT …………………………………………………..
THE TRANSMISSION RIGHT ON DEMAND NETWORKS …….
INFORMATION MANAGEMENT GUIDELINES AND TECHNOLOGICAL SAFETY
PROTOCOLS …………..
DMCA (DIGITAL MILLENIUM COPYRIGHT ACT)…………………………….
WHAT FUNCTION OF THE DMCA? …………….
A HAVEN FIR AMERICAN COPYRIGHT HOLDERS: DMCA …….
INDIAN LAWS AND THE DIGITAL MILLENNIUM COPYRIGHT ACT …..

9
CHAPTER- 6
SAFEGUARDS THE INTERNET IN INDIA ……………
COPYRIGHT LAW IN INDIA ……
TERM OF CYBERCRIMES………………………………………
SUBJECT MATTER OF COPYRIGHT ……………..
INFRINGEMENT OF COPYRIGHT IN CYBERSPACE ………
INTELLECTUAL PROPERTY RIGHT OVER THE INTERNET …….
CYBERCRIMES ……..
PROTECTION OF DATA & PRIVACY………………………………
INFORMATION TECHNOLOGY LAW 2000 ……………………………….
GREY AREAS…………………….
CASE LAWS ……………………..
CHAPTER- 7
CONCLUSION……………………
BIBLIOGRAPHY…………………

10
CASES
R.G. Anand v. M/S Delux Films & Ors., 1978
State of Andra Pradesh v. Amarnath Vyas, 2006
Abdul Sathar v. Noda Officer & Anr., 2007
Suresh Kumar v. The Sub Inspector of Police, 2007
M/S Entertainment Network v. M/S Super Cassettee Industries, 2008

11
Abbreviations List
Database Management System (DBMS)
Information Technology Act (IT)
Union of Europe Act (EU)
The Organization for World Intellectual Property (WIPO)
Intellectual Property Rights (IPR)
Technological Protection Measures (TPMs)
The Ministry of Education, culture, sports, science, and technology (MEXT)
The Act of Copyright Designs and Patent (CDPA)
Read Only Memory (ROM)
International Labor Office (ILO)
Code of Criminal Procedure (CRPC)
Indian Evidence Act (IEA)
Indian Penal Code (IPC)
Digital Millennium Copyright Act (DMCA)

12
CHAPTER- 1
INTRODUCTION
Web has greatly expanded in the last few years, particularly on mobile devices.
Producers of material found on the internet is a global online marketplace where
digital information is transmitted, including films, journals, journalism, and audio.
Because there is a large risk of original piece infringement mostly in digital age, it is
essential to include such original content with in purview of IP rights. The legal word
‘copyright’ (sometimes known as authors right) is used to refer to the ownership
rights that authors & other artists have over their creative works. Music, sculptures,
books, films, paintings, computer programmes, maps, are among the creations
protected by copyright1.As soon as we think about “original written, songs,
cinematic, or innovative works”, the Copyright Law comes to mind while
contemplating the value of intellectual property in relation to patent law. However,
as new technologies have developed quickly, new ideas have also surfaced.
Examples include “computer code, database, layout, numerous other works on the
internet, etc.
As a result, copyright plays a role in relation to computer programmes and software,
database, and other works in the cyberspace, making it vital to learn more about it.
This dissertation tries to demonstrate that computer-related works are recognized
by copyright law and are protected by it. The paper has been broken into 5 parts for
the purpose of discussing the subject. Software, programmes, and protection are
all covered in Chapter I. Comparative study between several countries is covered in
Chapter III. The observation of copyright in international frameworks is covered in
1
Term Copyright available at http://www.juscorpus.com/copyrights-for-artistic-freedom/?

13
Chapter IV, while internet protection in India and the laws that apply to copyright-
related matters and problems that arise in digital age are covered in Chapter V.
RESEARCH METHODS
STATEMENT OF THE PROBLEM:
In order to safeguard an individual’s freedom in both the physical world and digital
era is a relatively new development, Indian regulations are not as well developed as
those in other nations. The research will thus concentrate on the gaps in the current
system and make recommendations to turn India’s market into an investor hub.
OBJECTIVE:
The goal of this dissertation is to locate and investigate the laws that govern
copyright issues in India’s digital age. This dissertation would also concentrate on
the gaps in the current Indian intellectual property laws and make
recommendations to improve them.
With the aid of a few case studies, as well as the pertinent treaties that India has
ratified, the dissertation will clarify the many regulations dealing with copyright
issues in the digital era in India.
IMPORTANT RESEARCH QUESTIONS
Whether India’s national Laws and pertinent international agreements that govern
copyright concerns in the country are effective?

14
a. What are India’s national laws addressing copyright challenges in the
digital age?
b. What is the extent of the aforementioned act of parliament, the
international
framework therein, and the present issues India is currently facing in the digital era?
c. What steps have been taken in India to combat Internet protection that
deals with copyright issues?
d. What the dissertation will investigate copyright challenges in the digital era
in India, identify gaps in the present regime, and give recommendations to improve
its reliability.
HYPOTHESIS
The administration and management of ownership inside the digital world, along
with the replication, diffusion, and mass discussion of compositions via digital
technology, are the key issues in the digital era.
ASSESSMENT METHODS
The study’s analytical methodology and reliance on subordinate facts, such as
publications, dissertations, commentary, guides, digital books, web pages, and
details from legal panels are chosen to carry out the study because of its purely
doctrinal nature. This type of research involves analysing current statutory
provisions and case laws. Citation style found in the 19th edition of the bluebook.
The methodology is used since there is already a wealth of literature and research
on the subject that could be helpful in bringing about improvements in the capital

15
market with regard to investor protection regime. Additionally, the study approach
is useless because the purpose of this dissertation is to evaluate the obstacles that
India’s copyright protection system faces in the digital era.
The researcher will examine current legal guidelines, court rulings, academic
articles, and comments on various aspects of the subject matter for the
aforementioned aim. The MDU-CPAS library comprises primary and secondary
sources that the researcher has gathered from a variety of sources.

16
CHAPTER-2
DATABASE AND PROTECTION IN INDIA
The database consists of a digital acquisition of information such has been arranged
and makes it simple to access that data. As “software or a programme which
regulates the database,” a database system (DBMS) is used. As a result, it’s crucial
to recognize the difference between the two while assessing what is protected
under datasets.
The term “data” relates to a visualization of knowledge, data, ideas, or directions
that are or have been currently being formalized, saved internally in a computer’s
memory, or are intended to be handled within a system of computers or computer
network. It can take any shape, which includes computer prints, magnetic or visual
storage devices, punch cards or punched tapes2.
A “series of record, each containing one or more fields on an object” is what a
database is, according to one definition. The name, address, contact information,
identity number, pay, etc., of each employee may be included in a database for
business X for the individuals employed by the firm.
A database is a set of data that incorporates publications, statistics, and some other
materials that have been organized as according logical rules or in a systematic
method. Thus, database comprise textual, graphical, or musical compositions as
well as collections of documents, images, audio, statistics, and some other
information. If the creator demonstrates a certain measure of innovation, therefore
2
Term Data available at http://www.dataversity.net/the-data-information-knowledge-cycle/?

17
the arrangement and structure can be safeguarded by copyright, but the realities
cannot.
The intent of copyright as stated by Lord Atkinson, is to prevent unauthorized use
of the author’s talents and labour that went into creating the original work. The
original content is freely reproducible. It’s the result of one human labour, talent,
and funds that can’t be taken over by another person; it is components, the
unprocessed substance, if a single can utilize the phrase, after which the time,
labour, talent, and funds of the initial individual have been used. This is in reference
to intellectual property rights within educational materials which includes extracts
from previously published works alongside written notes for students. It is required
that effort, talent, and wealth are considered adequately invested in order to bring
towards what is produced an attribute or personality that the unprocessed
substance failed to have or that separates the result from its unprocessed substance
in order to claim copyrights on its creation. As a result, making the distinction
between innovative & non-innovative collection is essential since every single one
needs to be administered to comply with a particular collection of legislative
requirements.
Since already stated, data bases are compilations about information comprising
projects, facts, and additional components which have been organized logically or
organized in a methodical manner. Thus, data bases are safeguarded via intellectual
property rights despite the fact that they’re assemblages for non-genuine projects
since they are the product for ability and effort effectively used via the creator to
produce the original work of art. One Example, A dataset of publications on “Indian
Intellectual Property Laws” that has been constructed with “genuine effort,
knowledge, and wealth used and structuring the contents” would be awarded
copyright. In light of this, several nations recognize databases as works of literature
and extend copyright laws them as well assuming that their content is original.
Within India, “literary text’ is defined incorporate computer software, statistics,

18
assemblages, or computerized data in Section 2(o) of a Copyright Law, 1957.
Databases are indeed viewed as literary works.
The Federal Court of Queensland has made it quite clear that archives in Australia
can be safeguarded under Statute as written texts, but then that security isn’t really
required to have a significant level of creativeness: instead, a moderate degree of
originality and inventiveness is acceptable. A list or collection that is expressed
through words, arithmetic, or symbolism is deemed a literary work under the
Copyright Law. The White & Yellow pages, both of these had been released through
Telstra, as well as additional unreleased Telstra headed publications, was the pieces
of literature that had been considered through the federal court of Australia in the
present case.3
HISTORY
The Berne Convention of City of Light Act, 1971 for the Safeguarding of Literature
Artworks and Creative Artworks 4is the foundation of databases copyrighted
materials. The current debate about data integrity would be readily recognized as
an amplification of a lengthy battle between the two competing streams of
copyrighted material for assemblages. A main vantage point affirms that datasets
and collection are shielded and it is that really is, even without evidence of
innovation or uniqueness, as well renowned as the “moisture of a hairline” or
“creative collection” doctrine. The above validates the argument by asserting that
datasets must be given copyright laws since they are the outcome of extensive
workforce and financial commitment. If certain security is offered, it will be viewed
as a motivator that will support in developing new datasets.
3
Telstra Corporation Ltd. case of 2001
4
Berne Convention signed on 9 Sept. 1886

19
The second piece of intellectual opposes the theory that datasets devoid of ideas or
creativity must be guaranteed. However, supporters of the second version would
keep extending copyright laws to “statement contained within the data,” which is
restricted to an initial choice, structure, or approach of realities inside the dataset
but does not include the realities directly. Lawmakers endorsed their viewpoint
inside the 1976, Data Protection act, but still the majority of justices refused to
award security to datasets that demonstrated any “innovativeness” with in
collection or utilization of actualities.
Lawmakers clearly stated that the initial choice and coordination in the game plan
of the materials in the compilation were the only parts of the copyright that applied
to an accumulation. But a few judges applied the “sweat of the brow” approach
after the 1976 Act was passed, ensuring that databases lacked any element of
innovation or originality.
In order to quality for database copyright protection, a database must be the
product of considerable expertise, work, and effort. As a result, the database must
pass the originality test. The term “original” does not just refer to the work’s
originality or inventiveness; It also relates to the demand for uniqueness within an
ensemble of works that are not original. The source of the concept, the motivation
behind it, and other details are unimportant under copyright law since the essential
concern is with the way in which the thought has been represented, specifically as
it relates to literary works and expression in writing or print.
When assembling the individual database entries, there are three things to keep in
mind:
1. It should be done properly.
2. To successfully make this combination of products available to users.
3. Such a collection must have enough unique content.

20
As is clear, originality is strongly tied to how ideas are expressed, in addition the use
of a term need not be restricted to its initial state under intellectual property laws.
Artist must be able to distinguish what he creates as unique by proving that it
constitutes more than just a little change.
Article 21 of the Indian Constitution ensures everyone’s privilege of personal liberty.
Indian Courts have construed the phrase ‘personal liberty’ quite broadly via a
number of rulings, and this incorporates the privilege of privacy within the degree
that confidential information isn’t made accessible to the general public. The
additional safeguards for databases are described in full in the following statute.

21
ACT OF 2000 ON INFORMATION TECHNOLOGY
The Information and Technology Bill was endorsed by the Union Cabinet on May
13 and eventually adopted by both chambers of Congress on May 17, 2000. The
aforementioned measures, that will thereafter refer to the year 2000, Information
& Technology Law, obtained presidential approval on June 9th, 2000. The goal of
regulating and controlling every internet-related activities throughout the nation
had been effectively accomplished by the aforementioned law, though the range
for safeguarding databases stipulated in the law remains restricted.
Only those who download, copy, or extract data, databases, or information from a
computer system, network, or computer without the permission of the authorized
user are subject to liability under the act, according to Section 43. Section 43 also
defines databases as ‘representations of data, statistics, skills, and ideas those have
been assembled within a standardized manner.’ Whenever a action takes place
alongside the intent to defraud and result in unlawful profit, unlawful suffering, or
harm towards the society, or when intentionally modifies or disintegrates any data
on a computer system or network through “hacking,” then criminal liability is
imposed under the provision of Section 43. Information pertaining to: - is protected
under the IT Rules of 2011.
1. Encryption keys used by specific people
2. Financial records about a person
3. Medical records and related biometric data
The protection provided by copyright laws for computer databases and software
has been acknowledged by several nations. The Copyright Act of 1957 efficiently
safeguards the programming of computers in India (as revised in 1994), which also
provides equal protection to copyright owners. A computer database in accordance
with Section 2(o) explanation of a literary work. The evaluation of the uniqueness
has become crucial and needed during the safeguarding of copyright while India has

22
become signatory to the agreements of Berne & the TRIPS Convention, which
implies that whatever choice of the subject matter and presentation is going to be
awarded this safeguard specified the requirements of the Test for Uniqueness has
become satisfied.
For the selection of artworks that meet the requirements for safeguarding under
copyright, a choice or organization of the components must exhibit some ingenuity
and originality. The India copyright law fails to define ‘originality’ and Indian courts
decide every instance according to the information available as well as unique
conditions at hand.
The Nation of Indian adhere to the ‘SWEAT OF THE BROW’ principle, or a
combination of talent as well as effort. When an accumulation of ideas or contents
that results in a work of literature is one that was created with a sincere
commitment and dedication of effort, resources, time, and talent, even when it has
been obtained from an established source, then that compilation is safeguarded
within the law of copyright.5 The legal system placed a strong emphasis upon the
belief that nobody has the right to gain from the labours or the slightest bit of
inventiveness of another individual.
The instance themselves so demonstrate how strongly the courts of India support
a notion of “SWEAT OF THE BROW.” The Delhi High Court has evaluated if the
provision regarding safeguarding databases was relevant in the proceeding of
‘Diljeet Titus Adv. & Ors v. Alfred A. Adeb are & Ors.’ According to the court’s
decision in the present matter, the ‘copyright within a dataset compiled by an
assistant advocate performing beneath the supervision of an experienced attorney
as well as utilizing the skills, amenities, or capital made by the experienced attorney
will stay alongside the firm’s, which means senior. 6During Interpretation Section
17(1)(c), the court noted that, absent a specific agreement, the employer shall have
the exclusive and exclusive right to use any work created while an employee under
a contract of service.
5
In case Mc Millan v. Suresh Chander and Govindan v. Gopalkrishna 1995
6
In case Mr. Diljeet Titus Adv. V. Mr. Alfred A. Ade bare and Ors (2006)

23
CHAPTER-3
SOFTWARE PROGRAM AND COPYRIGHT PROTECTION
Software refers to any series containing commands which a computer may
comprehend, which including binary format, a series of techniques, and so on.
Software varies from “Hardware” in that the term pertains to the actual physical
components of a computer’s system, such like silicon chips, microprocessor, the
keyboards, etc., which have software stored on them.
Elements of source code have included software packages Microsoft Windows,
Python, & Android iOS, which become computer code that assemble:
1. Every piece of software Packages.
2. Usual software, like as word processors, worksheets, PowerPoint slides for
presentations, web services, etc.
3. Highly specialized software, including application for statistics, auditors,
computer-aided designing, etc.
4. The technology that powers the world wide web, such as Webservers
(which instantly transfers website content to your browser).
Understanding the following concepts in crucial to understanding the legislation
governing software copyright.
1. Program Code: - This is the portion of software that the programmer
writes in the programming language to Perl or C before having it transformed by
the translator.
2. Product Code: - A translator transforms program code into product code,
which is the format needed for a computer to function.

24
Program is compiled in natural language, whereas bytecode is the routines were
protected by copyright when used in computer programmes. These two forms are
equivalent, therefore if someone holds a copyright on the program code, then that
copyright immediately extents to the product code as well. Program and product
code are therefore comparable.
Program
Code
Translator
Product
Code
Executor
OUTPUT

25
PROTECTION OF SOFTWARE COPYRIGHT
The question about whether computing applications must be protected under
patents law, copyrights law, or a monotypic genus system was debated in last 1970s
and early 1980s. However, the principle that computer should be protected under
copyright while the hardware that uses it should be covered by patent law was
eventually accepted. Thus, these two events offer various forms of protection.
Unlike patents, which grants the owner an ultimate exclusive right over the
development of a product or a technique, copyright is all about the expression of
ideas.
Computer software are described in the TRIPS Agreement as being copyrighted
exactly just like any other piece of literature, in addition to in other formats like
patents, which would be conducted in certain countries such as America. In the field
of computer programming, copyright is crucial towards the market for commercially
available software. The dynamic technological market, where all types of software
applications are generated, renders programming applications susceptible since
they are so simple to replicate. Thus, copyright protection gives these businesses in
the market the ability to avoid fraud, restrict competition, and set monopolistic
prices for their programmes. In developing countries, there are two basic problems.
1. Because of the widespread replication and insufficient regional purchasing
capacity is currently a problem within nations that are emerging, hence the spread
of such improvements may be restricted if confidence and demand become more
solid. This might be especially dangerous because commercial apps have a tendency
to reinforce the power of already established software developers.
Despite all the evidence, we conclude that, with the correct measures, for poor
nations, this challenge isn’t overwhelming. Authorities and financing organizations.
For example, may review their merchandise procurement methods in order to

26
greater emphasis for minimum -effort commercial designing components, which
include easily found free and open-source products.
2. If the software of the programming is also protected, it could be more
difficult to modify the items for regional circumstances. Through taking after on
development by figuring out, it may also be able to regulate the competition
that develops amongst functioning applications. Although poor nations are
granted the freedom to allow the appreciation of coding within TRIPS, such a
situation could potentially prevent when nation copyright laws are established
appropriately. Another practical step that may be taken is to increase the use of
the many open-source software products, where the source code is publicly
available rather than being locked down like restricted programming. However,
other in the business argue that closed source developers will be more likely to
adhere to tighter and better copyright laws if they exist.
PROTECTION UNDER INDIA
The first copyright law introduced in India was the copyright Act, 1914. As the year
clearly suggests, the copyright law was promulgated in India, prior to independence,
which also shows that this modelled on the British Act of 1911. At present, the
Indian Copyright Act, 1957 (the provision of which are in line with the berne
Convention) and the Copyright Rules 2013 are the current laws in force in India in
relation to copyright).
After 1990, India’s technical development accelerated. A large amount of software
and programmes were created, and more than 50% of that software was exported.
India’s market share climbed to 58 percent between 2009 & 2011. Government of
India passed the Info & Techno Act 2000, which has since been timely and
appropriately revised as needed depending on the circumstances, in order to have

27
effective control over such software businesses. However, the Info & Techno Act
does not have a particular clause that addresses computer software.
Despite all of these attempts, legislation has not yet been created to regulate
computer software. These programmes are safeguarded by the copyright and
patents Laws as well as trade secret laws The Info and Techno Act 2000 (Amended
2008) covers digital certificate, digital data & preventing crime.
ASSURANCE UNDER THE COPYRIGHT SYSTEM
Computing programmes are regarded as literature artworks under Sec.- 2(o) of the
Indian Copyrights Law of 1957 since they are expressed in writing. The primary
requirement is that the reproduction must be in a tangible form, such as print,
writing, or any other symbols that audibly or visually depict the original work. Both
program code and product code are covered by the act, which makes no distinction
between them because they are the primary components of computer programmes
as defined by the act. The objects under computer software that are crucial for the
operation of the computer include computerized graphics, graphics cards, disks, etc.
If data is recorded on compact discs, disks or magnetic media to use an electronic
impulse, then it must be disclosed.
The US Supreme Court rejected the protection of white pages from a phone book
in the Feist vs. Rural Telephone case7, citing the “Sweat of the brow” concept and
the restriction that copyright laws only cover works involving originality, skill, effort,
and judgement. The scope of creative and literary work includes the programmes
created specifically for computer operation. But such a programme must be
innovative.
7
FEIST PUBLICATIONS, INC., Vs RURAL TELEPHONE SERVICE CO., 499 U.S. 340 SC (1991)

28
The Indian Courts have given” innovation” the same meaning as being under English
law in a number of judgements. In terms of copyright legislation, uniqueness relates
to the method through which ideas are expressed instead of their novelties, while
in academic work, it includes a way ideas are expressed via text or another form of
written work (with a clear framework). Copyright assurance requires very little
originality; instead, the emphasis is on the time, knowledge, skill, and money spent
on producing the work. No customs are needed to secure a copyright. It is not
mandatory to register it with the intellectual property office, although doing so is
an option. The legislation does not mandate the disclosure of source code for PC
projects, and programming copyright can be registered without it completely the
source code.
POSSESSION OF A COPYRIGHT
The Act states that a work’s author is its principal copyright owner8. However, in
situations where there is a manager-worker connection and a work is created
throughout the course of a business under a management or apprenticeship
arrangement, the business should, absent express written permission to the
contrary, be the primary owner of the copyright9. The same rules that apply to the
employment contracts in a copyright work also apply to computer programmes.
The owner of the copyright may only reproduce, interpret, and create derivative
works based on his original work. Under the provisions of Indian intellectual
property law, any illegal accumulation, replication, issuing of copies, or amendment
of an items of original programming would be considered an intrusion of
programming. In addition, it makes little different whether a deal is in support of a
8
The Indian Copyright Act, Section 17 ,
https://www.legalserviceindia.com/articles/copy_owner.htm
9
V T Thomas Vs Malayala Manorama, AIR (1988) 291 Kerela

29
project that the owner of the copyright has previously sold or not if someone other
than the license or the copyright owner offers or otherwise acquire the system to
anyone else. This is because they are violating the ownership in the system.
THE AREA OF PROTECTION COVERED BY COPYRIGHT
Although computer projects are considered abstract works under the Copyright Act,
their degree has mostly gone untested in this regard by the courts. All things
considered, there is a clear connection between the insurance coverage and the
encroachment problem. Although the Act protects the exacting portion of the
computer programme, the issue of what exactly qualifies as the exacting portion of
a system is still up for debate. It is possible for non-exacting programming
components to be inserted. Copyright infringement can also result from the
duplication of a system’s design and architecture.
This sort of infringement stems from the infringement of many works, particularly
dramas and fiction, where judges have said expressly that copyrights protection
doesn’t really limit itself to only words. In programming contexts, the question of
where significant duplication breaks down and which components of the system are
subject to copyright protection have been raised10. The difference between
“thought expression’ and the basic copyright legislation has bearing on this
problem.
Art.- 9(2) of the TRIPS Agreement state that copyright protection may only apply to
expressions and not to ideas, plans, methods of operation, or mathematical
10
Microsoft Corporation Vs Vijay Kaushik and Anr (2011) PTC 127 (Delhi)
https://indiankanoon.org/doc/203957/

30
concepts. The thought-expression duality in the copyright security is not
acknowledged by the Copyright Act, taking everything into account.
In R G Anand vs. Exclusive films, the Supreme Court applied the ‘reflection test,”
which was established in the United States by Nichols Vs. Universal Pictures, in
addition to the “look and feel” test, by identifying the topic’s simplification in the
plays and movie’s scripts11. The Court concluded that the respondent had not
violated any copyright and that there was no evidence to suggest that the
similarities in the complainant’s work were the result of copying but rather the
aftereffect of the common theme between the two works. Without providing any
more explanation, Indian courts continued to handle the matter in this manner in
subsequent cases. As stated in Sec- 14 and 57 independently, the Copyright Act
protects the creator’s financial as well as inherent rights inside the copyrighted
material, such as the rights in computer programmes. Due to programming
applications, the copyright owner is permitted to duplicate the work, release
duplicate data of the work to the public, create any cinematic clip or sound
recording in homage to the work, create any viewpoint then once more
modification of the work, but not to “offer then consider giving on corporate lease
or can provide available to be bought or for corporate lease any breakup copies of
the computer project.” When a computer project is valued without the software
itself being the primary rental asset, this type of business renting has no discernible
impact.
This rental rights procurement complies within Article 11 of a trade-Related Aspects
of Intellectual Property rights (TRIPS) Agreement and was incorporated into the Act
in 1999. The Copyright Law protects these rights notwithstanding the fact that
perhaps the TRIPS Agreement does not particularly guarantee them (Section-57).
11
The case was not referred in the judgement.

31
The Act grants owners’ rights the “fair usage” and invert building exclusions” as in
the case of “literary production” (Section-52). The accompanying demos for
programmes are categorically not regarded as infringing on copyright: the lawful
proprietor of a duplication of such PC software creating duplicates of such PC
programme or alter such as duplicate—
1. To use the PC software for the intended purpose for which it was provided.
2. To make backup copies just as a temporary measure of protection against
misfortune, obliteration, or other harm I order to utilize the PC programme for the
intended purpose.
Section 52(ab) – (ad) of the Act permits reversed designing. Be aware that turn
around designing – often a necessity for learning, particularly in programming—
would not be possible under a system of patent administration.
RIGHTS UNDER LICENSE
In recognition of his current or future works protected by a copyrights, the owner
of a creative works has the power to grant or award a permission. To be valid, the
statement for the same must be in writing. It might specify the duration, level of
regional sovereignty, update, augmentation, and end date of the task/permit. Most
of the time, the task allows for ownership of the coding for a specific period of time.
At the conclusion of the job’s duration, all ownership privileges in the
work/programming revert to the owner unless such work is rechargeable (Section-
30-A). The widely agreed upon agreements between the gathering govern the
permit’s conditions. But even when the copyright’s job is done, the creator’s
unusual responsibilities (moral rights) can be exercised. The question, however, is
whether a permit agreement may deny the licensee the right to “fair use.” The Act
Section – 52 is silent on this subject, while Section –57 states that moral rights
cannot be violated in order to make a permission

32
CHAPTER – 4
ANALYZING OF COMPARATIVE DATA
In the light of the changes brought about by the rise of the internet, digitalization,
and an increasingly worldwide market for extremely effective virtual content, this
chapter examines how well the copyrights industries are behaving and growing. The
key financial structures of virtual content are described, and the top sectors
affected by copyright are identified. Research on country studies provide unbiased
accounts of the evolution of copyright’s economic significance and value. The
studies of nations highlight the key characteristics of each country’s copyright legal
standards and explain why they have changed over the last few years in addition to
defining whether intellectual property law have progressed. In the end, this
research will offer a comprehensive description of the ongoing talks over the
mainstream approach.
The writers of each nation’s plan emphasis how to optimize the instrument of
creativity and imagination by introducing renown & acknowledgment via copyright
bills, and these standards and guidelines had been established prior to the explosive
development of the digital generation. Because challenges develop upon a daily
basis and laws must be updated with the goal to address all concerns and give
remedies to the same reason, it is critical for all nations to continuously revising or
updating its copyrights regime in order to stay ahead of evolving concerns regarding
the utilization of technologies. The initial modification was implemented in the US
to the DMCA [Digital Millennium Copyright Act], which was approved in the year
1998, then in 2001, the EU [European Union] introduced Copyrights Directives.
Canada Passed the Copyright Modernization Act in the year 2012, and the EU’s
different member nations are currently considering it.

33
1. What is the scope of copyrights?
2. Copyright restrictions and exceptions?
3. How do I register my copyright?
4. How can copyright be enforced?
These are the sections that are discussed the most frequently and where the
majority of changes have been made throughout time.
It’s necessary to be aware of the accessibility of information or datasets difficulties
at the moment given the size of databases. With the rapid advancement of
technology, it is inevitable that data will be used for economic purposes. In the
modern era, only creative content, such as complications and databases of creative
works, falls within the jurisdiction of intellectual property rights, therefore legal
frameworks of numerous nations safeguard the above, however several nations
including:
I. Italy
II. European Union
III. Poland
IV. UK
They additionally presented the bill/law for strengthen the privileges of database
developers by incorporating non- creative databases under the purview of
copyrights. Orphan works refer to those that are produced by an individual whose
identity is unknown or cannot be established. Copyright protection is employed to
safeguard the author’s creative output. The challenge of how to safeguard them
arises because to the widespread use of orphan work on the internet. Countries like
Japan and Canada have adopted a “Public License” solution, which is given by the
government’s copyright office when a party demonstrates that great attempt was
made to find the legal owner but was unsuccessful. Currently, a newly approved EU

34
law on orphan works outlines some of the permissible uses of such works, while
many other nations still do not have orphan work policies.
The cost of sharing, changing, and duplicating information has increased in the era
of digitization, which has also increased the availability of stolen content. Therefore,
policymakers should remember that consumers should exercise caution and
flexibility while using such copyrighted material in the digital age. All nations have
taken into account the restriction and exception, and the same frameworks have
been established to permit the use of some unauthorized content for review,
criticism, educational purposes, etc. the use of copyright material’s contents for
commercial purposes is prohibited by law. To safeguard the individual who created
the original work’s legitimate interest, this is done. Thus, the essential two items in
restriction and Exception must be kept in mind.
1. The author’s moral rights must not be forfeited and,
2. The advancement of technology must not be impeded.
Copyright registration is required to safeguard a person’s rights and interests, and
it might also be extremely beneficial to save orphan works, however this system is
only optional as it is up to individual whether or not to register his original creation.
Copyright registration is now a voluntary process in a number of nations, including
the U.S., Canada, Japanese, and Korean. With the increased usage of the internet,
users have access to information from around the world, which also includes pirated
content.
Therefore, the primary goal of the legislative structure ought to be to prevent digital
piracy since it influences the actions of key market participants, and the laws should
be upheld to safeguard the rights of the rightsholder.
This chapter’s focus is on the experiences different nations have with the digital
copyright regime. There will be three sections:

35
1. Copyright from an economic standpoint.
2. Copyright and Interest issues related to the years of technological
development (Chapter 5 will address this).
3. A study of each nation’s legal system and the development of copyright.
THE ECONOMIC VIEW OF COPYRIGHT
As we already said, copyrights is a kind of intellectual property rights that grants the
work’s author specific rights for a certain amount of time. The copyright owner has
two exclusive rights to reproduce his work:
a. In written form, and
b. In the format of audio recordings.
c. Make a piece public or freely accessible.
d. To lend it out, provide a license for it, or adapt it, i.e., make a book, film,
screen recording out of his creativity.
There are also certain economic rights that are granted to those who are:
a. The rights of authorship
b. The rights of integrity
c. The appropriate to credit
d. The rights to divulge.
These rights are granted to the author even after the transfer of his copyright work
to a third party.

36
ECONOMIC VIEWPOINT
The listed below are the two major economic elements expression, covering audio,
and orchestral composition:
1. Non- rival: Can be utilized by several concurrently.
2. Non-Excludable: This specifies that writers cannot use contents in ways
that violate the law without having the necessary legal authorization.
The artwork wouldn’t be visible within the context of not-rivals artistic creations,
since it is diminished expense of creative work duplication within the age of
digitization, If there was no legal patent safeguards. Therefore, the justification for
ownership is that it is necessary to promote creativity and transmission by granting
the inventor some authority over how their creation may be utilized by others.
Directorial ownership through exclusive ownership offers significant financial
benefits and allows writers the potential to support themselves through their
creative works. This therefore paves the way for the reciprocal flourishing of culture
and producers.
The economic justification behind authorship entails that without it, others could
profit from authors’ workforce for free, thereby reducing the availability of
innovative products. Therefore, a shortage of adequate, acknowledged, and
efficiently enforced copyright will prevent future expenditures in original literature,
artistic, and innovative products. Ownership clearly serves an economic purpose,
and the legislation reflects this properly. An unique novel, screen play, orchestral
composition, or other literature or innovative work is challenging to create but
simple to replicate, according to the theory behind it.
Consequently, when copyright infringement is just too overwhelming, temptations
will naturally be powerful, whereas on the other side, if copyright infringement is
too minimal, few works of art would be generated and they’ll be of low quality.

37
“Copyright Protection, or the owner’s authority to restrict others from copying files,
balances the advantages of encouraging the creation of a works against the cost of
restricting access to it. The biggest concern with copyright legislation is filling the
appropriate balance among accessibility and incentives12.
The terms “copyright” and “delivery system” are distinct and cannot be used
interchangeably. When an audio disc is utilized for transmitting an audio file. Eg- an
audio file has been produced & safeguarded by copyrights laws; Nevertheless, when
users purchase that audio recording, users don’t gain control over that audio file.
ADVANCED COPYRIGHT ENTERPRISES
A technique was devised by WIPO (World Intellectual Property) in 2003 that
classifies form of intellectual property activity and identifies sectors of the economy
that rely heavily on copyrights13. They include:
1. Central Copyright Enterprises: ----
These businesses exist only to originate, manufacture, display, communicate,
disseminate, and promote form of intellectual property works, which include
novels, audio, movies, multimedia, graphics, applications, etc14.
2. Inter – dependent Copyright Enterprises: ----
These businesses handle with items that are used in conjunction with the main
sectors of the economy or with faciliatory aids. They also include production and
distribution of goods including desktops, disk drives, and TV’s sets, as well as the
production and distribution of stringed instruments, photography equipment, and
photocopier and recordings equipment. They offer the tools necessary for the
12
William M. Landes and Richard A. Posner Theory
13
Copyright Based Industries: Assessing their Weight Available at
http://www.wipo.int/wipo_magazine/en/2005/03/article_0012.html
14

38
creation, distribution, and consumption of products and services protected by
copyright15.
3. Partial Copyright Enterprises: ----
These enterprises, which include art, architectural, jewels, furnishings, as well as
other arts, only have a portion of their output associated with copyright content16.
4. Non – Dedicated Supporting Enterprises: ---
Which including Telecommunication, Logistics, and Basic Merchandise, which only
marginally depend on copyrighted content or where copyright creates a very minor
amount of their revenue. Based on a properly balanced copyrights elements, the
importance of these enterprises to authorship id determined17.
Central copyright intensive enterprises are all those completely devoted to
generating, manufacturing, and constructing, exhibiting, transmitting,
communicating, or distributing and marketing the artworks and other protected
works. The following are classified by WIPO as key copyright Enterprises18: ---
a. Media and literary
b. Theater, operatic, and musical acts
c. Videos and animation pictures
d. Tv’s and radios
e. Photography
f. Databases and programming
15
16
17
18
National Studies on Assessing the Economic Contribution Based industries available at
http://www.wipo.int/edocs/pubdocs/en/copyright/624/wipo_pub_624.pdf

39
g. Graphics and artistic arts
h. Advertisement
i. Organizations that handle collective rights.

40
REGIONAL STUDIES
Many nations in the modern world have copyrights laws that safeguard software
and applications.
INDIA
The Indian Copyright Act, 1957 controls India’s INTELLECTUAL PROPERTY RIGHT (IP
Act) laws for computer programmes. The statutes are recently undergone
modifications which have rendered it among the globe’s hardest legislation
regarding copyrights. Modification that was proposed within the month of June
1994 marked an important milestone within the arena of copyrights. For initial time,
the legislation identified the following viewpoint regarding: --
1. Copyright holder’s rights,
2. Viewpoint on software rentals,
3. Participant’s right to generate backup copies.
Developing or disseminating replicas of copyrighted information without valid and
explicit license is prohibited by the India Copyright Law 1957. The individual who
commits such crimes will be punished under both civil and criminal law as well as
the tribunal may inflict harsh punishments and penalties for trespassing on the
authorship19. Under Part XIII of a Copyright Law 1957, crimes are defined that may
be inflicted upon anybody who intentionally breaches of copyrights of compositions
nor a related artwork as defined in the provision of the legislation, unless as
19
Copyrights Law ,Sec.-14 https://copyright.gov.in/documents/copyrightrules1957.pdf

41
specified exemption in Section 53A, which is punished by a fine not less than R.S.
50,000 and a minimum of 6 months of jail, with a potential extension to 3 years20.
According to Section 2(ffb) of an Indian Copyright Law 1957, a “desktop” is any
electronically or equivalent with data computational power.
Section 2(ffc) defines “Software Program” as any sequence of commands, whether
represented in terms, coding, or some other form, capable of directing a computer
to achieve a specific job or outcome.
As works of literature, software programs, statistics, and assemblages are listed in
Section 2(o), as well as a computer database.
NEW HOLLAND [AUSTRALIA]
The first Copyright Law in Australia was passed in 1986 to govern copyright
concerns, and it has since been revised multiple times. When technology became
widespread in Australia, the system for regulating copyright was created to control
the consequence of the digital environment. Since 1968, when the original
copyright legislation was approved, approximately 60 revisions (large and small)
have been enacted to the statute, with 2006 being the most recent important
revision. The amendment strengthened pro government laws as well as re-
examined the issues regarding digital rights exceptions, but still it did not allow
individual duplication of digital products, where it had become a prevalent practice
these days21. Copyright Law in Australia seems to last 70 decades after the death of
the last living narrator. There aren’t any copyrights bureaus in Australia, although
20
Sec.- 63 of Copyrights Law
21
Copyright law of Australia

42
the public organizations are now The Attorney General’s Office & The IP Tribunals
of Australia22.
1. Attorney-General’s Office – Oversees the Copyright Law. Other sub department
under the department also include Commercial Law Branch and the Administrative
Law Branch, which are in charge of developing current copyright regulations. During
effective operation, the Bureau for the General’s Attorney Office may contact
additional organizations when required, which include the Board of Commerce and
Foreign Affairs, The Board of Telecommunication, & the Board of Educational
Institution among several.
2. The IP Tribunal- It is an institution oversee by the Australian Federal Court which
has authority regarding copyright infringement. In terms of database security, the
Australian Law doesn’t really safeguard Sui Generis Datasets; rather, authentic
databases are protected. Moreover, the law contains exceptions for “Fair Dealing”
this describes the utilization of copyright material that doesn’t require approval
from the copyright owner and includes:
1. Non – Commercial Investigation, like educational reasons
2. Appraisal and Condemnation
3. Expert Guidance
4. Investigative journalism
5. Comedy Purpose
There is no restriction for Orphaned works, and also no registration is necessary for
copyrighted material. For example, infringement of copyright is a civil issue in
Australia, but it can also be criminal in certain cases.
22
Martin Hinton, Daryle Rigney, Elliot Johnston: Indigenous Australian and the Law, Page 70.

43
AUSTRALIA’S EXISTING PROBLEM
For years and years, disputes about “Copyright in the Era of the Internet” have taken
place. The Australian Law Reform Commission recently produced a study titled
“Copyright and the Digital Revolution,” This advises the Australia Govt. implement
an idea about legitimate exemptions as well as reduce back legally binding licencing
regulations. The Australian Attorney General declared on February 14th, 2014,
stated ‘The government was going to start tackling a growing problem of digital
infringement.’
THE GREAT WHITE NORTH (CANADA)
The Copyrights Statue initially come in Canada during 1921, years before
technologies became functional as well as the World Wide Web was formed, and
it’s been revised multiple times since then. During 1997, the Roman Convention
Concerning the Protection for Artists, Production companies, and Broadcasting
Organizations was put into effect, offering protection to singers and producer of
audio recordings, and also introducing a new exceptions & restriction to copyright
in the statute. Then in 2007, another measure was approved in Canada that
changed the Criminal Laws and made it illegal to record a film at a cinema theatre
even without owner’s agreement if the conduct was done for a commercial reason.
The Copyright Modernization Act was revised in 2012, and the WIPO’s Internet
Treaties of 1996 were applied in Canada. The core objective of such revisions was
to provide individuals with a move versatile copyright regime that will support in
growing innovations and creativity in the digital age. Another goal was to empower
right proprietor’s new digital privileges. Copyright holders can now utilize TPMs
(Technological Protection Measures) in the form of electronic locks to prevent
illegal access to their protected content. These new restrictions also prohibit the

44
manufacture and sale of equipment designed to break electronic locks. These locks
are being used by online gaming software developers to secure their work.
The timeframe of safeguard under The Copyright Law in Canada seems to be 50
years after the demise of the last living creator, whereas in the scenario of audio
recordings, non-dramatic filmmaking works safeguarding of copyright law comes to
an end 50 years following the year of their 1st publication, while the exact same
principles apply to telecom transmissions. The Copyright Office as well as the
Copyright Board are really the two primary entities in Canada that regulate
copyrights.
1. The Copyrights Office shall be affiliated with the patent Office, and the
office’s tasks shall include copyright registration and licensing, in addition to the
maintenance of a copyrights record.
2. The Copyright Board is an independent, legal body that serves as an
administrative regulating authority. Authority has the ability to determine on the
royalty payments which need to be compensated for copyrights usage. The Board
has assigned a supervisory function to arbitrate on agreements between users and
licensing bodies.
Sui Generis Databases are not protected in Canada, as they are in Australia. An
assemblage is a piece of art created by the gathering or presentation of facts.
Moreover, laws safeguards databases in addition to unjust competition and trade
secrets. An additional licensing plan for orphaned creations is stipulated in the
Statute. To be granted a licence, an applicant must establish that “reasonable steps”
had been taken to identify copyright proprietors. The Copyright Board of Canada
issues the licence, which is only valid in Canada for a set period of time and usually
includes a royalty payment23. Copyright registration is not required in Canada.
23
Section 77 of Canada’s Copyright Act

45
CURRENT PROBLEM
The Great White North (Canadian) Govt. launched offered consultations on
Copyrights Policy in 2009. They provided an arena for numerous subjects to be
debated, including “Examination of Duration, The Creation and Inventiveness, Rival
and Investments, & Computerised Industry” are some of the other titles. As an
example, the subject matter “Copyrights and Yourself” sought comments on how
Canada’s copyright rules may affect specific consumers and how existing laws could
be modified. The topic “Development and Creativity” asked participants what kind
of copyright amendments would best support growth and innovation in Canada.
These disputes put pressure on the Canadian government to reform copyright rules.
The government announced the Digital Canadian project in the year 2014, which is
scheduled for completion met within 2017, are as follows:
1. Availability of rapid net access [5mbps] and cutting-edge wireless
technologies.
2. Online threat protection and technology misuse.
3. To exhibit technological and open data leadership.
4. Increasing the capacity of copyright-intensive industries in order to
capitalize on digital possibilities and promote content.
THE EUROPEAN UNION
The EU Copyrights regulations consists a large number of directives whose goal is to
unify the various copyright laws of the EU member states. As a result, member
states are obligated to incorporate such instruction into their national legal systems.
The applicable directives are as follows:

46
i. Multi Territorial licencing for artistic privileges & collectively administration
of copyrights along with associated privileges for nationwide usage digitally.
ii. Some authorized usage of orphaned creations.
iii. A Defence of software within the rules of law.
iv. Within the subject matter of IPR, rentals and borrowing privileges as well as
specific privileges connected with copyrights.
v. Duration for copyrights along with other associated privileges security.
vi. Safeguarding of creativity properties.
vii. Regarding a creator of a unique piece of artwork’s reselling privileges.
viii. Databases are protected legally.
ix. The copyrights associated privileges that apply at cables rebroadcast or
satellites broadcast.
x. Harmonizing some copyrights as well associated privileges within
informational environment.24
Copyrights last for seventy years after the demise of the final alive write, whereas
adjacent expire after fifty years have passed. Regarding the scenario of audiovisuals,
the periods remain seventy years. Databases security was initially thought during
1996 alongside the intention of providing database with uniform security. This
additionally offered an innovative kind of Sui Generis privilege to databases
producers. This stage of the EU, copyright is unable to be registered25.
GREAT NIHON [JAPAN]
A copyrights regulatory issues has been addressed by Japan’s copyrights statute. It
originated in 1970 and has been changed numerous times to address technical
development, deal with changes in society and economy, and conform with
worldwide system26.A clause concerning the utilization of “copyrights materials”
24
EU’s Directives available at https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation?
25
Duration of copyrights safeguards available at https://en-academic.com/dic.nsf/enwiki/1097127
26
Japan’s copyright’s law available at https://www.cric.or.jp/english/clj/ocl.html

47
was established in Act No. 43, which was recently amended. The aforementioned
legislation also reinforced the protection of associated right and copyright in order
to boost the effectiveness of anti-piracy efforts. In Japan, copyright for
cinematographic works expires 70 years after publication, but copyright for other
artistic creations including how they perform, novel, and audio recordings expires
50 years after the author’s death.
The Agency for the Affairs of Culture is the body handling matters related to
copyrights regarding the MEXT [Education, Sports, Science and Technology]
Ministry of Japan. Databases can be safeguarded as unique databases within Art.2-
12 of the legislation when “the choice or methodical building of the materials
comprised, constituted inventive works.” Restriction as well as exceptions are
additionally included within the statute for individual usage, replication at library
resources, academic, educational resources, and individual uses. Certification
seems optional within the nation and is usually completed vis the Japanese Cultural
Relations Bureau. In the nation of Japan, violating copyrights seems as civil issue
that may be prosecuted & may lead to an identical fine or jail sentence if a creator
files a lawsuit.
UK (GREAT BRITAIN)
Throughout The Great Britain, copyrights are safeguarded under the year 1988,
COPYRIGHTS DESIGN & PATENTS REGULATION [CDPA]. The Great Britain lawmakers
considered seriously the pertinent EU’s orders, especially Directives 2001/EC/29 &
Copyright Directives 2006/EC/11627. The latest version was made on October 29,
2014, when EU Orphans Works was implemented.
27
Harmonization and protection of Copyright Directives available at https://www.clarin.eu/content/clic-
overview-copyright-law?

48
Timespan of Rights
1. In the case of written, theatrical, audio, or creative artworks, Seventy years
after the expiration of the decade when a sole living creator of the artwork passes
away or after the material becomes accessible to the general community through
an official effectiveness, transmitted, presentation etc.
2. Audio tapes for Fifty years after the expiration of the decades when the
tapes originated. A copyright is valid for Seventy years via expiration of the year of
publication when it was initially released or publicly accessible by people worldwide
assuming that it occurs during the aforementioned time frame.
3. Motion pictures that are released Seventy years after expiration of the
decade when the final main supervisor or musician passed away. Ownership lapses
Seventy years when formation, or Seventy years when the project has been
rendered publicly accessible via an official effectiveness, transmitted, presentation
etc., When it happens during Seventy decades of its evolution, if the
artist/supervisor is unidentified.
4. Typographic classification of printed versions for Twenty-five years after
the expiration of the decade when the piece originally released.
If a database is original and fulfils the “originality” standards, it is protected as
Literary Work under UK Copyright Statute. “Database Right” protects all databases
in the United Kingdom, granting the owner the right to prevent his work from being
copied or used unauthorizedly28.
In the United Kingdom, the Bureau of UK Intellectual Property is in charge of
copyright regulations, while the Department for Culture, Media, and sport (DCMS)is
involved for advancing or expanding culturalism Copyrights-exhaustive enterprises,
28
Originality and Database Right Available at https://en.wikibooks.org/wiki/UK_Database_Law?

49
as well as leading upon specific subjects related to web & broadcast policies.29 An
additional exemption regarding copyrights came into effect between 1st June to 1st
October of 2014, establishing a foundation in a variety of sectors across the age of
digitization. In October 2014, the EU Directive establishing standard guidelines for
an exemption to copyright Statute enabling the digitalization & online exhibition of
orphan works was implemented.30
Present Problem
The topic of “Copyright in the modern era of the Internet” has been a prevalent
subject of public discussion over a number of years, but the current key problems
are as follows: -
1. Potential EU-level Copyright Reform that will Focus upon the Digital Single
Market.
2. Under the EU Copyright Framework, UK Copyright Reforms.
3. Overcoming the difficulties to the implementation of technological
innovations.
Case Law
Within the proceeding of “Sega Enterprises Ltd. v. Richards” that concerned
asserted replicas of a electronic games ‘Frogger’ the presiding officer pointed
towards the fact that the copyrights law of the United Kingdom provides immediate
safeguards for the original codes programmes along with additional safeguards for
29
DCMS available at https://parallelparliament.co.uk/dept/DCMS
30
EU’s Directive

50
the application codes programmes since it constitutes a modification of the original
codes.31
AMERICA [U.S.A]
In the USA, the protection of copyrights-related concerns is administering under
Copyrights Law of 1976, and this undergone statutory revision and enactments
throughout the year. Although the 1980 amendment added a definition of
“computer programme” and outlined exceptions, the 1976 copyright act did not
define computer programme as literary works. A program’s techniques and
algorithms are not shielded. The structure, chronology, and organization of a
programme, alongside the programmes graphical users’ interface, are all covered
under U.S. copyright protection for computer programmers. Look and feel refers to
those aspects considered as a whole. The majority of foreign jurisdiction still do not
acknowledge the safeguarding of such literal features. The U.S. Copyright Law
[DMCA], enforced in 1998. The WIPO,32IP Agreement & The Performance and
Phonographs Agreement were put into effect at the same time, and they also
contained measures for online Security and Right Administration System. It
additionally tackled a variety of further significant concerns, such as, among other
things, the establishments of appropriate restrictions on responsibility for suppliers
of online services when performing specific types of operations, as well as
exemptions for computer servicing and repair, electronic preservation by
publications/archives, and fragile recordings. Additionally, us courts are crucial in
interpreting Us Copyright Laws.
31
Sega Enterprises Ltd. Vs Richards 1983
32
DMCA & WIPO full form available on http://www.ala.org/advocacy/copyright/dmca?,
http://www.wipo.int/edocs/mdocs/mdocs/en/wipo_int_sin_98/...po_int_sin_98_10.doc?

51
A copyrightable piece produced in the USA is automatically safeguarded from its
date of invention throughout the duration of the life of the creator plus an
additional 70 years under the copyright legislation once it is made and established
in a tangible form of expression on or after the 1st of January 1978. But keep in mind
that this merely only an expression. There may be varying restrictions depending on
the date a work was made and if it was published. Additionally, the protection
conditions for pseudonymous, anonymous, and works created for pay also
represent exceptions to the fundamental life plus 70 terms.
In comparison to Australia &Canada, the United States never provide Sui Generis
Database protection; however, if the originality test is met, the database is covered
by the copyright and protection is provided.33
Case Law
The Court on review held that copyright could exist in computer programs
expressed in object code or embedded on a ROM (electronic read-only memory
device). The court found that copyright could exist in computer operating systems
and that the district court based its denial of the injunction in large part on an
erroneous view of the law. The court held that the jeopardy to plaintiff’s investment
and competitive position caused by defendant’s copying satisfied the requirement
of irreparable harm needed to support a preliminary injunction34. The court’s
decision in the proceeding of ‘Whelan Associates Inc. v. Jaslow Dental Laboratory’.
The concept of “Copyrightable topic of programming was defined as everyone what
33
Database Protection available at
http://www.researchgate.net/publication/228172643_Discoun..._Database_Protection?
34
Apple Computer Inc V Franklin Computer Corp. 1983

52
isn’t required for the intended use or functioning of a computer programmes,
encompassing the structures, series and arrangement.”35
An individual may submit a petition regarding authorization of his or her work in the
USA. It is not an obligation and is elective. Thus, As shortly an artwork is established
within a specific way of representation, protection is instantly granted to the
creator.
35
Whelan Associates, v. Jaslow Dental Laboratory available at https://silo.tips/download/copyright-in-
digital-era?

53
CHAPTER – 5
INTERNATIONAL FRAMEWORK FOR COPYRIGHT AND THE INTERNET
Alongside the Internet’s quick development has come a greater demand for
copyright protection, which is crucial and necessary in the digital age. The
protection provided by copyright laws, which were previously limited to
safeguarding works in tangible form, has recently been expanded to include works
on the internet, under the condition that they meet certain criteria. Therefore,
copyright’s primary goal is to safeguard original works that have been generated in
physical form (such as writing, typing, or recording). Because of the growth of the
internet and its widespread use, it is likely that copyright will be violated, and this
has led to mind-bogglingly easy and free infringement. Access to the internet and
the possible consequences of downloads generate brand-new, serious problems in
the area of copyright violation. The development in technology has made it simple
to replicate or modify content from one website and publish it on another, which
poses significant challenges for the conventional notion of privacy and safety.36
Anyone with a computer and a modern may become a well-known publisher since
all it takes is one mouse click to download, transfer, change, or create a subsidiary
work into another. Because it contains material in the form of images, sound, and
recordings, a website page qualifies for copyright protection even if it has very little
in common with a book, a magazine, or a CD-ROM containing sight and sound.
Copyrights regulation endowments an owner of the original work has only authority
to provide permission for reproduction, distribution, etc., but the applicability of
36
https://blog.ipleaders.in/analysis-of-copyright-issues-in-cyberspace/?

54
this concept online cannot wholly be tied to copyrights. Replication of document is
necessary for both studying information at workstations as well as transmitting
information across the web, which is equivalent to reading a book or magazine in a
store. This could result in the creation of an unauthorized or authorized duplicate
copy of the work after a temporary copy is made in the RAM of the client’s PC to
facilitate access. According to the legislation that is emerging on the issue and the
common viewpoint, since the duplicate copy made is temporary or sporadic, all
access to a website page would not be considered an infringement. Making links to
multiple locations inside the summary is another challenge that website owners
face. The transfer od data via the web as well as viewing information at a workspace,
which is analogous to studying a magazine or book in a store, require replication of
material. Following the construction of a temporary copy in the RAM of the client’s
PC to simplify access, this might lead to the development of an illegal or authorized
duplicate copy of the work. All visit to a website page would not be regarded as an
infringement, in accordance with the legislation that is developing on the subject
and the general opinion, as the duplicate copy created is transient or intermittent.
Additional difficulty faced by internet site proprietors is creating connections
toward numerous places inside the summary.
From the beginning, the Convention of Berne & the TRIPS Convention served as the
main foundations for global intellectual property laws for the safeguarding all
artwork. The Convention of Rome tackled during that point so-called Associated
Privileges concerns with soundtracks & performers. Since the year 1974, the
Worldwide Itell. Propt. Organisation [WIPO], an independent part of the UN
Corporation, has been in charge of overseeing major Global IP Treaties. Through the
assistance of the nations that it represents along with additional Global
organizations, UNESCO seeks to advance security around the entire globe.37.Right

55
now 179 nations remain the representative of WIPO and it administers six
copyrights agreements, which has an explicit intent & ambition of “homogenize
regional IP safeguards with an eventual sight closer to ensuring the establishment
of solidified, harmonious system of universal laws.”
states are the member of WIPO and it governs 6 copyright treaties having the clear
agenda and aim of “homogenizing national intellectual property protections with
an ultimate eye towards the creation of a unified, cohesive body of worldwide
international law.”38
CONVENTION OF BERNE
COPYRIGHT EMERGENCE THROUGH EARLY STATES RULES FOR
CONVENTION OF BERNE
The invention of publishing, leading for the immediate and affordable rejuvenation
for replicas of documents, is associated with the initial stages of copyrights. There
were extremely high requirements for written content, so it was the rise in the
artistic rates which substantially altered the marketplace for publications. Since an
outcome, it was chosen to safeguard the basic privileges of both the writer and
editor against any unlawful replication. A s a result, the fundamental copyrights
regulations came into effect. Which stipulated that, upon the expiration of a
specified term, the advantages enjoyed by Stationer’s for producing and distributing
copies of works shall be returned to the writers who wrote the publications, who
have the authority to grant advantages to third-party proprietors in their discretion.
38
Convention establishing the WIPO , Stockholm, !4, 1967,
https://en.wikipedia.org/wiki/World_Intellectual_Property_Organization?

56
The ordinance of Anna promoted a race in the dispersed economy through limiting
the imposition of business models and perceiving the inventors as the rightful
owner of the authority to authorize replication. After England recognized the
author’s right by an ordinance in Denmark in 1741, copyright quickly spread to all
other nations after that. Following the adoption of the first copyright legislation by
the United States in 1790, In Germany, copyright rules were supplied as a collection
of norms that governed publication agreements. Later in the twentieth century,
several German governments recognized writers as the lawful owners of their
creations and passed legislation to that effect. As a result, the notion of copyrights
regionalism came to indicate that copyright safeguarding was merely accessible
within certain areas of the nation. Therefore, it became critical for governments to
enter into Bilateral Agreements in order to preserve the works of writers living
outside the country. Mutually beneficial deals among EU’s have been envisioned in
the Twentieth Century, though they never emerged regularly applied due to their
non-comprehensive and inconsistent nature.39 The need for a consistent system of
protection arose, and on September 9, 1885, the initial universal agreements
regarding the protection of author’s rights were signed in Berne, Switzerland. The
Berne Convention is currently administered by WIPO in Geneva, Switzerland.
Agreements went through a couple of revisions to incorporate while taking into
consideration tha basic modification brought about by the publishing and
dissemination of literature and creative artwork.40
The Stockholm revision sought to reorganize the administrative along with
fundamental framework within the Geneva Alliance in response to the
technological developments which accompanied the Belgium revision in 1948
alongside demand of independent regions for utilization of projects that advance
an ultimate objective of improving nation-wide educational opportunities. At the
39
Bilateral agreement among EU’s
40
The Berne Convention for protection of literary and artistic works available at
http://www.wipo.int/edocs/mdocs/arab/en/wipo_cr_dam_05/wipo_cr_dam_05_8.doc?

57
Paris Agreement Modification Committee in 1971, alterations were made
concerning the special purchase for areas of development that had been made in
Sweden. The actual purchases permitted under the Sweden Convention in nearly
exactly the same manner, yet they weren’t ever carried out.41
Compliance with The Convention of Berne has risen in recent years due to greater
knowledge and necessity for copyrights safeguarded in the worldwide arena.
Additionally, there has been an explode within worldwide commerce of services and
products which were safeguarded through IP, since wealthy as well as poor nations
discovered the fact, it would be in their greatest advantage to establish an
extremely powerful guarantee for intellectuals’ resources with the goal to boost
exposure to commerce.
Berne Convention of City of Light Act 1971
The two most significant components of safety within the Berne Convention are-
1. National Treatment- though work originates in a particular member
country but has been safeguarded, all other member states have to handle it as
though it originated with their own nation.
2. Minimum Rights- The legislation of member nations must provide an
adequate degree of security.
Every unique output belonging to the writing, technological, or creative realm,
irrespective of the style or style it uses for communication is covered under the
compilation for safeguarded the creations under the second article. The third para.
Of Art.-2 further safeguards creations that rely upon the creations of others, such
as interpretations, musical extensions, and any additional changes made to a
41
Worldwide Organisation for safeguarding the copyrights and associate privileges

58
literature or creative piece. Additionally, the second para. Of Art.-2 permits nations
to stipulate that data to be maintained in a tangible way, such as writing or typing,
in order to provide security. For instance, as nation had a rule like this fixated
prerequisite, a choreographic piece would simply be safeguarded if the motions
have been captured on camera or wrote out using audio annotation.42
“The writer & their heirs for possession are protected and benefited by the sixth
para. of Art.-2 contained in the convention. The possession of copyrights within
specific kind of projects, which include “cinematographically creation” should be a
significance to statutes within the nation when safeguarding is asserted.
Illustration- Participating nations can state that the original holder of the licences
for these operates belong to the creator, instead of the supervisor or another
individual who invested towards the research’s production.” Publishers who
currently live in the nation which is a signatory to the “Agreement of Berne” are
safeguarded via Art.- 3 of the agreement, as a publisher who aren’t citizens or
inhabitants of that nation yet have to distribute their publications within one of the
participating nations.43
The Treaty safeguards a number of privileges:
i. Acknowledging ethical obligations.
ii. The capability to imitate in whatever medium and format.
iii. The privilege to showcase masterpiece of audio and performing arts
publicly.
iv. A willingness adaptability.
v. Its privilege to disseminate works that have been converted or replicated, as
well as the authority to create cinematic adaptations and replicas of
publications.
vi. Exclusive Economic privileges.
42
Art.-2 of Berne Convention available at https://www.law.cornell.edu/treaties/berne/berne.htm?
43
Art.- 2 & 3 of Berne Convention available at https://www.law.cornell.edu/treaties/berne/berne.htm?

59
According to Article 7, protection is provided for a minimum of the author’s life plus
50 years after his passing. Article 7 does, however, also provide for exceptions to
the general norm, i.e.
• Cinematographic works, (50 years from the publication of the work);
• Photographic artworks (at least 25 years of protection).
The Berne Convention’s adoption comes with a number of benefits. The primary
benefit is that all other states who are parties to the convention automatically grant
protection to authors’ work, which allows authors to profit financially from the
growth of markets. The fact that foreign writers’ works can be distributed with their
permission or assent as soon as a country joins the convention also increased the
rivalry for domestic authors. The legislation additionally established the United
Nations Court, which has adequate authority to rule upon matters involving nations
parties; however, administrations had the ability to seek defences, which was
considered an obstacle for the agreement, and numerous nations did so during the
moment44.
THE TRIPS CONVENTION
This originated during 1994, (as a component of the Uruguayan Round of GATT<
then WTO). Paris Act of the Berne Convention 1971, which provides specific
measures regarding safeguarding copyrights as well as is an Annex for the
Convention for Trade-Associated Features of IP privileges, but therefore all nations
who are participants in the convention are bound. The TRIPS Agreement recognized
software of computing by means of literature artworks covered by the Berne
44
http://www.rulg.com/documents/Retroactivity_Report_Russia.doc?

60
Agreement copyright protections, something the Berne Convention had previously
disregarded.45
50 decades after the demise of the author, or in the situation of works, 50 years
from the closing date of the year the work was first published or created, if the
duration of the period was impossible to determine. The agreement additionally
incorporate clauses about safeguarding of Associated Privileges & the enforcement
of IP Rights, including Copyright. According to this, performers had the freedom to
communicate to the public without obtaining permission on phonographs, wireless
transmission, or other media, unless it was necessary. Additionally, they were
permitted to rent out replicas of their phonograph.
Broadcasting associations have legal power to forbid the circumstances of fix of
their programmes, the duplication of such fixation, and the distant retransmission
of such telecasts in place of authorizing. Nevertheless, the TRIPS Agreement’s
commitment by member countries to provide such safeguards to the television
associations is open to a choice; nations can award copyright holders in
broadcasting programming with the intention to prevent identical demonstrations
and subjects to the provisions of the Berne Convention on Copyright. In accordance
with the provisions of the Rome Convention, the protection term for associated
rights is restricted to 50 years for performers and phonogram creators and 20 years
for broadcasting organizations.
The need to execute the agreement’s provisions is stated in Article 18 of the
agreement any national laws that are contracting parties are also required to
safeguard any performances and phonograms that were previously outside the
public domain. Last but not least, as can be seen above, the framework provides
clear provisions relating to the enforceability of rights in intellectual property,
45
TRIPS CONVENTION Intro. Article 10 clause 1 & 2 available at
http://www.wto.org/english/tratop_e/trips_e/intel2_e.htm?

61
including provision related to “associated rights,” and it also offers a mechanism for
member states to resolve disputes regarding consistency with the compliance
required by this Agreement.
CONVENTION OF ROME
The safeguarding of associated rights under the copyright laws regarding unlawful
copying was initially implemented by the phonogram industry. During the growth
of the right safeguards for phonogram makers and performers was presented at the
1928 Rome Diplomatic Conference, which was set up to amend the Convention of
Berne. The privileged position of performers attracted the ILO’s (International Labor
Office) intense attention. The Convention of Rome was finally written on October
26, 1961, following a meeting of BIRPI, UNESCO, and ILO in 1960.
LINKAGE BETWEEN COPYRIGHTS AND ASSOCIATED PRIVILEGES
Accordance with Article 1 within the Convention of Rome, a foreign meeting formed
which was referred to as “safeguard clause,” which specified that the safety
permitted by the Convention had to be completed and undamaged as well as that
it must not in any way affect the copyright safeguard that is granted to literary and
artistic works. It’s consequently forbidden to interpret any of the Rome
Convention’s clauses in a way which could compromise the safeguards of copyright.
According to Art.- 1, it’s obvious that wherever the writer’s consensus must be
obtained regarding future execution of the piece of art, the Convention of Rome
shall have no bearing on this prerequisite.
According to Article 24(2) of Convention of the Rome, in order to join the
Agreement, a country has to be a participant of UN, the Berne Union, and the UCC

62
(Universal Copyright Convention). Additionally, according to Article 28(4), if a state
no longer participates in either the Berne Union or the UCC, they are no longer
considered members of the convention. Due to its relationship to copyrights, the
Convention of Rome was occasionally considered to be a sealed of conference even
though any state that satisfies the aforementioned criteria is eligible to join.
Art.- 2(1) of Rome Agreement is similar to Art.- 2(1) of the Berne Treaty in that it
principally refers to the national treatment that a state affords to local
performances, phonograms, and telecasts under its local laws. According to Art.- 2
para. – 2 the national remedy pertains to all fundamental safeguards specifically
specified in this Agreement as well as the restrictions imposed by the Agreement.
In accordance with Article 4 of the Convention, artists have the right to national
treatment even though their execution occurs in a different Contracting State
(regardless of the country in which they are located), on the off chance that it
mergers with a phonogram that is safeguarded by this convention (in spite of the
nation in which they are located or the nation in which the execution genuinely
happened), or on an off chance that it is transmitted “live” (not recorded).
In order to ensure that the Agreement pf Rome is properly followed by the greatest
number of artists possible, several possibilities for eligibility for safeguards are
offered. “Producers of phonographic recordings are also qualified to receive the
regional remedy when they’re citizens of another Party to the Agreement
[regionality basis], the crucial attachment occurred in an alternate singing state
[fixations criteria], as well as the audio recording had been initially or continuously
published in another singing states [the creation manage laws], as mentioned within
Art.- 5 of the Agreement.
Additionally, transmitting connections are eligible for national treatment
irrespective of whether the initial transmitting connections was located within a
Contracting State or not (nationality principle) & when signals were sent via an

63
amplifier within an alternative participating nation. When Contracting Nations may
declare the fact that they would safeguard such transmissions in praise of an
identical Contracting State if both the nationality and territoriality criteria are
satisfied (Article 6).
By virtue of Article 13, a broadcasting organization encompasses the authority to
approve or deny the following measures:
1. Immediate rebroadcast of broadcast;
2. Regulating of transmission;
3. The reproduction of illegitimate fixations of transmissions or unauthorized
fixations for inappropriate ends;
4. Communicating with the general public using transmitters in public areas
without charging an amount.
It should be emphasized that the final right mentioned cannot be applied to letters
to human being as a whole or to merely transmission of sound, so it’s up to domestic
law to determine the circumstances whereby a right like that may be established.
Additionally, it should be pointed out that the Agreement of Rome fails to offer
safeguards against transmitted cable delivery.
The earliest period of safeguarding through the guidelines of Art.- 14 within the
Agreement of Rome is twenty decades, commencing with the expiration of each
decades that followed.
i. A compulsion originated [such as, for phonographic recordings & efforts].
ii. During that moment of the execution, for efforts that aren’t integrated into
phonograph or
iii. Broadcasting occurred during transmitters.

64
The Convention of Rome is commonly referred to as the “Pioneer Convention”.
The Convention of Rome clarified instruments of associated rights safeguarding
throughout a time when only a few countries had effective law guaranteeing
the safeguards of artists, creators of phonograms, and the television
associations. Within the turn of the 19th century, intellectual property rights
customs ended and complied with in the wake of every country’s statute.
Despite several additional nations have signed onto the agreement when it was
established in 1961, its effect on the development of national statutes remains
notable. Many countries have taken action to safeguard delighted rights, raising
the scope of country-specific laws that provide safeguards to phonogram
producers and transmitting organizations.
Additionally, an increasing number of States have made certain safeguards to
artists.
WIPO
WIPO established a specialized unit of the United Nations (UN), 1974. The Paris
Union Assembly, the International Bureau of Berne, commonly known as BIRPI and
the Executive Committee, were only a few of the agencies that were founded earlier
WIPO.
WIPO engages in 4 different types of operation:
i. Certification;
ii. Encouragement for intergovernmental collaboration for IP governance;
iii. Actions related to specialized programmes; and
iv. The dispute settlement mechanism;

65
When the convention creating WIPO was adopted, BIRPI was changed into WIPO.46
WORLD INTELLECTUAL PROPERTY RIGHT INTERNET TREATIES
The Bern Convention concerning the safeguarding for literature and creative
artworks was modified during Paris’s Laws in 1971, and as time went on,
developments in commercial and technological fields such as video technology,
satellite broadcasting, cable television, and a significant rise in the significance of
computer systems such as programmes, databases, and digital transmission system,
such as the internet, had an impact on the works produced. Therefore, a new
international standard was required for this purpose, and later in 1980, work began
on the creation of a new instrument at WIPO47. Throughout the initial preparations
leading up to the establishment of novel tools, it quickly became obvious that the
most crucial and critical assignment faced by the producing committee needed to
demonstrate present guidelines as well as provide novel requirements in
recognition of the difficulties generated by digitized gadgets, foremost the web. All
of these topics were together referred to as the “Digital Agenda” in this situation.
Two new treaties were ratified during a diplomatic conference that took place from
2-20 December, 1996: the WIPO Copyright Treaty (WCT) and the WIPO
Performances and Phonograms Treaty (WPPT).
These two treaties are closely connected to the “Digital Agenda” and deal with the
following topics:
1. Right to Reproduction in the Digital Era;
2. Digital World Limitations and Exceptions;
3. Protection via Technological Measures;
4. Right Management Information (RMI)
46
https://www.wipo.int/about-wipo/en/history.html?
47
https://en-academic.com/dic.nsf/enwiki/10960577?

66
WTC
Under the Berne Convention, the WIPO Copyright Treaty (WCT) is a specific
agreement which deal with the safeguarding of artworks and the ownership rights
of their creators in the world of digital media. Any Contracting Party shall adhere to
the substantive terms of the 1971 (Paris) Act of the Berne Convention for the
Protection of Literary and Artistic Works (1886), even if it is not a party to the Berne
Convention. The WCT also lists the following two topics as being covered by
copyright protection: Computer programs—regardless of how they are expressed—
as well as collection of data or other materials (collectively referred to as
“databases”) in any format that, due to the way their contents have been chosen or
organized, qualify as intellectual works. (In case if an information repository fails to
qualify as a legitimate creationism, then isn’t encompassed under the
Agreement.)48
Furthermore, the existing characteristics acknowledged by the Bern Agreement, the
agreement additionally offers creators the following additional rights:
i. Rights to distribution;
ii. Rights to renting; and
iii. A right to communicate with the general public.49
The ability to let the public to access both innovative & replicas of artwork complete
the auction or additional transference of proprietorship is known as rights of
distribution.
The rights of renting are an ability to permit the marketable renting to the
community of the inventive and replicas of trio different types of artworks:
48
https://wiki2.org/en/Berne_Convention?
49
Paper of Angeles University Foundation,
http://www.wipo.int/treaties/en/ip/wct/summary_wct.html?

67
• Computing programmes (excepting when the computing programme itself
isn’t the primary article of the renting);
• Cinematographic artworks (but only in situations where marketable rental
has resulted in widespread copying of such artworks, materially impairing
the exclusive right of reproduction); and
• Artwork personified in phonograms as determined by the nationwide50
An ability to communicate with the community encompasses an ability to made
works accessible to the community “in a Technique that the associates of the
community may admittance the work from a place and period independently
preferred by them” vis wired or wireless methods. The phrase that was used
specifically refers to interactive, on-demand communication through the Internet51.
For any type of work, the term of protection must last at least 50 years.
There’re no legally binding constraints might be enforced upon the utilization or
exercise among the Treaty’s Safeguarded Privileges.
“The Agreement necessitate the signing parties to hand over legal relief towards
creators who circumvent security measures [such a encrypting] utilized in the
context of the usage for their ownership interests, in addition to for creators who
remove or modify knowledge necessary for the administration [such as licencing,
acquiring or dispersing fees] for their ownership interests.”
REPRODUCTION RIGHT
The WPPT expressly grants artists and phonogram manufactures the only right to
reproduce works, and the WCT incorporate Article 9 of the Berne Conventions to
50
http://ssrana.in/global-ip/international-copyright/wipo-copyright-treaty-wct/?
51
https://www.wipo.int/treaties/en/ip/wct/summary_wct.html?

COPYRIGHT ISSUES IN DIGITAL AGE DISSERATION.pdf

COPYRIGHT ISSUES IN DIGITAL AGE DISSERATION.pdf

Recommended

Recommended

More Related Content

Similar to COPYRIGHT ISSUES IN DIGITAL AGE DISSERATION.pdf

Similar to COPYRIGHT ISSUES IN DIGITAL AGE DISSERATION.pdf (13)

Recently uploaded

Recently uploaded (20)

COPYRIGHT ISSUES IN DIGITAL AGE DISSERATION.pdf