Digital Technology and Copyright

SUBMITTED TO:

Ms. Aparajita Das

Faculty of Intellectual Property Rights

SUBMITTED BY:

Pragya Singh

Roll no. 114

SECTION C

SEMESTER VI,

B.A. LLB (HONS.)

6
Declaration of Originality

I, Pragya Singh, have undergone research of the project work titled “Digital Technology and
Copyright”, as a student of Corporate studies, hereby declare that- this Research Project has been
prepared by the student for academic purpose only, and is the outcome of the investigation done
by me and also prepared by myself under the supervision of Ms.Aparajita Das, Hidayatullah
National Law University, Raipur. The views expressed in the report are personal to the student
and do not reflect the views of any authority or any other person, and do not bind the statute in
any manner.

I also declare that this Research Paper or any part, thereof has not been or is not being submitted
elsewhere for the award of any degree or Diploma. This report is the intellectual property of the
on the part of student research work, and the same or any part thereof may not be used in any
manner whatsoever in writing.

Pragya Singh
Roll. No. 114
Section C

7
Acknowledgement
I feel highly elated to work on the project “​Digital Technology and Copyright​”. The practical
realisation of the project has obligated the assistance of many persons. Firstly I express my
deepest gratitude towards Ms. Aparajita Das,, to provide me with the opportunity to work on this
project. Her able guidanceship and supervision in terms of her lectures were of extreme help in
understanding and carrying out the nuances of this project.

I would also like to thank The University and the Vice Chancellor for providing extensive
database resources in the library and for the internet facilities provided by the University.

Some typography or printing errors might have crept in, which are deeply regretted. I would be
grateful to receive comments and suggestions to further improve this project.

Pragya Singh

Roll No. 114

Section C

8
Table of Contents
Declaration 2

Certificate 3

Acknowledgements 5

Introduction 6

Research Methodology 8

Context of Digital Rights 10

Database 13

Computer Software 17

Digital Piracy 21

National Law- Indian Adoption 22

Conclusion 25

Bibliography 27

9
Introduction
With the growth of Technology and more particularly digitization, the entire world has always
recognized the need for a Digital Copyright Law. In 1998, Government of India has passed the
Digital Millennium Copyright Act, which updates copyright laws to address the realities of
Digital Technology Therefore, the existing Copyright law has evolved, as the trend of
maintaining records in the form of Digital data clearly requires protection a need felt all around
the world.​ ​The advancement in technology posed new challenges to the existing copyright laws,
as the law was initially developed in the regime of print media that slowly brought under its
protective shelter creative works, paintings, drawings, sculptures, which later expanded to
photography and cinema as well.

These age old legislations and their core concepts in copyright law had to be revisited, so as to
make digital societal record progress. The technological copiers or recorders make the digital
data easily available, whom could lead to exploitation of the work vis a vis a free flow of
information in society, as the moment this digital record is placed in the public domain on the
internet the author loses all control.​ ​The evolution of copyright has been closely linked to
technological development. Whereas most of the technologies made copyright protection more
difficult, digital computers managed to alter the fundamental concepts behind copyright. These
challenges to copyright industry have emerged at a time when the share of copyright in national
economies is reaching unprecedented levels. It becomes critical to adjust the legal system to
respond to the new technological developments in an effective and appropriate way, keeping in
view the speed and pace of these developments.

Some of which are as follows:

A fair dealing exception has been extended to the reporting of current events, including the
reporting of a lecture delivered in public. Earlier, fair dealing exception was limited for

(i) Private or personal use, including research, and

(ii) Criticism or review, whether of that work or of any other work.

10
 Further, it has been clarified that the storing of any work in any electronic medium for the
purposes mentioned in this clause, including the incidental storage of any computer programme
which is not an infringing copy, does not constitute infringement. The transient and incidental
storage of a work or performance purely in the technical process of electronic transmission or
communication to the public;

The transient and incidental storage of a work or performance for the purpose of providing
electronic links, access or integration, where such links, access or integration has not been
expressly prohibited by the right holder, unless the person responsible is aware or has reasonable
grounds for believing that such storage is of an infringing copy: Provided that if the person
responsible for the storage of a copy, on a complaint from which any person has been prevented,
he may require such person to produce an order within fourteen days from the competent court
for the continued prevention of such storage;

The storing of a work in any medium by electronic means by a non​-​commercial public library,
for preservation if the library already possesses a non​-​digital copy of the work; The making of a
three​-​dimensional object from a two​-​dimensional artistic work, such as a technical drawing, for
the purposes of industrial application of any purely functional part of a useful device

The Digital Technology under the copyright law includes new works, computer programs,
databases; multimedia works etc initially raised many doubts about their coverage under
copyright laws. The development of Digital Technologies has drastically affected the data bases.
Multimedia works includes (as given in copyright act) phonogram, cinematographic film. Since
there is rapid development management of copyright in digital environment is essentially
required from all angles. WCT plays a major role in managing the digital environment. As per
the copyright Act knowingly making or possessing any plate for the purpose of making
infringing copies of copy righted work is a punishable offence. During the period of copyright,
certain special uses allowed without any specific permission from the copyright owners such as
for private, academic, educational, judicial or legislative purposes.

11
Research Methodology

STATEMENT OF PROBLEM

The various terms and definitions describing the subject matter of the Digital Technology and
its related copyright. The various stages of development and the ideal analysis of the status quo
of the digital era of copyright has been taken as the context of this study.

AIMS AND OBJECTIVES

The primary aim of this research work is to highlight the crucial outline of the elements of a
“Digital technology under copyright” and also whether it has been adhered to the ideals of the
concept the acts available in india. It also delves into the effect of implementation of new
measures.

SCOPE AND LIMITATIONS

The limitations to this project lie in the statutory changes brought to the copyright act
according to the need of the age. The researcher has truly aimed at achieving a neutral analysis
of the changes in acts so brought forth and tried gauging the effect it will have on the future of
Intellectual Property law.

OBJECTIVES

1. To grasp at the new concepts and changes of the digital age in copyright
2. To analyse the statutory boundaries of the thusly made amendments to cater to the
new emergences
3. To analyse the changes in a neutral light.

12
HYPOTHESIS

It is hypothesized by the researcher that the there are new phenomenon and species of copyright
due to transformation of “works” in the digital era.

METHODOLOGY

“Doctrinal (Non-Empirical) Method of Research” has been relied upon for conducting the
research. For the purpose of research Encyclopaedias’, Books, Reports on the relevant cases
have been employed.

MODE OF CITATION

A uniform system of NLS citation has been adopted throughout the project.

13
Context of Digital Rights
In 2006, Copyright office in India posted proposals to amend the Copyright Act, 1957on its
website. One of the proposed amendments seeks to introduce the Digital Rights Management
1
(DRM) in the Indian copyright law .The purpose for such introduction in the Indian copyright
laws has been to “keep pace with national and international developments and advance in
2
technologies,” ​a technological measure which is not only still in the evolutionary stages but the
policy itself is being reviewed by various countries, particularly USA, which spearheaded the
3
introduction of such rights in the realm of international law .​ ​The proposed introduction of such
provisions in the Indian copyright in spite of the fact that India not being a signatory to the
World Copyright treaties, is not under any obligation to introduce such changes, particularly, at
this stage of Indian socio-economic development when digital technology can play a vital role in
the developmental process. The rationale behind the introduction of these provisions in Indian
law is rather obscure but if it intends to tackle the escalating problem of piracy then such
introduction requires a better analysis in the light of the manner in which these provisions came
into existence in the realm of international as well as other national legislations and what has
been the consequent development following adoption of such provisions.

The Indian Copyright Law mainly consists of the Copyright Act 1957(The latest amendment
being, Act 27 of 2012 that came into force on 21 June, 2012). The amendments in 1994 were a

1
Proposed Section 2(xa) defines “Rights Management Information” and proposed sections 65B Protection of
Rights Management Information and section 65A introduces the anti- circumvention measures.
2
​http://copyright​.Gov. in/Logon.aspx
3
​Pamela Samuelson, The U.S Digital agenda at the WIPO, Virginia Journal International Law 37, no.2 (Winter
1997), p.1.
14
response to technological changes in the means of communication like broadcasting and
telecasting and the emergence of new technology like computer software.

The 1999 Amendments have made the copyright fully compatible with Trade-Related Aspects
of Intellectual Property Rights (TRIPS) Agreement. The Amendments introduced by the
Copyright Amendment Act, 2012 are significant in terms of range as they address the challenges
posed by the Internet and go beyond these challenges in their scope. The latest Amendment
harmonizes the Copyright Act, 1957 with WCT and WPPT. With these amendments, the Indian
Copyright Law has become a forward-looking piece of legislation and the general opinion is that,
barring a few aspects, the amended Act is capable of facing copyright challenges of digital
technologies including those of Internet. According to the Indian Act, 'publication' for purposes
of copyright means, “making a work available to the public by issue of copies or by
4
communicating the work to the public”.

This definition, by virtue of its non-restrictiveness, can be construed as covering electronic

publishing and, thereby, 'publication' on the Internet. Under the 2012 Amendment the definition
of the term “communication to the public” has been amended. The erstwhile definition was
applicable only to “works”. If the work or performance is made available, whether
simultaneously or at places and times chosen individually, this would also be considered as
communication to „public‟.

Thus, on demand services (video on demand, music on demand); will clearly be considered as
“communication to public”. Section 57 of the Act recognizes special rights of the author of the
work, also known as “moral rights” viz.

(i) Right to claim authorship of the work; and

(ii) Right to restrain or claim damages in respect of any distortion, mutilation,
modification or other act in relation to the said work if such distortion, mutilation,

4
​ ttps://www.intepat.com/bloog/copyright/emerging-trends-digital-copyright-law-india/​ as seen on 22​nd
h
September 2016
15
 modification or other act would be prejudicial to his honour or reputation (“Right
Against Distortion”).

The said section also provided that such moral rights (except the right to claim authorship)
could be exercised by legal representatives of the author Pursuant to the 2012 Amendment,
the exclusion has been removed and the right to claim authorship can now be exercised by
legal representatives of the author as well. Therefore, post death of the author, if he is not
given credit for his work, then legal representatives, may take necessary action to remedy
such breach. As per the Amendment, the right against distortion is available even after the
expiry of the term of copyright. Earlier, it was available only against distortion, mutilation
etc. one during the term of copyright of the work. Section 52 of the Copyright Act, 1957
includes in itself the principle of limitation and exception as envisaged under Article 10 of
WCT.

The acts expressly allowed under Indian law include fair dealing with a literary, dramatic,
musical or artistic work (not including a computer program) for the purpose of private and
personal use including research, criticism or review, the making of copies or adaptation of a
computer programme by the lawful possessor of a copy of such computer programme, from
such copy in order to

(1) utilize the computer programme for the purposes for which it was supplied; or

(2) make back-up copies purely as a temporary protection against loss, destruction or
damage in order only to utilize the computer programme for the purpose for which it was
supplied.

16
Database
The term database is used to describe a compilation of works, data or other materials (i.e.
collection of facts) arranged in a systematic or by logical principles methodical way. In other
words, ordered set up by the compiler. In the Indian Copyright Act, there is no specific meanings
attached to the expression databases or computer databases. Compilations including databases
5
are defined as literary works .
In contrast, the latest version of the draft ​European Commission Directive on Databases
Copyright ​states "Database means a collection of works, data or other materials arranged in a
systematic and methodical way and capable of being accessed by electronic or other means. It
includes the materials necessary for the operation and consultation of a database, such as a
thesaurus and indexing".
This definition does not include the computer programmes used in the making or operation of
6
databases . However, the term compilation is more sharply defined in the U.S. Copyright Act :

5
Indian Copyright Act with amendments in 1994, 1994
6
LISLEX : Legal Issues of Concern to the Library and Information Sector. J Inf Sci 1995,21 (4), 300-4
17
"A compilation is a work formed by the collection and assembling of pre-existing material, or of
data that are selected, co-ordinated or arranged in such a way that the resulting work as a whole
constitutes an original work of authorship".
Incidentally, in the U.S. law the term compilation as defined above refers only to databases
comprising non-copyrightable items; there is separate copyright protection defined under the
7
terms `collective works' and `derivative works' for compilations made up of copyrightable items
.
One, therefore, notes that there are ambiguities and the concept of database is not always clearly
understood. This ambiguity implies that there is scope to debate what are the best means of
8
protecting databases.

Test of Originality in Database:

A database is eligible for copyright protection if it is a result of great deal of effort, skill and
labor. For getting such protection it has to satisfy the test of 'originality'. Compilation of
non-original works may also possess the requisite originality. Original does not mean the
expression of original or inventive thought.16Copyright laws are not concerned with the origin
of ideas, but with the expression of thoughts and in the case of literary work with the expression
of thoughts in print or in writing. The compiling author makes his selection of individual items
9
of the database to include them in an

1. Orderly manner

2. Arrangement in a effective way for users

3. Direction of compilation is sufficiently original.

The originality, which is required, is related to the expression of thought, but copyright law does
not require that the expression must be in original or novel form, only, that work must not be
copied from another work and it should originate from "originality" to determine if it may

7
Samuels, J. M. ed: Patent, Trademark & Copyright Laws, USA, 1989.
8

http://www.lakshmisri.com/News-and-Publications/Archives/Publication/Is-there-a-database-right-protection-in-I
ndia
9
17​ Samaddar. Shefalika, Intellectual Property Right Issue in Digital Era Part I -Copyright
18
 10
receive copyright protection. ​Kamar Int'l v. Russ Berrie & Co (originality is the sine qua non
of copyrightability). Originality requires an author to contribute something more than a "merely
trivial" variation which is recognizably "his own."

Protection of Databases under Copyright Laws

Most national systems have gradually moved in the direction of providing protection to computer
software and databases under copyright law. In principle, it is the skill, labour and judgement of
the author that is protected irrespective of the form in which the product appears e.g. whether one
types a book on a old-fashioned typewriter or transforms it in a digitized form or in handwritten
form. Any reproduction of the work including translations is considered a reproduction of the
original.

A work is copyrightable if described as being fixed in a tangible medium of expression when its
embodiment in a copy or phonorecord, or otherwise communicated for a period of more than
transitory duration. In other words, if a work is created on a word processor so that it is projected
briefly on screen or captured only momentarily in the memory of a computer that work is not
fixed and cannot be protected by copyright.

Computer databases, which are electronic files of information "formed by the collection,
assembly, and arrangement of pre-existing materials or data" are thus, considered protected,
provided the resulting work as a whole constitutes original authorship.

Protection of databases in India:

Databases are protected as collections or compilations of literary and artistic works. The Indian
Copyright Act, amended in 1994, provides protection for databases as ‘literary works’, which
amongst others include works such as computer programmes, tables and compilations, and
computer databases (The Copyright Act, 1994). It is the skill, labour, and judgment of the author
that is protected, irrespective of the form in which the product appears.

Indian Copyright Act, 1957 protects “Databases” as ‘literary works’ under Section 13 (1) (a) of
the Act which says that Copyright shall subsists throughout India in original literary, dramatic,
musical and artistic works. The definition of literary works “as defined under Section 2(o) of

10
657 F.2d 1059, 1061 (9th Cir. 1981).
19
Copyright Act, 1957 includes computer programmes, tables and compilations including
computer data basis. Section 63B of the Indian Copyright Act provides that any person who
knowingly makes use on a computer of an infringing copy of computer program shall be
punishable for a minimum period of six months and a maximum of three years in prison.

The Information Technology Act, 2000 defines “Data” under Section 2(o) as a representation of
information, knowledge, facts, concepts or instructions, which are being prepared or have been
prepared in a formalized manner and is intended to be processed, is being processed or has been
processed in a computer, computer system or computer net-work and may be in any form
(including) computer print outs, magnetic or optical storage media, punched cards.

Section 43 of the Act is very wide and cover instances of cracking the computer codes, computer
trespass, digital copying, violation of privacy, data theft etc. Section 66 of the Act provides for
penal liabilities to the person, who with the intent to cause or knowingly that he is likely to cause
wrongful or loss or damage to the public or any person, alters or destroys any information
residing in the computer resource or diminishes its value or utility or affects it injuriously by any
means, the term commonly used for such crimes is ‘hacking’.

20
Computer Software
For a computer to work, it has to be programmed, i.e. given a set of instructions in a language
that computers understand. These programs are referred to as "software", to distinguish them
from "hardware" (the physical objects that make up a computer system, such as microchips,
processors, the keyboard, etc.). In this briefing paper, the terms "software" and "computer
program" will be treated as synonyms. Here are some examples of software:

a. Operating systems, such as Microsoft Windows, and Linux. The operating system is the
computer program that organizes.
b. All of the other computer programs.
c. Software for general, everyday use, such Web browsers, word processors, spreadsheets,
software for making presentations, etc.
d. More specialized software, such as computer-aided design software, software for
statisticians, software for accountants, etc.
e. The software that makes the Internet work, such as Web server software (which sends
Web pages to your Web browser on demand)-
In order to understand the law of software copyright, it is necessary to understand two technical
terms: "source code" and "object code".

21
"​Source code​" is a computer program in the form written by a programmer (in a language such
as Perl or C).

"​Object code​" is a computer program converted into the form in which a computer would run it
(in "machine language", i.e. ones and zeros). To convert source code into object code, you use a
special computer program called a "compiler". Note that a computer program will (generally
speaking) exist in two forms: the source code form (the form in which it was written by human
beings), and the object code form (the form in which a computer runs it).
These are two different forms of one and the same computer program. So far as copyright law is
concerned, both of these forms are covered by the definition of "computer program".
Furthermore, the two forms are regarded as equivalent, in the sense that whoever owns the
copyright in the source code will automatically own the copyright in the object code.

The Directive also states that a computer program incorporated into the design of a silicon chip is
nonetheless considered to be software for legal purposes. This makes sense: any computer
program could theoretically be build into the design of a silicon chip, and it seems only
reasonable that doing this has no effect on copyright

Copyright Protection of Computer Software/Program

Copyright matters most in the computer software industry to the off-the-shelf business
applications sector. Unlike bespoke software applications, these products have a mass market
and can be easily copied. Copyright protection enables companies to prevent copying, limit
competition and charge monopoly prices for these products. In developing countries, this
presents two main problems. First, as there is currently widespread copying together with low
local purchasing power in developing countries, there is a concern that stronger protection and
enforcement could mean a more limited diffusion of such technologies. This may be a particular
risk because the network effects of business applications tend to re-enforce the dominance of
existing software producers. Examining the evidence, however, we conclude that this problem is
not insurmountable for developing countries, if the right steps are taken. For example,

22
governments and donor organizations could review their software procurement policies with a
view to giving greater consideration to low cost business software products, including generic
11
and opensource products that are widely available .
The second problem is that where the source code of software is also protected, this may make it
harder to adapt the products for local needs. It may also restrain competition in development of
inter-operating applications, through follow-on innovation by reverse engineering. Under TRIPS,
developing countries are permitted the flexibility to allow reverse engineering of software, so
this problem may be avoided if national copyright laws are drafted appropriately. As another
12
practical measure, more widespread use of the various open source software products, where
13
source code is made available unlike proprietary software, may be considered.

Alternatively, some in industry argue that with stronger copyright enforcement, closed source
proprietary developers may be more willing to make source code available to software
developers in developing countries.
It is clearly beyond our mandate to recommend what kind of policies developing countries
should follow for procurement of computer software. For instance, whilst low cost or open
source software may ​a priori o​ ffer cost and other advantages over proprietary software, many
factors besides software license fees affect the total cost of an IT system such as customizing the
system to the user’s specific needs, as well as servicing, and maintaining the system. That said,
given the considerable needs which developing countries have for information and
communication technologies and the limited funds which are available, it would seem sensible
that governments and donors should certainly consider supporting programs to raise awareness
about low cost options, including open source software, in developing countries. In present time
most countries have protected computer software and programs under copyright.

11
ibid
12

13
​A famous example of open source software is “Linux”, a Unix-like operating system for personal computers,
developed at the University of Helsinki in 1991 and freely available. Linux is distributed with its source code under
a “general public license”.
23
In India, the Intellectual Property Rights (IPR) of computer software is covered under the
Copyright Law. Accordingly, the copyright of computer software is protected under the
provisions of Indian Copyright Act 1957. Major changes to Indian Copyright Law were
introduced in 1994 and came into effect from 10 May 1995. These changes or amendments made
the Indian Copyright law one of the toughest in the world. The amendments to the Copyright Act
introduced in June 1994 were, in themselves, a landmark in the India's copyright arena. For the
14
first time in India, the Copyright Law clearly explained:

a. The rights of a copyright holder

b. Position on rentals of software
c. The rights of the user to make backup copies

Since most software is easy to duplicate, and the copy is usually as good as original, the
Copyright Act was needed. Some of the key aspects of the law are:
● According to ​Section 14 ​of this Act, it is illegal to make or distribute copies of
copyrighted software without proper or specific authorization.
● The violator can be tried under both civil and criminal law.
● A civil and criminal action may be instituted for injunction, actual damages (including
violator's profits) or statutory damages per infringement etc.
● Heavy punishment and fines for infringement of software copyright.
● Section 63 B​25 stipulates a minimum jail term of 7 days, which can be extended up to 3
years.
● Section 2(ffb)​26 provides that: ​"Computer"​ includes any electronic or similar device
having information processing capabilities.
● Section 2(ffc)27 ​defines: "​Computer program"​ means set of instructions expressed in
words, codes, schemes or in any other form, including a machine- readable medium,
capable of causing a computer to perform a particular task or achieve a particular result.

14
ibid
24
 ● Section 2(o) 28 ​provides that: "​Literary work​" includes computer programs, tables and
compilations including computer database.

Digital​ ​Piracy
Piracy of copyrighted materials and demand for a stronger intellectual property rights
is not a new phenomenon and comes to light every time technology comes up with methods of
better reproductions, starting from printing machine to VCRs. At all times, the copyists have
made efforts to free-ride on the labour of others and policy makers have come up with solutions
to curb this practice by providing strict measures to curb copyright infringement and provide
incentive to create.
The most important aspect of digital content is that access to the content is synonymous with
control of the content which added with the low cost of content reproduction and dissemination

25
causes virtual loss of ownership in terms of the content’s economic value. This is a major
problem for the content owners. Digitization has affected the copyright material in several ways
– simplication of reproducibility, reduction in costs of reproduction, easier substitutability of the
digitized copies and equally inexpensive dissemination of digitized products.​6 ​Digital
reproducibility has enhanced the compression and storage of digital content, easier extraction of
15
digital content from such storage media ​and easier communication of such digital content over
internet. The obvious fall out has been that copyright material has come under threat of
unauthorized copying which tends to deprive the author and copyright owner of the economic
returns on their investment of labor and capital which in turn is a disincentive for such
16
production.

This also affects the developmental theory of copyright because if unauthorized digital copying
affects creative production it also affects the development based on such copyright industries.​9
Copyright industries, particularly the audio- visual industries (AVI) are the worst hit by such
piracy because the digital technologies have mostly been adopted by these industries over the
years. AVI players sought to contain this threat by ‘regulating technologies that aid
17
infringement.’

National law Adoption of WIPO treaties in

Indian Copyright Act
Section 65A adopts the anti – circumvention provision of Article 11 of the WCT and Article 65B
adopts Article 12 of the WCT. On closer analysis of the proposed amendments in the Copyright
Act, 1957, it is observed that the provisions introducing anti- circumvention measures and DRMs
have been closely guarded to include several exceptions and limitations that concerns India. The
proposed amendments have not dealt with the ‘preparatory acts’ concept of the internet

15
​Development of Ripping technology : WIPO Standing Committee Report on Copyright and
related Rights, 2004,SCCR/10/2/Rev. [hereinafter WIPO-SCCR]
16
​Peter K. Yu, Digital Piracy and the Copyright Response at http://www. Peteryu. Com/ piracy, pdf,
17
​Samuelson, p. 28.
26
treaties and has only provided for ‘anti – circumvention only ‘ provision under section 65A:

“(1) Any person who circumvents an effective technological measure applied for the purpose of
protecting any of the rights conferred by this Act, with the intention of infringing such rights,
shall be punishable with imprisonment which may extend to two years and shall also be liable to
fine.” Although the act prohibits importation of infringing goods within Indian territories under
section 53 but the concept of preparatory acts for circumvention cannot be equated to
importation of circumventing goods alone and wider definition it seems, has been avoided.

The proposed sub-section (2) to section 65A provides: “Nothing in sub- section (1) shall prevent
any person from –

(a) doing anything referred to therein for a purpose not expressly prohibited by this Act:

Provided that any person facilitating circumvention by another person of a technological measure
for such a purpose shall maintain a complete record of such other person including his name,
address and all relevant particulars necessary to identify him and the purpose for which he has
been facilitated; or

(b) Doing anything necessary to conduct encryption research using a lawfully obtained encrypted
copy;
(c) conducting any lawful investigation;
(d) doing anything necessary for the purpose of testing the security of a computer system or a
computer network with the authorization of its owner or operator; or
(e) Doing anything necessary to circumvent technological measures intended for identification
surveillance of a user;
(f) taking measures necessary in the interest of national security .

27
Section 52 of the Copyright Act, 1957 includes in itself the principle of limitation and exception
as envisaged under Article 10 of WCT. The Act expressly allowed under Indian law include fair
dealing with a literary, dramatic, musical or artistic work (not including a computer programme )
18
for the purposes of – private and personal use including research, criticism or review ​the
making of copies or adaptation of a computer programme by the lawful possessor of a copy of
such computer programme, from such copy –
(i) In order to utilize the computer programme for the purposes for which it was supplied; or
(ii) To make back –up copies purely as a temporary protection against loss, destruction or
damage in order only to utilize the computer programme for the purpose for which it was
supplied.
The other acts allowed under the section 52 includes a fair dealing of works for the purpose of
news reporting or cinema, for judicial proceedings, for legislative purposes, for educational and
instructional purposes, for nonprofit and private consumption of sound recordings (but not
cinematographic works), reproduction of any work for disabled persons including their lawful
importations.
However, the reach and extent of the provision is very limited and the term ‘any circumvention
used in section 65A read with ‘with the intention of infringing such rights’ may be interpreted to
include almost any act barring those specified under section 52 to fall under requirement of anti-
circumvention. The proposed exceptions under the Indian laws are wide enough for a more a
liberal interpretations provided the legislator clarify the objective behind the introduction of the
TPMs(Technology Protection Measures) and anti-circumvention provisions in the legislative
history rather than merely putting it as ‘to keep pace with …… the rapid advance of technology.’

19
The provision for RMIs under the proposed section 65B is an absolute reflection of the
provisions for the internet treaties in this regard and the definition for the RMI is provided in the
definition clause under section 2(xa) with a proviso for privacy right by excluding ‘any device

18
​Alongwith an Explanation: “The storing of any work in any electronic medium for the above
purposes, including the incidental storage of any computer programme which is not itself an infringing copy for the
said purposes, shall not constitute infringement of copyright.”
19
​Proposed Section 2(xa) defines “Rights Management Information” and proposed sections 65B Protection of
Rights Management Information and section 65A introduces the anti- circumvention measures.
28
or procedure intended to identify the user’ from the definition. The utility of this provision in the
Indian context, as discussed later, is questionable when these technologies are still in various
developmental stages. The rule making power under the Indian Copyright Act vests with the
20
central government ​acting through Registrar of copyrights and Copyright Board, the provision
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similar to the rule making powers under the DMCA .​ ​Entrusted to Librarian of Congress which
would revise the classes of work to which the act of circumventing technological measures by
certain person is permitted, may be provided to the Registrar of Copyrights under the Indian law.

The discussion has so far concentrated on the legislative provisions already adopted in
US and intended to be adopted in India without providing any value judgment as to their utility
or effects in India. The most important aspect is to analyze what effects the TPMs and DRMs
(Digital Rights Management )may have in the Indian society for which it is important to
understand who are the stakeholders in this legislative process initiated in India and whether
these measures would in any manner effect the larger societal value of copyrights

Conclusion

20
​Section 78 of the Indian Copyright Act.
21
​Section 1201 (a) (1)(c) of DMCA.
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The modern era in a converging angle can be called digital era as world is live through digital
technology. At a dazzling glance we should know what a digital technology is. The digital
technology is a technology that uses digits 0 and 1 to function the creator’s art. Digital
technology is banded in artistic work and therefore essentially requires copyright protection.
Thus copyright has come into picture. The definition of artistic work that requires copyright is
ingrained in s.2 (c) of The Indian Copyrights Act 1957. The protection of Copyright in digital era
is discussed in detail.

To plough the topic in the best way the works in which copyright exists must be known; is stated
in s.13 of The Indian Copyright Act. The meaning of copyright is briefly described in s.14 of the
said Act. The digital age is started in the second millennium and it means that every shop,
company or institution have at least one computer. The digital age came into its healthy stage in
a tremendous time which is ipso facto evident from the introduction of digital camera, digital
computers, digital books etc. Digitalization is an outcome of computer revolution and has
introduced copyrighted works, including text, music, and video, has dramatically increased the
efficiency of unauthorized copying. Infringers can produce thousands of perfect copies of
copyrighted works at little cost.

Copyright is said to be infringed if an owner of the artistic work lost protection to his creations.
Digital rights management (DRM) is a class of access control technologies that are used by
hardware manufacturers, publishers, copyright holders and individuals with the intent to limit the
use of digital content and devices after sale. DRM is any technology that inhibits uses of digital
content that are not desired or intended by the content provider. DRM technologies attempt to
give control to the seller of digital content or devices after it has been given to a consumer. .
Ripping, combined with the Internet and popular file sharing tools, has made unauthorized
distribution of copies of copyrighted digital media (digital piracy) much easier.

DRM technologies enable content publishers to enforce their own access policies on content, like
restrictions on copying or viewing. Common DRM techniques include – Restrictive Licensing
Agreements & Scrambling of Expressive Material & Embedding of a tag.

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Copyright owners have attempted to combat to the threats of infringement in numerous ways.
They have sued the providers and users of online file sharing networks and developed
technological barriers to unauthorized copying. They have also lobbied governments to
strengthen legal protections. They have also encouraged police and prosecutors to use criminal
copyright law more liberally. Infringement was generally considered a private, economic wrong
enforced by copyright owners pursuing private law suits and remedied by injunctions, damages
and other civil remedies. Digitalization increases the quality of copyrighted content and reduces
the cost of delivering to consumers. Hence DRM has vital importance in the digital era. The
emergence of digital technologies towards the concluding decades of the 20th century as
defining paradigms of new age communication raised a whole new set of challenges to copyright
regimes

Bibliography
​Websites
● http://copyright.Gov. in/Logon.aspx

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 ● https://www.intepat.com/bloog/copyright/emerging-trends-digital-copyright-law-india/
●
http://www.lakshmisri.com/News-and-Publications/Archives/Publication/Is-there-a-data
base-right-protection-in-India
● http://www. Peteryu. Com/ piracy

Articles

● Samaddar. Shefalika, Intellectual Property Right Issue in Digital Era Part I –Copyright
● Development of Ripping technology : WIPO Standing Committee Report on Copyright
and related Rights
● Peter K. Yu, Digital Piracy and the Copyright Response
● LISLEX : Legal Issues of Concern to the Library and Information Sector
● Pamela Samuelson, The U.S Digital agenda at the WIPO
● Copyright Protection in Digital Environment: Emerging Issues By Fareed Ahmad Rafiqi
& Iftikhar Hussian Bhat
● Copyright in Digital Era by Alok Kumar Yadav
● Indian Copyright Law and Digital Technologies by TC James
● The Future Development of Copyright in India by Sanjib Chakraborty

Acts
● Indian Copyright Act with amendments in 1994, 1994
● Patent, Trademark & Copyright Laws, USA, 1989.
● Digital Millennium Copyright Act (DMCA), 1998

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