Copyright law: as the name suggests, if you create something, you own it and have the power to decide the usage of the creation. Which in simple words means, a law that protects the creation of the creators; however, in the digital era with the advancement in technologies and artificial intelligence, copyright protection has become a major area of concern for the creators, as illegal reproduction and distribution without authorization has become much easier than ever before, thus causing difficulties in enforcement of the law to protect the minds and creation of the creators. Here in this article, we will briefly explore the concept of copyright and the challenges caused by AI and digitalization.
What is Copyright?
Copyright is the legal protection given to the creators for their original works. These works include musical, dramatic, literacy and artistic work along with cinematography and sound recordings.
As per section 14 of the copyright Act, 1957, copyrights include rights such as reproduction, adaptation, publication communication of works to the public etc. It however, does not prevent others from using the idea or the information.
Historical development of Copyright law.
The historical development of copyright law dates back to the statute of Anne in England in 1710, which laid down various rules for protection of copyrights. In the year 1847, the English copyright act of 1842 was extended to all the British colony including India. This marked the first copyright law for the protection of literary work in colonial India. In the year 1914, the Indian copyright Act was enacted, which replaced the earlier English law and now also included protection for musical, artistic and dramatic work. Lastly, in 1957, the Indian copyright Act marked a significant step forward by including cinematographic films and sound recording. with amendments in 1983, 1984, 1992, 1994 and 2012 being the latest amendment.
Subject matter of Copyright
The scope and the subject matter of copyright is mentioned under the article 13 of the copyright Act,1957 which are as follows:
- Literacy works: This category includes written content such as books, novels, poems etc. Unauthorized reproduction or distribution constitutes infringement, as it can be only done by the original owner of the work
- Dramatic: "dramatic work" includes any piece of entertainment in dumb show choreographic, acting, screenplay or a stage performance.
- Musical work: Musical work means musical compositions, lyrics and music albums.
- Artistic work: artistic work means a painting, a sculpture, a drawing, an engraving or a photograph, a work of architecture or any other work of artistic craftsmanship.
- Cinematography films: "Cinematography films" include feature length movies, documentaries etc.
- Sound recordings: this includes recorded music, audiobooks etc. copyright here exclusively belongs to the producer, who controls the distribution and reproduction.
Objectives of copyright law
The main objective of the copyright is to promote creativity and artistic work by giving exclusive right over their creation and to compensate the authors/composers for their labour. This legal protection encourages individuals and creators to invest time, effort and resources to bring original content without the fear of exploitation.
At the same time, copyright also balances these rights with public interest by allowing limited use of work for purposes such as education, research work and etc.
However, with the advancement in digitalization and AI the enforcement of the copyright law has become significantly difficult as discussed further.
Copyright in the digital era
Digitalization and rise of artificial intelligence have no doubt revolutionized the way we create, consume and distribute the content, but somewhere it has become a major area of concern among the content creators regarding copyright enforcement.
It is now easier than ever before to reproduce and distribute the copyrighted materials without authorization, making infringement more common and enforcement more complex as digital document or content can be shared endlessly across the internet with zero effort.
Major challenges
- Easy replication: With the rise of digital technology, it is difficult to avoid copyright infringement as once uploaded online it can be downloaded and redistributed end number of times.
- Ownership Ambiguity: The ease of copying and modifying digital content often obscures the identity of the original creator.
- AI Generated content: AI tools often replicate or derive data from existing content found online, here the original creator doesn't get the credit and it is hard to decide who is responsible- the user, the developer or the machine itself?
- Enforcement difficulties: enforcement of copyright law in this digital era can be a time-consuming process as it is very difficult to identify the cases of copyright infringement and take legal actions against.
In conclusion, the rise of the digital era came up with many challenges to copyright protection; however, on the other hand has also provided new tools such as watermarks and other tools that help the content creators to safeguard their rights. However, India's copyright laws remain rooted in the traditional approach focusing the human authorship. As the AI and digital platforms continue to evolve, the current structure is inadequate to address modern issues. Thus, to tackle modern issues, modern techniques should be adopted to safeguard the creator's interests.
References:
- Lawbhoomi
- iPleaders
- Manupatra
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
