Copyright issues in digital media

1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
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# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
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WEBSITE
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COPYRIGHT ISSUES IN DIGITAL MEDIA
FILMA VARGHESE
TRADE MARK DEPARTMENT
COPYRIGHT ISSUES IN DIGITAL MEDIACOPYRIGHT ISSUES IN DIGITAL MEDIACOPYRIGHT ISSUES IN DIGITAL MEDIA

2. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
INTRODUCTION
• The emergence of digital technologies towards the concluding
decades of the twentieth century raised a whole new set of
challenges to copyright regimes.
• The traditional notions of the basic concepts such as rights of
reproduction and distribution have become inadequate and even
irrelevant in the digital age.
• All works can now be digitalized whether they comprise texts,
images, sound or diagrams and once digitalized the various elements
such as images are all 'equal' and can be merged, transformed,
manipulated or mixed to create an endless variety of new works.
• Earlier rights of reproduction distribution affected tangible physical
copies only of a work.
• The new technologies brought in non-material and distribution.
Physical reproductions were replaced by digital reproduction, which
was easy as well as cost effective.

3. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
OBJECTIVE OF THE COPYRIGHT LAW
• The major objective of the copyright law is to strike out a balance between
rights of the copyright holders and the general public.
• To achieve its objective, copyright has been amended with time to time so as
to meet the requirements posed by the technological advancements.
• Indian Copyright Act has also been amended to counter the threats posed by
the technological developments. The major changes in copyright legislation
have been in response to advances in technology. Since the development of
internet, there have been major Amendments to the Copyright Act every two
or three years.
• While protecting the Copyright owners these measures conflict with the
legitimate rights of Copyright users. “The primary objective of copyright is
not to reward the labor of authors, but ‘[t]o promote the Progress of Science
and useful Arts.’
• To this end, copyright assures authors the right to their original expression,
but encourages others to build freely upon the ideas and information
conveyed by a work. This result is neither unfair nor unfortunate. It is the
means by which copyright advances the progress of science and art.”

4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PROMINENT COPYRIGHT ISSUES
The prominent copyright issues in the digital era can be
classified into three groups
• GROUP 1: Issues relating to a whole new set of work
namely computer programs, databases and multimedia
works.
• GROUP 2: Issues relating reproduction, distribution and
communication to the public of a work through digital
media
• GROUP 3: Issues relating to management and
administration of copyright in the digital environment

5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
GROWING TECHNOLOGY AND
DIGITIZATION
With the advent of the digital environment, the access, use,
duplication or modification of the original work has become really
easy. Digital environment has created a platform for people for
widespread cost effective distribution of the original works, posing
serious threats to the interest of the creator.
Threats posed by the digital environment to the copyrighted work
are way too different from that in the normal course of physical
world. To counter these threats innumerable techniques have been
developed to make digital works difficult to copy, distribute and
access without necessary permission.
In effort to counter piracy, the media industry, including
entertainment and Publishing is resorting to its own technological
fixes such as Digital Rights Management, Technological Protection
Measures and Broadcast Flags.

6. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Digital Right Management
Digital Right Management includes techniques which have
been developed to control duplication, modification and
distribution of original works. The authors or the creators of
the original works contend that DRM techniques are
necessary in order to protect their interest by preventing free
and unauthorized copying and distribution of their work.
However there are few who support the view that DRM
techniques pose unnecessary hurdles for the public and
impede the way of innovation and creativity by not letting
others from being motivated by the original work of others.
Some of the DRM techniques are as follows:

7. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
ACCESS CONTROL AND COPY CONTROL
Access and copy control software enables the creator to keep a check on
the free and illegal exploitation of their work. These techniques ensure
that only who pay, must enjoy a right over the product.
Access controls are a category of software that is designed to prevent a
user from getting a first copy of a work unless they have a license to do
so. Copy controls are snippets of software that try to stop public from
making a reproduction of work once they have obtained a copy.
Access controls are relatively easy to implement. Example of this can be
a website that requires customers to pay a fee before being offered a
download.
Copy controls avoid any manipulation of the original work.

8. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
ENCYPTION SCHEMES
Encryption Schemes allow creators to prevent any unauthorized
access to their original work. Encryption of content is a way to
determine the authorized user in the digital environment. Encryption
involves digital scrambling of the bits that make up content to
prevent the content from being seen clearly until it is decrypted.
Only authorized users have the keys to decrypt the work.
DIGITAL WATERMARKS
Digital Watermarks are the best techniques that help authors to
trace the source of a work and any unauthorized duplication or
distribution of their original work. The unique watermark embedded
in the original work can link the use to the original work and any
unauthorized copying or use can be traced.

9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
Special features are embedded into the content that are not visible as
such, but which can be read by a detection device so that it knows
whether the content being played or used is authorized and where
the source of the content was originated. Such information can
provide data on the author, rights, distribution, etc. It can also
contain copy control information and instructions.
There are other various technological protection measures by way of
which the infringement of copyright work can be prevented and the
interest of the authors can be secured. However in spite of these
techniques large number of data is copied and distributed on the
digital environment posing adverse effects on the rights of the
creators.

10. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
PROVISIONS UNDER INDIAN
COPYRIGHT LAW
Many techniques have been developed to protect the original
work like digital watermarking, access and copy controls etc.
However, despite the fact that these techniques have been
incorporated in the legislations, regulation and protection of
original works in the digital environment remains a goal that
is yet to be achieved. It is very important that ideas should
be available to the general public so that the flow of
creativity must not be blocked. However creators and
authors must always be incentivized for their efforts. Hence
the interest of both must be kept in mind while enacting
and implementing DRM techniques.

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
Strengthening of Border Measures
Section 53, dealing with importation of infringing copies,
has been substituted with a new section providing detailed
border measures to strengthen enforcement of rights by
making provision to control import of infringing copies by
the Customs Department, disposal of infringing copies and
presumption of authorship under civil remedies.
Protection of Technological Measures
The new section 65A, introduced for protection of
technological protection measures (TPM) used by a
copyright owner to protect his rights on the work, makes
circumvention of it a criminal offence punishable with
imprisonment.

12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
As a result, any person who circumvents an effective technological
measure applied for the protection of any of the rights, 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. The rationale is to prevent the possibility of high rate
infringement (digital piracy) in the digital media.
This amendment also clarifies the problem of circumvention
impacting the public interest on access to work facilitated by the
copyright laws. Sub-section (2) permits circumvention for specified
uses.
Digital Rights Management Information
Section 65B has been introduced to provide protection of rights
management information, which has been defined under clause (xa)
of section 2.

13. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTINUED….
This amendment is intended to prevent the removal of the rights
management information without authority and distributing any
work, fixed performance or phonogram, after removal of rights
management information. As a result, any unauthorized and
intentional removal or alteration of any rights management
information is a criminal offence punishable with imprisonment,
which may extend to two years and fine. The rationale of the
protection emanates from the practice in the digital world of
managing the rights through online contracts governing the terms
and conditions of use.
The protection of technological measures and rights management
information were introduced in WCT and WPPT as effective
measures to prevent infringement of copyright in digital
environment. The introduction of Sections 65A and 65B is expected
to help the film, music and publishing industry in fighting piracy.

14. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Few DRM provisions were introduced in the Indian
Copyright law by the way of an amendment in 2012.
Section 65A and 65B were added to the Indian Copyright
Act, 1957. These DRM provisions under the Indian law
are not as extensive and exhaustive as US laws. Being
blamed for the poor protection and enforcement policies,
it is high time India should stringently follow these
provisions of digital rights management and keep a check
on copyright infringement in the digital environment.
However it is pertinent to note that a balance must
always be maintained between copyright holders and
general users.
CONCLUSION

15. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
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