Author: Amrita Maity, Amity Law School, Amity University, Noida, LLM(IP) 2022-23
ABSTRACT
In the current technological climate, copyright in digital media is a murky subject. The laws still need to be properly developed. In this aspect, Indian law is still in its infancy. Although the law governing conventional copyright complies with international law and treaties, the current environment necessitates that laws be established or altered in order for India to keep up with the rapid speed of technological advancement. The 2010 Copyright Amendment Bill aims to deal with these problems. However, given the pace of technological advancement, the current legal framework could not be an adequate replacement for copyright law, which is constantly expanding. ISP liability is another matter that has to be addressed right now. The present law in this area needs to be reviewed. At this point, studying copyright in digital media may aid in conducting more research in this rapidly expanding field. The researcher also wants to offer important recommendations for the situation as it is right now.
The onus of striking a balance between copyright holders and the general good falls on legislators. A point that has to be addressed is whether the legislation will be fair. The study of whether the owners should benefit or the society should benefit, however, shouldn’t be the basis. It is true that the owners should be able to make their creative works available to the public and get compensation in the form of royalties in exchange. Therefore, not all remedies are entirely covered by the current copyright law. The conventional approach of evaluating and providing protection for copyright works might not be workable in the current technological environment. The variety of creative works, needs various levels of expression, such as literary works, musical works, sound recordings, cinematograph works, photographs, and architectural works, which are very unlikely technical works like computer programs or software.
