Author: Mohd. Arbab Khan, Amity Law School, Amity University, Noida, LLM (IP), 2023.
ABSTRACT
The rapid evolution of technology has brought about significant changes in the entertainment industry, including the emergence of over-the-top (OTT) platforms such as Netflix, YouTube, and Spotify. These platforms have disrupted traditional models of content distribution and have also challenged existing copyright laws. This article explores the evolution of copyright in relation to these OTT platforms, with a particular focus on the legal and policy issues that have arisen. The article begins with an introduction to the concept of copyright and its historical development, followed by an overview of the emergence of OTT platforms and their impact on the entertainment industry. The main body of the article analyzes the legal and policy issues that have arisen in the context of copyright and OTT platforms, with reference to case law, academic literature, and relevant legislation.
The first section of the article examines the challenges posed by the emergence of OTT platforms to traditional models of content distribution. The section considers issues such as territoriality, licensing, and piracy, and their impact on copyright law. The second section of the article examines the specific legal and policy issues that have arisen in relation to the three OTT platforms of Netflix, YouTube, and Spotify.
The third section of the article examines the responses of governments, industry bodies, and other stakeholders to these legal and policy issues. The section considers the role of international copyright treaties, national legislation, and industry codes of conduct in shaping the legal framework for copyright in the context of OTT platforms.
Keywords: Copyright, Infringement, OTT, IPR.
