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Digital Copyright Protection and Fair Use Defense in Indian IT Law

Understanding Digital Copyright Protection in India

Digital Copyright Protection falls under the purview of the Indian Copyright Act of 1957, which was amended in 2012 to accommodate digital and online media. This protection is extended to original works of authors in domains like literature, art, music, films, and software. Notably, the Information Technology Act, 2000 (amended in 2008) also interacts with this legislation to address copyright infringement in the digital realm.



Provisions Under The IT Act for Digital Copyright

The IT Act is India's primary legislation dealing with cybercrimes and electronic commerce. It includes specific sections that target digital copyright infringement:

  1. Section 43(a) addresses unauthorized access and copying of data, including copyrighted data. Violators may have to pay damages up to INR 1 crore.

  2. Section 65 punishes tampering with source codes, which can include instances of software piracy. Convicts may face up to 3 years of imprisonment, a fine up to INR 2 lakh, or both.

  3. Section 66 can also indirectly deal with copyright violations if the unauthorized copying and distribution of copyrighted material is done deceitfully, causing damage and losses.


Digital Copyright: Case Laws

The landmark case Super Cassettes Industries vs. MySpace Inc. and Anr. (2016) demonstrated the complications in digital copyright enforcement. MySpace was accused of allowing users to upload copyrighted works. The Delhi High Court initially ruled in favor of Super Cassettes, but the judgment was overturned, stating that intermediaries like MySpace could not be expected to have actual knowledge of every possible infringement.


Fair Use Defense in Digital Copyright

The Indian Copyright Act recognizes certain exceptions to copyright infringement under the banner of 'Fair Use.' This defense allows limited use of copyrighted work without the owner's permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research.



Provisions for Fair Use

Fair Use provisions are outlined in Section 52 of the Indian Copyright Act:

  1. Private or personal use, including research: This covers the non-commercial usage of copyrighted material for private or research purposes.

  2. Criticism or review: This includes usage of copyrighted work for the purpose of criticism or review of that work or of another work.

  3. Reporting of current events and current affairs: Including the use of still or moving images for broadcasting current events.


Fair Use: Case Laws

In The Chancellor, Masters & Scholars of the University of Oxford & Ors. vs. Rameshwari Photocopy Services & Anr. (2016), Delhi High Court held that photocopying copyrighted textbooks for educational use falls under the fair use exception. The court noted that Section 52(1)(i) permits reproduction of any work by a teacher or pupil in the course of instruction.



Conclusion: Navigating Digital Copyright and Fair Use in India

Digital Copyright Protection and the Fair Use Defense are two sides of the same coin. While it's crucial to safeguard the rights of authors and creators in the digital realm, it's equally important to maintain the balance of rights usage for purposes like education, criticism, or research. The Indian IT law, via the IT Act and the Copyright Act, upholds this equilibrium. However, due to the rapidly evolving nature of technology and digital media, continuous review and appropriate amendments to these laws are required to ensure adequate protection against digital copyright infringement while respecting the Fair Use principles.

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