Abstract

The emergence of 'Internet' led to content being transferred to any part of the world at virtually no cost. The replication and piracy of such idea and expression led to large scale violation of copyright. It is well recognized that the copyright law in legitimate archives is the legacy of creativity. It has undergone methodical adjustments while taking into account the type, level, and application of innovation needed to maintain people's interest in imagination, progress, and creativity. From one angle, its main goal is to provide producers and creators of various copyright works with motivating factors while also making such works accessible to the broader public. The necessity to give the creator credit and the attractiveness of making such works open require the copyright law to change. The Indian Copyright Law now includes Technological Protection Measures thanks to the Copyright (Amendment) Act of 2012. The critical question that this study asks from a legal and economics perspective is whether India has the need to adopt such a mechanism, even though a comparison of the new TPM provisions with similar legislation in the US and the EU shows a relatively better approach that reduces the negative effects posed by DRM provisions. In this paper, it is further claimed that the new TPM rules are flawed because they have the unintended consequence of creating an overly restrictive Para-copyright regime and limiting creativity and innovation, which are the fundamental components of copyright law. Technology's advent has brought about technical security measures. Owners of copyrights employ these procedures to safeguard and control usage of their protected works. The copyright law, which establishes and defends the rights of copyright owners, also makes it illegal to go beyond the technical safeguards put in place by those owners. This dissertation includes in-depth study on the clause that safeguards copyright owners' use of technical protective measures. The WIPO Performers and Phonograms Treaty and the WIPO Copyright Treaty, which served as the cornerstones for the existing provisions in United States, European Union, and Indian copyright law, have both been examined in this paper.

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