Digital Copyright Protection: A Comparative Study of India and the UK

  • Gunjan Deshpande and Dr. Ashok Wadje
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  • Gunjan Deshpande

    PhD Scholar at Maharashtra National Law University, Aurangabad, India

  • Dr. Ashok Wadje

    Associate Professor at Maharashtra National Law University, Aurangabad, India

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Abstract

Copyright protects the intellectual work created by an individual. In the digital age, digital media is a double-edged sword that questions the legal structure protecting copyright in the digital world as a creative outlet nationally and internationally. Copyright infringement is increasing multi-fold, with the use of the digital world as a creative outlet for displaying work, necessitating safeguarding copyright. The content available on the internet is a click away, it can be generated, used, and shared in minutes this also means that the violations that happen on the internet are at an all-time high due to the digital medium and the ease of sharing. According to the 2016 IPR policy, India needs a dedicated enforcement mechanism to protect copyright in the digital world. However, to date, no such enforcement agency has been established. The current law is not in conformity with the nascent technology; means and ways to use and share pirated content. This scenario brings into the picture, the issues of jurisdiction, different domestic IP laws, reproduction, and distribution rights. In this article, the researcher analyses how the Indian legal system and enforcement agencies are lacking in protecting copyright in the digital era. The researchers have analysed the Information Technology Act, of 2000 and the Copyright Act, of 1957 along with the relevant rules and guidelines. The researchers have also analysed the IP laws of the United Kingdom for a comparative analysis. In the digital and technological era, where technology constantly outpaces regulation, it is extremely difficult for lawmakers and existing law enforcement agencies to stop digital piracy proactively. A robust and adaptive legal framework, coupled with a dedicated enforcement agency, is essential to safeguarding copyright in the digital era. Only through a balanced approach that fosters creativity while ensuring strict compliance can truly protect intellectual property in the ever-evolving digital landscape.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 49 - 62

DOI: https://doij.org/10.10000/IJLMH.119074

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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