New Development in Copyright Law

The topic of ‘new development in copyright law’ will explore the latest legislative updates, court rulings, policy changes, and emerging trends in the global landscape of copyright law.

From the effects of digital transformation to the legal challenges posed by AI-generated content, this exploration of new development in copyright law offers a window into the future of law.

New Development in Copyright Law – India

The Copyright Amendment Act, 2012

This amendment made several critical changes to Indian law, including ensuring that authors of works (especially songs and screenplays) are entitled to royalty payments and can’t assign their rights in perpetuity.

Online Piracy

While the IT Act of 2000 and the Act do provide some provisions to tackle this, it has been a continuously evolving battle to adapt the law to address this issue effectively.

Digital Rights Management

DRM technologies, used to prevent unauthorised redistribution of digital media, have been a point of focus.

The Copyright Amendment Act of 2012 introduced provisions that made the circumvention of effective technological protection measures a punishable offence.

Fair Dealing and Private Use

The concept of fair dealing allows the use of copyrighted works for private or personal use, criticism, review, and reporting of current events, to a certain extent.

The nuances of this provision and its adaptation to new technologies and use-cases are continually being explored.

Artificial Intelligence and Copyright

With AI now capable of creating works of art and music, questions arise about the ownership and copyright of such works.

New Development in Copyright Law – US

The Music Modernisation Act (MMA)

Passed in 2018, the MMA was a landmark legislation that modernised? law in the digital age, especially for music copyrights.

The act changed the way mechanical royalties are paid out to holders, and also made it easier for holders to get paid when their music is streamed online.

The CASE Act

The Copyright Alternative in Small-Claims Enforcement (CASE) Act, passed in 2020, created a small claims court for disputes.

This new board, called the Copyright Claims Board (CCB), can hear cases involving? infringement with damages capped at $30,000.

Digital Millennium Copyright Act (DMCA) Reform

There have been ongoing debates about the need to reform the DMCA to address the rise of streaming platforms and better protect against online? infringement.

The DMCA, passed in 1998, has provisions like safe harbor rules that protect service providers from certain liability if they comply with takedown notices, but critics argue that it is outdated in the current digital age.

Artificial Intelligence and Copyright

For instance, questions about whether AI can be an author, who owns the copyright for AI-generated works, etc., are topics of ongoing debate and potential legislative development.

New Developments in Patents Registration

Expedited Examination: The Indian Patent Office has offered an expedited examination process for startups and applicants choosing India as the International Search Authority (ISA). This has substantially reduced the time taken to examine patent applications.

National IPR Policy: India introduced the National IPR Policy in 2016, which aims to push IPRs as a marketable financial asset, promote innovation and entrepreneurship, while protecting public interest.

Amendment to Patent Rules: In 2020, the Patent (Amendment) Rules were notified, allowing for video conferencing for hearings, reducing transmittal fees for e-filing of international applications, and stipulating requirements for annual filing of “working of patents.”

Compulsory Licensing: The Indian patent law has provisions for compulsory licensing, aimed at ensuring that a patented product, like life-saving drugs, is available to the public at affordable rates.

AI and Patents: The intersection of AI and patent law is an emerging area in India as well. The patentability of AI-generated inventions and the implications of AI on patent law are significant issues.

Special Provisions in Copyright Law

Copyright law often includes special provisions designed to address specific circumstances or balance competing interests.

These special provisions can vary widely from country to country. However, here are a few examples of special provisions commonly found in many systems:

Fair Use/Fair Dealing: These are exceptions that allow for the limited use of copyrighted material without requiring permission from the rights holders.

Compulsory Licensing: In some circumstances, a government might allow certain uses of copyrighted works without the owner’s consent, usually in exchange for a set fee.

First Sale Doctrine: This provision allows individuals who have legally purchased a copy of a copyrighted work to resell, lend, or give away that particular copy, although they are not allowed to reproduce the work.

Orphan Works: These are copyrighted works for which the owner cannot be contacted or located. Some jurisdictions have specific provisions dealing with the use of these works.

Duration of Copyright: Copyright does not last forever. A work falls into the public domain and can be used freely once the duration of protection has expired.

Digital Technology to Protect Copyright in the Content

Digital technology has significantly changed the ways we create, distribute, and consume content.

While this has brought many benefits, it has also made it easier for unauthorised users to infrive copyrights.

Digital Rights Management (DRM)

DRM technologies are used by content providers to control access to digital content, limit usage rights, and prevent unauthorised copying or redistribution.

These technologies include various methods such as encryption, watermarking, fingerprinting, and licensing controls.

Content ID Systems

Platforms like YouTube use content ID systems to identify copyrighted material. The system checks uploaded content against a database of files submitted by content creators.

If a match is found, the system can block the upload, mute the audio, or allow the? owner to monetize the content with ads.

Read the original version of the article on the Bytescare Blog.