Exploring the Intersection of Authorship and Ownership: A Study of Indian Copyright Law in Creative Works

Rachana Wadhera; Ms. Jasdeep Kaur

doi:10.53724/lrd/v8n3.2

Authors

Rachana Wadhera LLM Student, School of Law, Lovely Professional University, Punjab (India) https://orcid.org/0009-0008-0275-9631
Ms. Jasdeep Kaur Assistant Professor, School of Law, Lovely Professional University, Punjab (India) https://orcid.org/0009-0000-2990-882X

DOI:

https://doi.org/10.53724/lrd/v8n3.2

Keywords:

Intellectual Property, Copyright, Authorship, Ownership, Compulsory Licensing, Fair Use or Fair Dealing, Berne Convention, Digital Right management (DRM), Copyright Management Organisation (CMO), Artificial Intelligence (AI), Blockchain, Machine Learning (ML), Internet of Things (IoT)

Abstract

In the context of Indian copyright law, this research study examines the complex link between authorship and ownership, with a particular emphasis on the ramifications for authors of creative works. This study sheds light on the intricate issues regarding copyright ownership in the Indian setting by examining legal statutes, court decisions, and real-world applications. This study provides insights into the difficulties and opportunities faced by creators in defending their intellectual property rights by examining the standards for authorship, the distribution of ownership rights, and the effects of the copyright law on artists and creative industries. It also examines important issues and disagreements, such as disagreements on collaborative writing, work-for-hire contracts, and the preservation of traditional knowledge. In the end, this study advances our knowledge of copyright dynamics in India and offers suggestions for legislative changes that would promote a fair and just copyright system that is encouraging of innovation and artists.

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References

An international agreement known as the Berne Convention for the Protection of Literary and Artistic Works establishes copyright guidelines and provides that member nations will recognize each other's rights.

The Universal Copyright Convention (UCC) is a global accord which sets minimum standards for copyright protection and encourages member nations to work together to advance creators' rights.

Within the framework of the World Trade Organization (WTO), the minimum standards for the protection and enforcement of intellectual property rights are established by the international treaty known as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).

International agreements known as the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) provide guidelines for the enforcement of the copyright laws in member nations and extend copyright protection to digital content and performances, respectively.

An international agreement known as the Marrakesh Treaty establishes legal guidelines for the production and cross-border exchange of copies in accessible formats. Its main objective is to make published works more accessible to people who are blind, visually impaired, or otherwise print disabled.

The term "Digital Rights Management" (DRM) describes technical controls over digital material access and copyright enforcement. These controls are frequently used to stop illegal distribution, copying, and editing of digital works.

Orphan works are copyrighted works whose owners are unknown or cannot be located, presenting challenges for their use and dissemination due to uncertainty regarding copyright clearance.

The imitation of human's cognitive abilities by machines, such as comprehension of language, learning, reasoning, and problem-solving, is known as artificial intelligence (AI).

Blockchain is a decentralized distributed ledger system that reliably and transparently records transactions over a network of computers in a tamper-proof manner.

The Internet of Things (IoT) is a network of interconnected devices with sensors, software, and connectivity features that collect, exchange, and analyse data for autonomous tasks and functions.

Other work cites:

The Copyright Act, 1957 (as amended), Government of India.

Duggal, A., & Tripathy, A. (2020). Copyright Law in India: History and Recent Developments. Journal of Intellectual Property Rights, 25(5), 296-306.

Berne Convention for the Protection of Literary and Artistic Works

Universal Copyright Convention. (n.d.). WIPO Lex. Retrieved from https://www.wipo.int/edocs/lexdocs/treaties/en/ucc/trt_ucc_001.html - This is the text of the Universal Copyright Convention provided by the World Intellectual Property Organization (WIPO).

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS)

WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT)

Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled

Shamsundar, A. (2020). Challenges of Copyright Enforcement in India: A Critical Analysis. Journal of Intellectual Property Rights, 25(2), 111-119.

Garg, S., & Jain, R. (2019). Challenges in Implementing Copyright Law for Protection of Digital Content in India. Global Journal of Management and Business Research, 19(2), 25-34.

The Copyright Act, 1957 of India and "Enforcing Copyright in India: Challenges and Solutions" by Shamnad Basheer: This article discusses the challenges faced in enforcing the copyright laws in India and proposes solutions for effective enforcement. It covers legal frameworks, enforcement mechanisms, and case studies of copyright infringement cases in India.

"Digital Rights Management: Technologies, Issues, and Challenges" by Bill Rosenblatt: This book provides a comprehensive overview of DRM technologies, their implementation, and the challenges associated with their adoption. It covers topics such as encryption, access control, watermarking, and legal implications of DRM.

"Copyright Law: Cases and Materials" by P. Narayanan - This textbook includes Indian case law and statutory provisions related to the copyright law.

"Artificial Intelligence and Copyright Law: Promises and Perils" by Annemarie Bridy and "Copyright in the Age of Artificial Intelligence" by Jeanette Hofmann and Matthias C. Kettemann.

"The Blockchain and the New Architecture of Trust" by Kevin Werbach.

"The Internet of Things: Legal Perspectives" edited by Rolf H. Weber and Romana Weber.