Copyrights and Legal constraints
The emergence of digital technologies towards the concluding decades of the twentieth century as defining paradigms of new age communication raised a whole new set of challenges to copyright regimes. Earlier rights of reproduction distribution affected tangible physical copies only of a work. The new technologies brought in non-material and distribution and physical reproductions were replaced by digital reproduction, which was easy as card card-body as cost effective. With the advent of the digital environment, the access, use, duplication or modification of the original work has become easy. Digital environment has created a platform for people for widespread cost-effective distribution of the original works, posing serious threats to the interest of the creator.
The major objective of the copyright law is to strike out a balance between rights of the copyright holders and the general public. To achieve its objective, Indian Copyright Act has also been amended to counter the threats posed by the technological developments.
Threats posed by the digital environment to the copyrighted work are way too different from that in the normal course of physical world. To counter these threats innumerable techniques have been developed to make digital works difficult to copy, distribute and access without necessary permission. These techniques are covered under the head of Digital Rights Management (DRM).
Many DRM techniques have been developed to protect the original work like digital watermarking, access and copy controls etc. However, despite the fact that these techniques have been incorporated in the legislations, regulation and protection of original works in the digital environment remains a goal that is yet to be achieved. It is very important that ideas should be available to the general public so that the flow of creativity must not be blocked. However, creators and authors must always be incentivized for their efforts. Hence the interest of both must be kept in mind while enacting and implementing DRM techniques.
Few DRM provisions were introduced in the Indian Copyright law by the way of an amendment in 2012. Section 65A and 65B were added to the Indian Copyright Act, 1957. However, it is pertinent to note that a balance must always be maintained between copyright holders and general users. Hence
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