Author: Soumya Dubey, Amity Law School
Introduction:
The way information is made, shared, and used has changed in India’s Internet environment because of digitization. Because of the huge rise in digital platforms and internet users, data privacy and copyright security have changed. Even though life moves quickly these days, privacy and intellectual property still need to be protected. This piece looks at how India’s data privacy and copyright laws have changed over time to give a fuller picture of the digital world. Our study’s goal is to shed light on the tricky issues of data privacy and copyright security for consumers, content providers, and internet platforms.
Since the digital change has made it easier for anyone to make and share different
kinds of digital content, anyone can now do it. When artists use multimedia slideshows, apps, software, and books, the digital world gives them an endless way to be creative. Since it became easier for everyone to make content, copyright violations, unauthorized sharing, and IP security have all become issues. The number of digital platforms has made people worry about the safety and security of personal information. This has made copyright violations less common. The ease with which Internet users can access materials, communicate, and make purchases is closely linked to the growth of personally identifiable information (PII). Since the data flood, rules about data security, consent, and privacy on online sites have been looked at more closely. The laws in India about data protection and copyright have changed a lot in the last few years. Because of problems with computers, the Copyright Act of 1957 has been changed many times. At first, the Act covered copyright and other rights related to books, plays, music, and visual art. India is almost done with the Personal Data Protection Bill (PDPB), which will set world standards for data protection. This should happen gradually.
Legal Issue:
Legal issues related to data privacy and rights are hard to solve, even though digital technology is getting better. Even though digital copying, sharing, and distributing have become very popular, copyright violations are still happening. Unauthorized data collection, privacy breaches, and the wrong use of resources that can be used to identify people are worrying lawmakers, regulators, and civil society groups. When copyright and data privacy laws overlap, they create moral and legal problems. Protection for copyright DRM technology often goes against privacy issues. Some DRM systems may need to gather and change information about users. Localization rules for user privacy data could make it harder for people to sell and share information across borders. In the digital age of India, there are problems with data privacy and rights. The goal of this study is to find patterns, issues, and answers related to data privacy and copyright management in India’s constantly changing digital world. To do this, the results of a literature study and an analysis of legal requirements are put together. This study looks closely at data privacy and copyright regulatory reform, law interventions, and business practices to add to the academic conversation.
Purpose:
This study tries to get to the bottom of these worries by looking at all the problems that have come up in India since copyright and data privacy laws have come together. This study looks at these worries to show how important it is to find a balance in the internet ecosystem that protects both people’s intellectual property rights and their rights. Since these issues are important, the goal of this manuscript is to give real-world answers while still protecting people’s rights to privacy and freedom of speech.
Legal Framework:
The Copyright Act of 1957 governs copyright in India. Many amendments have been made to this statute to accommodate newly emerging cybercrimes. Legislation enacted in 1957 known as the Copyright Act safeguards software, creative works, and music. Owners of copyright are granted sole rights to duplicate, distribute, perform, and modify works; this fosters originality and innovation. To keep pace with technological advancements and resolve digital copyright concerns, the Copyright Act has been amended numerous times. 2012. The most significant change was the addition of DRM and technological measures. The following clauses were added. The purpose of these regulations is to forbid individuals from formulating methods to circumvent the technical safeguards provided by copyright holders for online content. With the 2012 amendment of the Copyright Act, intermediary liability regulations were added. The updates encompassed the aforementioned provisions. If specific conditions are met, these provisions shield social media platforms and internet service providers from legal liability for copyright infringement by users. Upon receiving notification from copyright holders, they are obligated to promptly remove any content that violates their rights. Data privacy in India is regulated by the Copyright Act and the Personal Data Protection Bill (PDPB). Nevertheless, the aforementioned legislative measures remain unimplemented. The objective of the Personal Data Protection Board (PDPB) is to align the legislation of India with that of the European Union’s General Data Protection Regulation (GDPR). To accomplish this, the PDPB is establishing global data protection guidelines based on best practices. The law says how to gather, store, use, and share information that can be used to identify a person.
What the PDPB comes up with is useful, like the idea of data leaders and data
guardians. People whose data is being treated are called data principals and data fiduciaries are in charge of information that can be used to identify a person. People who are in charge of processing personal data must get permission, follow data security rules, and let people who are data subjects use their rights to make sure that the processing is honest and fair. The Data Protection and Privacy Board told the Data Protection Authority of India (DPA) to be made. This group is in charge of
making sure that all businesses follow the rules that have been set and managing investigations into data leaks. Companies that break these rules will be punished.
This plan says that the Data Protection Authority (DPA) will be able to quickly do
checks, enforce data protection rules and give advice. The Copyright Act of 1957 and the Personal Data Protection Bill are India’s copyright and data privacy rules. These laws are still being worked on. The Personal Data Security Board (PDPB) has made strict rules for data security to protect people’s rights and privacy in the digital age. The Copyright Act, on the other hand, guards computerized works of art.
Challenges:
Digital Piracy:
It is harder to enforce copyright rules these days because there is so much digital content available. Many more people can now connect to the Internet and use digital tools, making it easier to steal, share, and spread protected content without permission. Because of peer-to-peer file sharing, pirate platforms, torrent websites, and other illegal ways of distributing content, it is hard to enforce copies.
Internet infringement is hard for authorities to examine and prosecute because it happens all over the world and no one is held accountable. Because illegal materials are easy to get, people who make and own those materials have fewer business incentives to do so. In turn, this makes it harder for them to fund and support more growth.
Data Localization:
Restrictions on data localization make it harder to send private and protected data across borders. In some countries, rules about data localization make it necessary to store and process certain types of data. People who support data localization say it makes data safer, makes it easier for law enforcement to access, and protects national interests. However, it may make it harder for businesses to do business with each other and for data to move across borders. When data localization limits are in place, it may be harder for people who own the copyright to enforce and handle digital rights management schemes, distribution agreements, and copyright licensing. The global economy of the internet is affected by worries about data control, privacy, and following the rules.
Strategies for Balancing Copyright and Data Privacy:
Education and Awareness: Platforms, users, and content creators can all get information about data safety and copyright laws. Because of this, they will be more conscientious and apt to adhere to the regulations. The public has to know how to protect their personal information and possessions. Training, education, and raising public awareness of the issue will bring about the desired change. Obtaining rights, following copyright regulations, and making proper use of copyright management technology are all very vital for content creators to understand. People need to know that sharing intellectual property-protected content without the creators’ permission is against the law and should respect the artists’ rights. Platforms can help people share teaching materials, give tips on how to follow copyright laws and make copyright management systems that are easy for anyone to use.
Technological Solutions: This is possible with methods for content recognition, watermarking, and encryption. These can protect both protected works and user privacy. People who make multimedia content may use digital markers that can’t be found to stop people from copying and using it without permission. This is possible with watermarking. Content recognition systems can instantly find stolen content in user-uploaded content by using advanced machine learning techniques. It is also easier to control and enforce copyright on digital sites. When intellectual property rights are used to protect content, end-to-end encryption, and DRM can keep it safe while it is being sent and kept. So it won’t spread or get in without permission. Copyright protection methods can be made stronger by combining new technologies. This also helps protect user data and privacy.
Conclusion:
To strike a balance between data privacy and intellectual property rights in the digital era, copyright issues must be addressed using cutting-edge technology. India has the potential to foster an atmosphere conducive to innovative thinking, conscientious Internet usage, and resourceful resolution of challenges through the enhancement of its digital infrastructure, educational system, industry collaborations, regulatory harmonization, and user empowerment. Lawmakers, business leaders, and members of civil society need to work together to build a strong framework that protects privacy rights and free speech in India’s constantly changing digital world. India could build an innovative, all-encompassing, and morally sound digital economy if it asked its people to follow the ideals of mutual respect, accountability, and regulation.
About the Author
