Digital Technologies and Emerging Copyright Scenario

Abstract

<smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="country-region"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place"> Technological progress, which ushered in new modes of exploitation of copyright works brought in challenges to the copyright regime which had to be periodically modified to ensure adequate return to the authors and access to the public of these works. Most significant of the challenges hitherto has been from digital technologies. In order to update the copyright system the international community drew up two treaties, the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). In addition to enhancing the rights of the authors the treaties provided legal protection to the technological measures used by the authors in digital transmission. Accession to the Treaties has been rather slow and implementation of technological protection measures has been a hotly debated issue. The US was the first major country to implement the Treaty provisions through its Digital Millennium Copyright Act (DMCA) and the protection of technological measures, particularly anti- circumvention measures has been a matter of intense debate ever since. The paper looks at some of the consequences of the DMCA, the impact on fair use and on the market place in general. The article also explores the concerns of the developing countries in securing access to information and the suggestions of the Commission on Intellectual Property Rights. Noting the importance of copyright as a public policy tool, the author pleads for calibration of the copyright balance to suit India’s national interests. The author also exhorts the academic community to take active interests in copyright policy matters</smarttagtype></smarttagtype>