Copyright Protection in Cyberspace Challenges and Opportunities

  • Kaushiki Ranjan and Siddharth Srivastava
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  • Kaushiki Ranjan

    Student at School of Law, UPES, Dehradun, India

  • Siddharth Srivastava

    Student at School of Law, UPES, Dehradun, India

Abstract

Human achievements have gained a new height with the emergence of intellectual property rights. The transformation of mankind from scripts to screens has been achieved with the advent of technology in this digital world. And such invention in works has demanded protection under a legal framework. This has been protected under the Copyright Law, 1957. Copyright is a kind of intellectual property which subsists in literary, dramatic, musical & artistic works, cinematograph films & sound recordings. It is a legal right created by the law of a nation that gives the creator of the original work certain exclusive rights over his work. It protects only the original expressions of ideas & not the underlying ideas themselves. Infringement of copyright takes place when exclusive rights of the owner of copyright are exercised by the infringer without prior permission of the copyright owner. Most of the countries seek to protect the database under the Copyright Laws. This paper mainly focuses on the question of intellectual skills in the creation of databases pertaining to the protection of it under the Copyright laws, 1957. This paper highlights a number of challenges in the protection of copyright in the cyberspace which deserved closer attention & might pose problems in future. This paper also tries to explain the problem of the infringement of the copyright in the cyberspace and also aims to provide ideal solution for the same in the Indian context.

Type

Research Paper

Information

International Journal of Law Managment and Humanities, Volume 4, Issue 3, Page 837 - 885

DOI: https://doij.org/10.10000/IJLMH.11546

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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