A legal analysis on Copyright Law in the digital world

By : Anika Rafah|Lecturer|Department of Law|North South University|Dhaka, Bangladesh.

Abstract:

A day without access to internet or a day without a computer or smart phone is unimaginable to any human being, today. This rapid development of technology has led to the increase in the rate of copyright infringement. This is because, with the existence of many secondary online websites and gadgets such as pen-drives and external hard-drives, almost anyone can store, share or reproduce works created by others without authorization. Countries have been working for centuries against the exploitation of intellectual producers. However, with the advent of the digital world, the legislations that were used to protect these works also became obsolete. As such, the copyright system of the world also had to evolve alongside the digital world. This paper looks into some of these legislative changes that countries all over the world had to go through in order to keep up with the ever-changing technologies.

Keywords: technology, copyright law, digital world, international treaties, protection.

Introduction: 

A sizable proportion of contemporary intellectual and creative works are born-digital. The boom in digital technology has led to changes in expectations on the availability of information and other intellectual property (IP) online. This rapid change has had severe impacts on the world of IP. In 2005, a total output of $12.5 billion was lost by the US economy due to piracy in the music industry.The worldwide motion picture industry lost around $18.2 billion, and a loss of $34 billion was claimed by the software industry in the same year due to piracy. Today’s advancement in technology and the widespread use of internet in the dissemination and distribution of creative works has led to the phenomenon ofcopyright infringement. The manipulation, reproduction, and distribution of digital content are now easier than ever. Modern day technologies aid in the production of exact replicas of copyrighted products at marginal costs which undermines the original works of the creators and increases the use of copyrighted works without authorization.As a result, potential stakeholders who are likely to be affected by this act and lawyers are becoming increasingly concerned regarding the protection of such works.

Purpose of Copyright Law:

Copyright entails the protection of intellectual property (IP). IP can be defined as any tangible form of work stemmed from the results of intellectual activity in areas such as literature, art, business or science. This broad spectrum includes writings, productions, digital images, photographs or anything that involves the creation of original works. Copyright is one of the two branches of IP which includes rights of performing artists over their original performances and producers over their productions.Due to the use and sharing of these works without authorization, the minds behind these creations are falling victim to copyright infringement; as a result, according to a UN organization World Intellectual Property Organization’s (WIPO) suggestion most countries now have copyright laws.

The purpose of copyright laws is to protect the interests of the creators and to make sure they have the moral and economic rights to their creations. Moreover, these laws also have the public’s interest in mind and makes sure they have access to these works. The development of new, creative and intellectual pieces is considered beneficial to society and to ensure further creation of such works, sufficient copyright laws must be implemented. Furthermore, efficient implementation of copyright laws appliesnotions of fair-mindedness in business affairs