FUTURE OF COPYRIGHT LAW IN DIGITAL ERA

SUB: IPR LAW

Final Draft submitted towards fulfilment of the course of Corporate Law for obtaining the
degree B.B.A., LLB(Hons.)

Chanakya National Law University, Patna

SUBMITTED BY:

Rahul Raj

Roll No: ……….

B.A.LLB.(Hos.)

2016-2021

SUBMITTED TO:

Dr. S.C. Roy

Faculty of IPR Law

FUTURE OF COPYRIGHT LAW IN DIGITAL ERA

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FUTURE OF COPYRIGHT LAW IN DIGITAL ERA

Table of Contents
ACKNOWLEDGEMENT .................................................................................................................... 4
1. INTRODUCTION........................................................................................................................ 5
2. CHALLENGES FACED BY COPYRIGHT IN DIGITAL WORLD ................................................... 7
Copyright and Internet ................................................................................................................ 7
Infringement of Copyright in Cyberspace includes ................................................................. 7
Multimedia work ......................................................................................................................... 8
Software ...................................................................................................................................... 9
Social Media................................................................................................................................ 9
3. JURISDICTION IN CASE OF COPYRIGHT INFRINGEMENT ON THE INTERNET .................... 10
Position In America ................................................................................................................... 10
Jurisdiction Under The Copyright Act 1957 ............................................................................. 11
4. FAIR DEALING IN DIGITAL ENVIRONMENT ............................................................................. 13
Remedies against infringement of Copyright in Digital Domain ............................................. 14
Blockchain Technology............................................................................................................. 14
Digital Watermarks ................................................................................................................... 14
International Treaties and Conventions protecting Copyright in Digital Domain .................... 15
World Copyright Treaty 1996 ................................................................................................... 15
WIPO Performance of Phonogram treaty 1996 ........................................................................ 15
5. COPYRIGHT IN DIGITAL ERA WITH SPECIAL REFERENCE TO INDIA ................................... 17
UTV Software Communication Ltd v/s 1337x and ors on 10th April 2019-Delhi HC ............ 17
What is a Rogue Website? ........................................................................................................ 18
Whether the test for determining a ‘Rouge Website is Qualitative or Quantitative? ................ 19
Whether the defendants’ website falls within the category of ‘Rogue Website’? .................... 19
Relief ............................................................................................................................................. 20
CONCLUSION & SUGGESTIONS ..................................................................................................... 21
BIBLIOGRAPHY ............................................................................................................................. 22

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ACKNOWLEDGEMENT

Writing a project is one of the most significant academic challenges, I have ever faced.
Though this project has been presented by me but there are many people who remained in veil,
who gave their all support and helped me to complete this project.

First of all I am very grateful to my subject teacher Ms. Nandita Jha without the kind support
of whom and help the completion of the project was a herculean task for me.

I am very thankful to the librarian who provided me several books on this topic which proved
beneficial in completing this project.

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FUTURE OF COPYRIGHT LAW IN DIGITAL ERA

1. INTRODUCTION

Digital technology and the Internet have profoundly changed the manner in which copyrighted
content can be distributed. Copyright owners, who in the pre-digital age controlled the market,
were faced with the spectrum of uncontrolled dissemination of copyrighted content on the
Internet. This threat prompted them to introduce massive legal and technological protection
measures to secure their position in the digital environment. These measures, in turn, disturbed
the balance of interests built into copyright law and impacted other stakeholders, in particular,
the computer technology industry and the public at large. This chapter examines the main legal
and technological measures devised to contain unauthorized dissemination of copyrighted
content on the Internet, and the impact of these measures on each of the stakeholders in the
digital copyright debate. It concludes by discussing possible future scenarios for distribution and
consumption of digital content.1

The advancement of Digital Technology has been one of the finest creations of the human mind.
Technology has opened its gates to a wide range of possibilities in various areas like media,
entertainment, communication, advertisements and education. However, the easy access to
materials available on the Internet has posed a great concern for Copyright infringement.
Copyright is one of the most important Intellectual Property Right which denotes the rights
possessed by the creators for literary and artistic works. It includes works from books, paintings,
computer programs, films, database and maps, to name a few. Digitalisation has made it
considerably easy to copy, replicate and sell the works of a copyright owner without his
permission and detection of such infringement becomes difficult.2 This has posed a great threat
to the right of the copyright owners or creators.

In the light of the above the researcher in subsequent chapter has dealt with challenges faced by
copyright in the world and india.

Aims and Objectives:

1
Beldiman, Dana, Copyright and the Challenges of the Digital Age – Can All Interests Be Reconciled? (2005).
LEGAL ISSUES IN THE GLOBAL INFORMATION SOCIETY, Oceana Publications Inc. of Dobbs Ferry, New
York (2005) . Available at SSRN: https://ssrn.com/abstract=2049074
2
MacQueen, Hector L; Charlotte Waelde; Graeme T Laurie (2007). Contemporary Intellectual Property: Law and
Policy. Oxford University Press. p. 39. ISBN 978-0-19-926339-4 – via Google Books.

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 The researcher aims to study the evolution of copyright law over time in India as well as
the World.
 The Researcher also aims to pursue analytical study copyright in India. In addition the
researcher also intends to analyze contemporary regime to reflect upon the future of
copyright in India

Hypothesis:

The researcher assumes that with the advent of technology, the possibilities of copyright
infringement has increased, owing to which the laws governing the current copyright regime
isinefficient.

Research Methodology:

The researcher is supposed to take up the doctrinal method in pursuance of the completion of this
project. Also, this project shall while mainly focusing on the doctrinal research shall be
complemented by some empirical findings too.

Sources of Data:

For the purposes of this project, the researcher shall place reliance on both, primary and
secondary sources.

Mode of Citation:

The researcher has followed uniform citation method.

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2. CHALLENGES FACED BY COPYRIGHT IN DIGITAL WORLD

The growth of technology with respect to internet has increased the horizon for content creation. Owing
to which various issues and challenges have come up which are to be tackled in the contemporarily.
Following are the areas in which challenges are faced:

 Copyright & Internet

 Multimedia Work
 Software
 Social Media

COPYRIGHT AND INTERNET

The Internet has been one of the major threats to copyright for a long time. The information
available on the internet has varying degrees of copyright protection. Copyrighted works on the
internet include news, stories, images, graphics, e-books, screenplay, videos etc.3 The ocean of
information available on the internet makes it difficult to determine whether the work is
duplication or copy of the protected work. It is a common myth that the information accessed via
the internet on a public domain can be copied freely. However it not so, unless the information
has been made available by the government, or the term for copyright has expired, or the holder
of the copyright has surrendered his right.

Infringement of Copyright in Cyberspace includes

Downloading and uploading

Internet has been a medium of downloading software or files to the hard disk of one`s computer.
Downloading involves creating a copy or reproducing the copy of the material available on the
internet.4 However, there are certain restrictions which have to be complied with and the failure
of which might result in offence.

3
Sidhartha Mohapatra, Copyright Law and The Internet: The Protection of Computerized Documents by The
Copyright Law, http://www.manupatrafast.com/articles/PopOpenArticle.aspx?ID=394e7bf3-9764-4ae9-a530-
2713b4120a89&txtsearch=Subject:%20Intellectual%20Property%20Rights
4
Available at, http://stanford.library.usyd.edu.au/archives/spr2006/entries/ethics-computer/

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Derivative work

If two or more programmes are compiled to create a derivative work then in such cases it
amounts to infringement or violation of Copyright.

Hot-linking

It involves displaying an image on the website by linking to website hosting that image. This
process of hot-linking or linking can also tend to violate the rights of a copyright owner.

Audio-video works

Copying an audio or video file through companies that are involved in Peer to Peer file sharing
(P2P) of any digital music shall also amount to a violation.

MULTIMEDIA WORK

The concept of multimedia is extremely wide and encompasses within itself several categories of
material which includes text, sounds, audio, video, images, graphics, presentations, live videos of
speech and performances and so on.

Generally, Copyright protection is available to multimedia under literary (software program),

artistic (images), cinematographic films (films or videos), dramatic (plays), sound recording
(musical works) and photographs. Protection of rights of the creators and owner of the Copyright
becomes difficult due to the variety of rights available to copyright owners under the ambit of
multimedia.5

 Infringement in multimedia involves

 Copying the works of a creator without his permission
 Distributing multimedia product other than for educational purposes
 Creating prints of literary or artistic works without prior permission of the creators
 Dubbing and selling, through any of multimedia products a sound recording without the prior
permission of its creator.

5
Available at, https://selvams.com/blog/copyright-in-the-digital-world/

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SOFTWARE

Computer Software consists of a collection of computer programmes, procedure, documentation

that perform tasks on a computer system. Software piracy is one of the major reasons for
copyright infringement. It involves unauthorised copying, distributing of copyrighted software.
Software Piracy involves:6

 Creating a copy and selling it

 Creating a copy and exporting the same
 Renting the software
 Selling of computer hardware machines with pre-installed or per-loaded pirated software
 Copying of software programs using CD-R technology

SOCIAL MEDIA

These days Social Media platforms have become one of the prominent modes of connecting
people across the globe. These platforms involve sharing of works which may be copyrighted.
The widespread practice of sharing materials such as images, photographs on Social Media has
resulted in gross infringements of copyrights. The false notion that all material posted on social
media is free, fed by an ignorance of the presence of copyright in such works is a major cause of
such infringements.7 Copyright violations on Social media platforms can be in the form of:

 Re-posting, saving or sharing of works protected under Copyright

 Re-posting and calming ownership or creation rights of already protected work
 Using the content available on the platform without the owner`s prior permission

6
Supra note 5.
7
Available At, http://www.legalserviceindia.com/copyright/Cinematograph-Films.htm

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3. JURISDICTION IN CASE OF COPYRIGHT INFRINGEMENT ON

THE INTERNET

Internet can be defined as the network of networks. In tangible space, the jurisdiction could be
easily established. Unfortunately, in case of infringement on the internet, the jurisdiction with
regard to Cyber Space poses certain legal issues. In case of infringement of Cyber space, may
countries may have jurisdiction.8 Hardship is thus faced in to decide if the jurisdiction shall be
determined on the basis of the origin of material or place of storage of material or placed where
the material is displayed. Moreover, even if the jurisdiction is determined the choice of law
happens to be another impediment as there might chance that laws relating to infringement of
copyright may differ between countries or even be of the nature conflicting to one and
another. The infringer may escape after committing infringement on cyber space as; a) it is
difficult to establish whether infringement has be made in the first place as internet is a fast
growing with complexities and technical diversifications, b) Even after establishing
infringement, the jurisdiction could not be determined in ease, c) Conflict of law may exist and
d) Financial viability and feasibility happens to be another obstacle.

POSITION IN AMERICA

To counter the problem of jurisdiction, the Americans were vigilant enough to bring about the
concept of ‘Personal Jurisdiction’. It confers the power to the Courts to entertain a suit in
particular matter over an individual .It may occur in the nature of general jurisdiction or special
jurisdiction.

The ambit of the Personal Jurisdiction was further magnified by the US Supreme Court in the
case International Shoe v Washington9 where the Court propounded the minimum contact test.
The Court put forth that if a minimum sufficient contact is established by the defendant and the
Forum state, the state shall be permitted to enforce the obligations that would be incurred.

8
Tabrez Ahmad, Copyright infringement in Cyberspace and Network Security,
http://www.legalserviceindia.com/article/l462-Copyright-Infringement-in-Cyberspace-&-Network-Security.html
9
International Shoe v Washington, 326 US 310 (1945).

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The ‘Three Pronged Test’ was mooted in the case Compu Serve Inc v Patterson10 where three
conditions are required to be fulfilled for the application of the Personal Jurisdiction.

 The defendant must have purposefully acted in the Forma state and have caused a
consequence
 The cause of action must have arisen by the defendant’s activity
 Such act must have a substantial connection with the Forum state

Furthermore the ‘Sliding Scale Framework’ was postulated in Zippo Manufacturing Co v

Zippo Dot Com, Inc11 which included three distinguished activity on the scale, 1) Business
category 2) interactive category 3) passive website technology. Exercise of jurisdiction in the
first category is proper; the exercise of jurisdiction in the second category is subject to the level
of interactivity and in the third category, the exercise of jurisdiction shall not be proper.

JURISDICTION UNDER THE COPYRIGHT ACT 1957

Section 62 of the Act stipulates an additional forum of jurisdiction to seek redressal for an injury
caused. The statute states that the person instituting the suit can institute the same at the place
where he ‘voluntarily resides or carries on business or personally works for gain’. The
wrongdoer is compelled to the forum of the choice of the plaintiff.

The Delhi Court in Yahoo! Inc v Akash Arora12 held that the cause of action could be
established by something more than mere accessibility. In this case, the plaintiffs have done
business and have interacted within the local limits of the state and hence the scope of
jurisdiction can be enhanced.

In matters relating to the infringement on the Internet, the defendant is said to have established
minimum contact ifhe carries on business in India by subscribing Indian Net users. If a suit is
decreed against an Indian in a foreign court for infringement on the internet, the same can be
enforced in accordance to section 13 of the Civil Procedure Code 1908. In case of infringement

10
Compu Serve Inc v Patterson,89 F 3d 1257 (6 th Cir 1996).
11
Zippo Manufacturing Co v Zippo Dot Com Inc. ,952 F Supp 1119 (WD pa 1997).
12
Yahoo! Inc v Akash Arora, (199) 19 PTC 210 (Del.).

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by a foreign national, the Courts must exercise extraordinary care with regard to unresolved
jurisdictional issues.

The WIPO Performances and Phonograms Treaty (WPPT), WIPO Copyright Treaty (WCT) and
the Berne Convention are also silent with respect to uniform practise to exercise jurisdiction.

Therefore, Internet is more a curse than a blessing to the Copyright owners. There are several
modes of infringement occurring on the cyber space proving of which itself is difficult. The
infringement or alleged infringement takes form of framing, linking, caching, archiving and
other different ways. The treatment is not uniform but varies according to the facts and
circumstances of such acts. Internet and technological advancements relating to internet are
progressing at jet speed. The law and the Courts ought to catch up with the pace of such
developments for efficient adjudication. Despite establishing infringement, the plight of the
Copyright owners is not uplifted as there are other several legal issues obstructing quick
adjudication. The issue of jurisdiction and the choice of law add more obscurity to the cases. The
US Courts however, have gone a step further in propounding the ‘Personal
Jurisdiction’.Therefore, the void in law relating to copyright infringement ought to be filled.

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4. FAIR DEALING IN DIGITAL ENVIRONMENT

The protection sought to be given to the creator or the owner of copyright must be in conformity
with the public rights. The human rights of a person should not be used to curtail those of
another.13 It is because of this that the concepts of Fair Dealing or Fair Use have evolved in
Copyright. The most important convention in this domain has been the Berne Convention 1883,
according to Art 9 (2) of which “It shall be the matter of legislation in the countries of the union
to permit the reproduction of such work in certain cases, provided that such reproduction does
not conflict with normal exploitation of the work and does not legitimate the interest of the
author.” Similarly, Article 13 of the TRIPS agreement states, “Members shall confine
limitations or exceptions to exclusive rights to certain special cases which do not conflict with
the normal exploitation of the work and do not unreasonably prejudice the legitimate interest of
the right holder.14 ”Different countries across the globe have different laws on copyright
exception. In the United States of America, Copyright exception is known as “FAIR USE” is
engrained in section 107 of the Copyright Act. It reads that Fair Use of Copyright does not
amount to infringement. Similarly European Union Directive15, has laid down a list of
compulsory and optional exceptions and directives, while 2012/28/EU provides for principles of
orphan works (the works the owner of which is not identified). In India section 52 of the
Copyright Act, 1957 lays down provisions relating to acts which would not constitute a
Copyright infringement.16 Listed below are some acts which shall not be considered as an
infringement in Digital World:

 Conducting Research or study and making copies of the material available on the internet
for the sole purpose of studying
 A teacher making use of content from a film to make certain satirical points during class
 Access to a journal from University website or library
 To make backup copies on Hard Drive as temporary protection against any loss,
destruction or damage

13
Harper & Row v. Nation Enterprises, 471 U.S. 539, 563 (1985). See also Time v. Bernard Geis Associates, 293
F.Supp. 130, 146 (S.D.N.Y. 1968); Rosemont Enterprises v. Random House, 366 F.2d 303, 307 (2d Cir. 1966);
Holdridge v. Knight Publishing Corp., 214 F.Supp. 921, 924 (S.D.Cal. 1963).
14
See, https://www.wipo.int/treaties/en/ip/berne/summary_berne.html
15
2001/29/EU
16
S. 52 Copyright Act, 1957.

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 The observation study or test of the functioning of a computer programme in order to

determine the ideas and principle which underline any elements of the programme in
order to determine the ideas or principles which underlies the element of the programme
while performing acts that are necessary for the functioning of a computer programme
 Making copies or adaption of computer programme from a personally legally occupied
copies for non-commercial purposes
 Using CD, DVD, pen drive or any multimedia devise for playing songs in an enclosed
room or hall meant for the common use of residents in any residential premises or as a
part of any club activity for non-profit purposes
 Publication of any speech delivered in public
 Reproduction or publication of any electronic reports of any committee, council, body or
institution established by an Act of the legislature or by state or central government.

REMEDIES AGAINST INFRINGEMENT OF COPYRIGHT IN DIGITAL DOMAIN

The threats of infringement of Copyright in the digital domain have given rise to certain
preventive measures which ensure that the rights and interest of the owner or creators are
protected. Some of the important remedies available are:17

BLOCKCHAIN TECHNOLOGY

It is highly secured decentralised public ledger that is used to record peer to peer transaction. In
each transaction that occurs, the parties agree to details to encode it into the block of digital data
which is uniquely signed or identified. It is due to its functioning that it is considered an
excellent technology to resolve the problem of copyright in Digital Domain

DIGITAL WATERMARKS

One of the easiest ways to protect the work of the creator of Copyright as it helps the owner to
trace his work and prevent it from duplication. In this technique, a watermark is embedded in the
original work of the author in this way the unauthorised copying of the work can be detected.

17
Supra note 8.

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INTERNATIONAL TREATIES AND CONVENTIONS PROTECTING COPYRIGHT IN DIGITAL DOMAIN

Digitalisation has a great impact on society. But as it is rightly said that with great inventions
comes a great threat, similarly digitalisation, while having played a major role in changing the
dynamics of society, has also given rise to several other problems like infringement of rights of
an creator or owner of the work( in copyright context) through various means in digital world. In
order to keep a check against infringement of these rights, International organisations like World
Intellectual Property Organisation (WIPO) have played a major role.18

Listed below are some of the important International treaties and conventions-

WORLD COPYRIGHT TREATY 1996

It is a special agreement under the Berne Convention that deals with the protection of works in
the Digital environment. In addition to the rights recognised by the Berne Convention 1885 they
are granted three economic rights namely, right to distribution, right to rental and right to
communication to the public. It assures protection for any work in the digital world for a period
of at least 50 years. The treaty also deals with two subject matters that shall be protected by
Copyright and they are

 Computer Programs
 Compilation of data or material (databases)

WIPO PERFORMANCE OF PHONOGRAM TREATY 1996

This treaty deals with two kinds of beneficiaries in the digital world, firstly the performers
namely actors, singers, musicians etc., secondly producers of phonograms. It also lays down the
economic rights of distribution, renting and communication by the performers with the public
and for the producers of phonograms the economic rights of reproduction, right of distribution,
right of rental and right of making available. The treaty assures protection to the performers and
producer of phonograms for a period of at least 50 years.

18
Supra note 14.

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5. COPYRIGHT IN DIGITAL ERA WITH SPECIAL

REFERENCE TO INDIA

Copyright in India is protected under Copyright Act, 1957 since then several amendments have
been made from time to time to suit the changing needs of the society and to ensure protection to
the creators of the work. The main aim of the act is to protect the works of the creators and
owners of the copyright against unauthorized use. Recently the Copyright (Amendment) Act,
2012 was enacted which is considered to be more substantial. The main reason behind this
enactment was to bring the act in conformity with World Copyright Treaty 1996 and WIPO
Performance and Phonogram Treaty 1996.19 The Copyright Amendment Act of 2012 extended
its provisions for the protection of copyright in work in the field of digitalisation. It also laid
down provisions for penalties to be awarded against the infringer, rights of management
information, the liability of internet service providers and introduction of statutory licenses for
cover version and broadcasting organiser. It also aimed at ensuring proper distribution of
royalties amongst the creators and owners of the work. The law also aimed at creating certain
acts as exceptions, which means that certain acts shall not amount to infringement. Section 52 of
the act lays down certain acts which shall fall under the heading of Doctrine of Fair Use. 20 This
section is enacted in conformity with the Berne Convention 1885, TRIPS Agreement 1995. The
Indian Judiciary has also has played a pivotal role in protecting the rights of Copyright owners in
the era of digitalisation. Latest judicial pronouncements in a matter pertaining to the protection
of copyright in the digital world are listed below-

UTV SOFTWARE COMMUNICATION LTD V/S 1337X AND ORS ON 10TH APRIL 2019-DELHI HC

Factual Matrix of the Case-

In this case, the plaintiff including UTV software communication Ltd are the companies engaged
in creating content, producing and distributing cinematographic films all over the world
including India. The defendants were 30 websites including some John Doe websites, the
Ministry of Electronic and Information Technology, Department of Telecom and various ISP`s.
19
Supra note 14.
20
S. 52 Copyright Act, 1957.

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It was contented by the plaintiff that defendants’ websites hosted and provided access to their
copyrighted work which resulted in infringement of Copyright of the plaintiff. The Court, in this
case, appointed Mr Hemant Singh as ‘amicus curiae’ to assist the court in determining the
questions of law in the instant case.21

Judgement

The Judgement in the instant case can be understood with reference to the issues involved in this
case “Whether an infringer of Copyright on the Internet is to be treated differently from Infringer
in the physical world”?

The court answering it negatively held that there is no reason why crime in the physical world is
not a crime in the digital world especially when the Copyright Act does not make any such
distinction.

Whether seeking blocking of a website dedicated to piracy makes one an opponent of free and
open internet?

The court opined that key issue about Internet freedom, therefore is not whether the internet is
and should be completely free or whether the government should have unlimited censorship
authority, but rather where the appropriate lines should be drawn, how they are drawn and how
they are implemented.

WHAT IS A ROGUE WEBSITE?

These are the websites which primarily and predominantly share infringing/pirated content or
illegal work. Either these websites, themselves allow streaming of content or provide a
searchable database with links to the third party. Even the Ad Networks employed on these
websites are not run-of-the-mill popular networks, but obscure Ad Networks, with equally
anonymized credentials. These websites invite consumers for watching free movies/contents.
Although, some of these websites feebly claim to only provide links to third- party websites and
not host content on their servers, yet their entire module/interface is premised on allowing users

21
Available at https://globalfreedomofexpression.columbia.edu/cases/utv-software-communications-ltd-v-1337x-to/

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to watch pirated releases/movies by way of links, and which account for all the content available
on their sites.

WHETHER THE TEST FOR DETERMINING A ‘ROUGE WEBSITE IS QUALITATIVE OR QUANTITATIVE?

The court in this matter took into consideration two countervailing approaches. On one hand, it is
considered to apply Quantitative test for blocking injunctions. Here the reference was made to a
judgement delivered by learned Single Judge of the Bombay High Court in case of Eros
International Media Ltd v/s Bharat Sanchar Nigam Ltd suit no. 751/2016. The Learned Judge
held that for blocking the entire website, the burden of proof is on the plaintiff to bring to the
notice of the court that the website of the defendant in its entirety is indulged in illicit, infringing
and illegal material. In this case, the court formulated three-step verification:

 Verification and assessment by the external agency of web links and URLs that have
been alleged to be infringing
 Level of verification by deponent of affidavit along with the plaintiffs` and advocates
 The said affidavit is on oath

On another hand in the case of Department of Electronics and Information Technology v/s Star
India Pvt Ltd, FAO (OS) 57/2015, the division bench of Delhi High Court, in this case, adopted a
qualitative approach. by observing that rogue websites are overwhelmingly infringing and
therefore prima facie stringent measures to block the website was justified. It further held that
blocking of specific URLs will not be sufficient due to which URL can be changed or blocked.

WHETHER THE DEFENDANTS’ WEBSITE FALLS WITHIN THE CATEGORY OF ‘ROGUE WEBSITE’?

The Court held, that after considering all the facts it can be said that the website belonging to the
defendant falls within the ambit of Rogue websites.

Whether this court would be justified to pass directions to block the ‘ROGUE WEBSITES’ in
entirety?

The Court held that “This Court is of the view that while passing a website blocking injunction
order, it would have to also consider whether disabling access to the online location is in the

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public interest and a proportionate response in the circumstances and the impact on any person or
class of persons likely to be affected by the grant of injunction. The Court order must be
effective, proportionate and dissuasive, but must not create barriers to legitimate trade. The
measures must also be fair and must not excessively costly.” The Court further noted that any
website blocking must be necessary and in proportionate and commensurate with the nature of
the infringement, as well as whether legitimate content is being blocked.

How Should the court deal with the hydra-headed ‘Rogue Websites who being blocked, actually
multiply and resurface as redirect or mirror or alphanumeric websites?

Finally the most significant part of the Judgement was that it aims to create a new procedure to
extend the website blocking injunctions beyond the websites specified in the order and this
injunction is known as ‘DYNAMIC INJUNCTION’ shall extend even to websites which are
mirror/alphanumeric/ redirect websites that have been created subsequent to the injunction
orders. The court pointed out that the decision relating to Dynamic Injunction is stemmed from
the decision given Singapore Court in Disney enterprise v/s MI Ltd, (2018) SGHC 206. The
court further held that awarding such an injunction is well within the inherent powers of the court
under section 151 of Civil Procedure Code and a similar injunction can be sought by the plaintiff
under Order 1 Rule 10 of Civil Procedure Code.

RELIEF

A decree of Permanent Injunction was passed against the defendants restraining the defendant
websites- their owners, proprietors, officers, servants, employees or anyone claiming through or
under it from streaming, reproducing or making available to the public or communicating to the
public or through any other mode a work, content, program or any work belonging to the
plaintiff in which copyright subsists. An order was also issued against the ISPs to block access to
the defendant`s website. The plaintiffs were permitted to implead the
mirror/redirect/alphanumeric website under Order 1 Rule 10 of CPC in cases where the new
means of accessing the same primary websites have been injuncted.

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CONCLUSION & SUGGESTIONS

Even though digitalisation has given opportunities to the creators to show cause their work and
creations effectively it has at the same time also raised concerns for infringement of the rights
belonging to owners. However, even though several efforts have been made at both International
and national level to overcome the obstacles so as to ensure the protection of copyrights in the
digital arena still a lot is to be done. At the national level, there is a necessity to create awareness
among the people, to train the enforcement agencies and develop proper mechanisms to prevent
infringement. At the International level, there is a need to ensure that the provisions and
principles enriched under International treaties and conventions have been complied with so as to
ensure effective management for protection of copyright in the digital world.

Thus we can say that almost countries have given protection to computer databases, computer
software/program and internet by amending their copyright laws. But there are many countries
which have yet to amend their copyright laws for the protection of computers databases,
computer software/program and internet. The owners of computer software, databases and
internet, have been provided the general rights which are possessed by the owners of copyrighted
literary works, artistic works, dramatic works, cinematograph films etc. The characteristic of the
Internet has out-performed the law, thus the question arises whether Copyright is shaken by the
advancement of technology and that it is significant in the digital era. Undoubtedly, the current
Copyright laws do provide protection to Copyright owners but it has some drawbacks. Some
doubts have been raised on the effectiveness of Copyright protection being enforced onto people.
The borderless nature of Internet, calls for a more encouraging relationship in other jurisdiction
and close cooperation with the international organizations. The society must be educated on the
necessity of Copyright protection to prevent any unauthorized use.

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BIBLIOGRAPHY

PRIMARY SOURCES

 Copyright Act, 1957.

 Berne convention, 1886.
 TRIPS Agreement, 1994.
 WIPO Copyright Treaty, 1996.

SECONDARY SOURCES

 BOOKS
 B.L Wadhera, Laws relating to Intellectual Property (5th ed., 2019).
 V.K. Ahujha, Law relating to the Intellectual Property Rights (3rd ed., 2018)
 WEBSITES
 www.thehindubusinessline.com
 www.scconline.com
 www.manupatra.com
 www.claonline.in
 www.lexisnexis.com
 URLS
 Beldiman, Dana, Copyright and the Challenges of the Digital Age – Can All Interests Be
Reconciled? (2005). LEGAL ISSUES IN THE GLOBAL INFORMATION SOCIETY,
Oceana Publications Inc. of Dobbs Ferry, New York (2005) . Available at SSRN:
https://ssrn.com/abstract=2049074
 MacQueen, Hector L; Charlotte Waelde; Graeme T Laurie (2007). Contemporary
Intellectual Property: Law and Policy. Oxford University Press. p. 39. ISBN 978-0-19-
926339-4 – via Google Books.

 https://globalfreedomofexpression.columbia.edu/cases/utv-software-communications-ltd-
v-1337x-to/
 , https://www.wipo.int/treaties/en/ip/berne/summary_berne.html

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 Tabrez Ahmad, Copyright infringement in Cyberspace and Network Security,

http://www.legalserviceindia.com/article/l462-Copyright-Infringement-in-Cyberspace-&-
Network-Security.html

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