Copyright and Digital Ownership
In today’s connected world, the rules about who owns creative work (copyright) are facing big challenges. These rules were first made to protect the ideas of writers, artists, and inventors. But now, with technology changing so fast, these old laws are struggling to keep up. New challenges such as online piracy, artificial intelligence generating creative works, and the rise of unique digital assets like NFTs are reshaping traditional notions of ownership. Countries worldwide, including India, are struggling to adapt their legal frameworks, underscoring the urgent need for coordinated global solutions.
The Never-Ending Fight Against Online Stealing
Stopping digital piracy-which is like stealing movies, music, and software online-is harder than ever before. Websites that illegally stream videos, share files, or pass around stolen programs let millions of people get things without paying. This problem keeps growing because people can hide easily on the internet, and since the internet crosses all borders, it’s tough to control.
Both India and other nations are trying new legal methods to fight back. In India, courts can issue special “John Doe orders.” These orders help block stolen content, sometimes even before a movie is officially released. Similarly, courts in the UK have told internet companies to stop access to websites that help piracy. These actions show that while the problem is global, the solutions often begin within each country.
The AI Question – Who Owns a Robot’s Creations?
Artificial Intelligence (AI) is now making all sorts of creative things, from songs to poems to visual art. But who actually owns the copyright to something a machine creates? This question is a major legal challenge.
In many places, India included, copyright laws are based on the idea that only a human can be a creator. India’s Copyright Act does not see a non-human as an author, so an AI-made work cannot get copyright protection there. The U.S. Copyright Office has a similar view, refusing to grant copyright for AI-created art. However, some countries, like the UK, have a different approach. They give copyright to the person who asked the AI to make the work. This highlights the big differences in how the world is trying to solve the puzzle of AI ownership.
Finding the Right Balance – Sharing Knowledge vs. Protecting Creators
One of the main goals of copyright law is to find a fair balance: protecting the rights of creators while also allowing the public to access knowledge for learning and research. If copyright rules are too strict, they can slow down new ideas and make it harder to get important educational materials, especially in developing countries.
India has a “fair dealing” rule that allows people to use small parts of copyrighted material for things like education, research, and news reporting without needing special permission. This idea was famously supported in an Indian court case where the court decided that photocopying academic books for students was fair use. This ruling underlined how important it is for students to access educational materials. Such legal decisions are vital to ensure copyright doesn’t become a roadblock to learning and progress.
Blockchain and NFTs – A New Look at Digital Property
Blockchain technology and Non-Fungible Tokens (NFTs) are changing how we think about owning things online. An NFT can represent a unique digital item, but this new technology also creates legal unknowns. If you own an NFT, does that mean you also own the copyright to the artwork it represents? And how are profits (royalties) handled when an NFT is sold again on the market?
Currently, India doesn’t have specific laws for NFTs under copyright. The general rule is that simply buying an NFT doesn’t give you the copyright unless it’s clearly written in a legal contract. The international community is still trying to understand all this, with legal groups in the U.S. and other places beginning to study how blockchain can fit into existing copyright laws.
Moving Forward
Copyright law, both in India and around the world, is at a critical turning point. It needs to change from just being a protective shield to a flexible system that encourages creativity, ensures public access, and keeps up with technology. To achieve this, we need:
- Better teamwork between countries to fight online piracy across borders.
- Clear legal rules for new technologies like AI and NFTs.
- A balanced approach that supports creators without stopping new ideas.
Ultimately, the future of copyright depends on our ability to update the law and ensure it stays useful and fair in our fast-changing digital world.
