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Isbn 978-81-948082- 1-3) INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISBN 978-81-948082- 1-3) Volume 1 Issue 3 (May 2021) Email – [email protected] Website – www.ijlra.com www.ijlra.com Volume 1 Issue 3|May 2021 ISSN: 2582-6433 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Managing Editor of IJLRA. The views expressed in this publication are purely personal opinions ofthe authors and do not reflect the views of the Editorial Team of IJLRA. Though every effort has been made to ensure that the information in Volume I Issue X is accurate and appropriately cited/referenced, neither the Editorial Board nor IJLRA shall be held liable or responsible in any manner whatsever for any consequences for any action taken by anyone on the basis of information in the Journal. Copyright © International Journal for Legal Research & Analysis 1 www.ijlra.com Volume 1 Issue 3|May 2021 ISSN: 2582-6433 EDITORIAL TEAM EDITORS Ms. Ezhiloviya S.P. Nalsar Passout Ms. Priya Singh West Bengal National University of Juridical Science Mr. Ritesh Kumar Nalsar Passout Mrs. Pooja Kothari Practicing Advocate Dr. Shweta Dhand Assistant Professor 2 www.ijlra.com Volume 1 Issue 3|May 2021 ISSN: 2582-6433 ABOUT US INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANLAYSIS ISBN 978-81-948082-1-3 is an Online Journal is Quarterly, Peer Review, Academic Journal, Published online, that seeks to provide an interactive platform for the publication of Short Articles, Long Articles, Book Review, Case Comments, Research Papers, Essay in the field of Law & Multidisciplinary issue. Our aim is to upgrade the level of interaction and discourse about contemporary issues of law. We are eager to become a highly cited academic publication, through quality contributions from students, academics, professionals from the industry, the bar and the bench. INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS ISBN 978-81-948082-1-3 welcomes contributions from all legal branches, as long as the work is original, unpublished and is in consonance with the submission guidelines. 3 www.ijlra.com Volume 1 Issue 3|May 2021 ISSN: 2582-6433 INDEX S.No Name Title Page no. 1 Anubhav Singh & Copyright in the digital world: Issues and a Way 5 Yashi Singh Forward 2 Shrey sahai Social base of political parties with their voters having 22 shifted their allegiance to different political parties 3 Chandi Prasad A Study On The Legal Aspects Of The Inter-State 37 Khamari & Anjana Migration Of Labour (Dadan) With Special Reference Tripathy To Balangir District, Odisha 4 Prachi Shekhawat Abrogation Of Constitution: Transition From “Judicial 47 Activism” To “Overreach” 5 Katyayani Jha Role Of Asean Countries In The Paris Agreement 60 6 Dhruv Mehta Children Should Be Allowed To Play Video Games For 71 An Hour On A Daily Basis 7 Rachit Sharma Malicious Prosecution 79 8 Anuroopa D The Wto Dispute Settlement Mechanism- An Analysis 88 9 Ambika Gupta Interplay between Constitutional Law and Criminal Law 105 while Analysing the Legality and Evidentiary Value of Physiological Devices 10 Anjali Bisht The Impact Of Climate Change On Children: A Study On 116 South-Asian Children 11 Mansi Mankotia Right To Privacy, Vis-À-Vis The Personal Data Protection 136 Bill, 2019 And Information Technology (Intermediary Guidelines And Digital Media Ethics Code) Rules 2021 12 Nishita Kirty Legal Personality & Artificial Intelligence 144 4 www.ijlra.com Volume 1 Issue 3|May 2021 ISSN: 2582-6433 COPYRIGHT IN THE DIGITAL WORLD: ISSUES AND A WAY FORWARD AUTHOR: ANUBHAV SINGH COLLEGE: MAHARASHTRA NATIONAL LAW UNIVERSITY MUMBAI COURSE: B.A.,LL.B.(Hons.) YEAR: 2ND YEAR CO-AUTHOR- YASHI SINGH COLLEGE: MAHARASHTRA NATIONAL LAW UNIVERSITY MUMBAI COURSE: B.A.,LL.B.(Hons.) YEAR: 2ND YEAR 5 www.ijlra.com Volume 1 Issue 3|May 2021 ISSN: 2582-6433 TABLE OF CONTENTS ABSTRACT ............................................................................................... 7 INTRODUCTION ...................................................................................... 8 1.1 AIM: 9 1.2 RESEARCH METHODOLOGY: 9 1.3. RESEARCH HYPOTHESIS: 10 THE COPYRIGHT LAWS AND THE DATA BASES ........................................ 10 2.1 WHAT IS DATABASE? 10 2.2 COPYRIGHT LAWS AND DATABASES 11 2.3 PROTECTING THE DATABASE IN INDIA12 INFRINGEMENT OF COPYRIGHT ON THE INTERNET ................................. 13 3.1. FRAMING: 13 3.2. CACHING 13 3.3. DISPLAYING PUBLICALY AND THE RIGHTS OF UPLOADING AND POSTING ON THE INTERNET 14 JURISDICTION PROVIDED UNDER THE COPYRIHT ACT ............................. 15 RIGHT TO REPRODUCTION OF DIGITAL WORK ........................................ 16 6.1. CHARACTERISTIC OF COPYRIGHT AMENDMENT ACT, 2012 AND RULES DEFINED 17 CONCLUSION ........................................................................................ 18 BIBLIOGRAPHY ...................................................................................... 19 7.1. BOOKS: 19 7.2. CASES: 19 7.3 JOURNAL ARTICLES: 19 7.4 RESEARCH ARTICLES: 19 7.5 STATUTES: 20 6 www.ijlra.com Volume 1 Issue 3|May 2021 ISSN: 2582-6433 ABSTRACT Internet plays a vital role in one’s day to day life. In nowadays life for someone to reach out the world with better outstretch or influence. Individuals are sharing their authentic work on internet i.e., on digital platform making it convenient and obtainable to the majority of people out there in the world. Law of Copy right has its historical significance in order to safeguard and shield the originality of the work. Internet is a massive and immense platform for one to present his or her work digitally, and it also becomes easy for the work to be duplicated on the same platform. Copy right laws are mainly responsible to prevent the work of creator to not to be copied or duplicated. Since, the times have changed and with changing times the vicinity of the technology has only increased and with it the approach of people to others through digital platforms mainly internet has also gained a huge jump. Now when there is a threat to originality of the content created by the creator with complete authentic approach, this is the part where Copyright laws comes in the picture. Copy rights laws have been gaining lot of significance in today’s world since the reach to their intellectual property by others have also increased. It is of grave concern if noticed that strangers controlling your work, your content, using it for their gain and are getting away with it. In order to prevent such situation, the Copy Right Law in the Digital world is important. Hence, with this the researcher would enlighten that this research paper will solely concentrate on the problems and issues faced by the copy right laws on the digital platform, and how the laws have been changing with the time being, and what are the significant steps required to as in order to enhance the security and protection of the content online or on digital platforms by the Copy Right Law in the country. KEYWORDS: COPY RIGHT LAWS, PROBLEMS AND ISSUES, DIGITAL PLATFORM, CHANGES IN THE LAWS. 7 www.ijlra.com Volume 1 Issue 3|May 2021 ISSN: 2582-6433 INTRODUCTION With the world changing around us, it also includes the social life of individuals. With the change in one social life results in change of various laws related ton ones’ rights and life too. Every day there’s new technology being introduced to the world which has become a potential threat to the Copyright Laws. The digital world for instance has an immense impact on the Copyright laws and demonstrates on the fact the content and work on the internet is to be protected, the creation’s originality shouldn’t be jeopardized under the Copyrights law. The industry consequently has put every new invention to its advantage in terms of creating newer forms of exploitation of art, widening markets and increasing profits1. There are many challenges faced by the Copyrights law since with the technology changing the internet is more available to the world than it ever was. And hence this is the reason the data on internet can easily be target for manipulation, changes and duplication. By enabling the making of perfect copies of copyrighted works for little cost, digital technology threatens to undermine the distribution systems and increase unauthorized use of copyright works2. The issue rises with the concept that what is the definition of Internet defined by Copyright laws, and how is it suppose to protect data on the digital platform. Hence, there is no specific definition provided under the Copyright Designs and Patents Act 1988, it doesn’t say anything concrete about the Internet or the digital platform. There are many questions present regarding the explanation of the internet under the Act, but it isn’t answered. The advancement of the digital environment has been huge challenge to the copyright laws. The growth of technology has given rise to concepts like computer programs, database, layout, etc. In the digital era, copyright is a key issue in Intellectual Property Rights.3 Copyright is an essential asset for the Intellectual property rights when digital platform and data on the internet is considered. The main responsibility of the Copyright laws is to protect the creativity and the labour of the brain over the content which is used to make the content authentic. Once the work is published on the digital platform it becomes easier for that content to be replicated or to be saved by someone else making it harder for the copyright laws to protect the content from being threatened. There are many characteristics that can be considered once the copyright laws over the data is imposed. For instance, the issues of the data being reproduced, the data being easily distributed on a global platform or the data being easily saved by many on the digital platform. Hence, this proves that there is a dire need for copyright laws ton advance in its own field including the digital platform too.
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