ISSUE 6 || December 2020 ||
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www.whiteblacklegal.co.in ISSN: 2581-8503 VOLUME 2 : ISSUE 6 || December 2020 || Email: [email protected] Website: www.whiteblacklegal.co.in 1 www.whiteblacklegal.co.in ISSN: 2581-8503 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Editor-in-chief of White Black Legal – The Law Journal. The Editorial Team of White Black Legal holds the copyright to all articles contributed to this publication. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of White Black Legal. Though all efforts are made to ensure the accuracy and correctness of the information published, White Black Legal shall not be responsible for any errors caused due to oversight or otherwise. 2 www.whiteblacklegal.co.in ISSN: 2581-8503 EDITORIAL TEAM EDITOR IN CHIEF Name - Mr. Varun Agrawal Consultant || SUMEG FINANCIAL SERVICES PVT.LTD. Phone - +91-9990670288 Email - [email protected] EDITOR Name - Mr. Anand Agrawal Consultant|| SUMEG FINANCIAL SERVICES PVT.LTD. EDITOR (HONORARY) Name - Smt Surbhi Mittal Manager || PSU EDITOR(HONORARY) Name - Mr Praveen Mittal Consultant || United Health Group MNC EDITOR Name - Smt Sweety Jain Consultant||SUMEG FINANCIAL SERVICES PVT.LTD. EDITOR Name - Mr. Siddharth Dhawan Core Team Member || Legal Education Awareness Foundation 3 www.whiteblacklegal.co.in ISSN: 2581-8503 ABOUT US WHITE BLACK LEGAL is an open access, peer-reviewed and refereed journal provide dedicated to express views on topical legal issues, thereby generating a cross current of ideas on emerging matters. This platform shall also ignite the initiative and desire of young law students to contribute in the field of law. The erudite response of legal luminaries shall be solicited to enable readers to explore challenges that lie before law makers, lawyers and the society at large, in the event of the ever changing social, economic and technological scenario. With this thought, we hereby present to you WHITE BLACK LEGAL: THE LAW JOURNAL 4 www.whiteblacklegal.co.in ISSN: 2581-8503 CRITICAL ANALYSIS OF DIGITAL RIGHTS MANAGEMENT PROVISIONS IN INDIA: (By Madhumitha C.R) ABSTRACT: This article examines the nee provisions of Digital Rights Management from a legal perspective. It also aims to highlight some of the important welfare implications. BRIEF ON INTELLECTUAL PROPERTY RIGHTS: Intellectual property is a legal concept which refers to creation of human mind for which exclusive rights are recognised for example tangible property which creation has value and it is necessary to protect them. Intellectual property rights give this protection. The person holding exclusive rights to prevent others from using, manufacturing, distributing the inventions, artistic and literary works etc is known as the rights holder. Types of intellectual property rights: 1. Industrial design: it deals with features, shapes, patterns, etc applied to an article by an industrial process whether through manual or mechanical. Designs can be registered based on its originality and use. 2. Copyright: it refers to the legal right of the owner of intellectual property. In other words, copyright is the right to copy, which means if the original creator of the product gives authorisation to someone then only, he will have the exclusive right to reproduce the work. Copyright law gives creator the right to dwell with the original material for a further period as specified until the copyrighted work becomes public domain. It is the legal means of protecting the authors’ work. 3. Patents: it is a form of intellectual property which gives its owner the right to exclude others from making, using, selling, and importing an invention for a limited period of time. (20 years). A patent for an invention is granted by the government to the inventor giving the inventor the right to stop others for a limited period from making, using, or selling the invention without their permission. Inventor has to file for patent and then make his / her invention to public. Patent has to filed in each country by the inventor to claim patent in that country. 5 www.whiteblacklegal.co.in ISSN: 2581-8503 4. Trademark: it can be brand, name, symbol etc used by a company to create a unique identity for their product. They are assets that can become highly valuable. The overall purpose of trademark law is to prevent unfair competition by protecting the use of a symbol, word, logo, slogan, design, domain name etc that distinguishes the goods or services of a firm. DIGITAL RIGHTS MANAGEMENT (DRM): Copyright law can best be defined by constant strained tussle between exclusive private rights on the one hand and the freedom to read and express oneself as one wishes on the other hand. This dichotomy of interests often results in the balance leaning towards the copyright holders. Digital Rights Management (DRM) is one such technological measure that has now received legislative acceptance and incorporation in India. Essentially, DRM is meant to protect the ‘exclusive rights’ of copyright holders, which right encompasses within itself the right to exclude others from use, in any form, of the copyrighted material. However, by its very nature and functioning, this measure disrupts the balance between public rights and private interests that copyright law seeks to achieve, or rather, had sought to achieve at the time of its introduction in independent India. It is a system for protecting the copyrights of the data circulated via internet or other digital media by enabling secured distribution or by disabling the illegal distribution of the data. DRM is basically an aggregation of security technologies to protect the interest of content owner so that they can protect their content. It is a term for access control technologies that are used by hardware manufacturers, publishers, copyright holders and individuals to limit the use of digital content and devices. DRM refers to protecting ownership/copyright of electronic content by restricting what actions an authorized recipient may take in regard to that content. It can refer to all technologies that protect them from piracy. DRM gives digital- content publishers, hardware manufacturers, copyright holders, and individuals the ability to securely distribute high-value content. The term is used to describe any technology that inhibits uses of digital content that is not desired or intended by the content provider. The term does not generally refer to other forms of copy protection, which can be circumvented without modifying the file or device, such as serial numbers or key files It can also refer to restrictions associated with specific instances of digital works or devices. Digital rights management is used by companies such as Sony, Amazon, Apple Inc, Microsoft, AOL and the BBC. The use of digital rights management is controversial. Proponents argue it is needed by copyright holders to prevent unauthorized duplication of their work, either to maintain 6 www.whiteblacklegal.co.in ISSN: 2581-8503 artistic integrity or to ensure continued revenue streams. DRM technologies attempt to control use of digital media by preventing access, copying or conversion to other formats by end users. DRM technologies have enabled publishers to enforce access policies that not only disallow copyright infringements, but also prevent lawful fair use of copyrighted works, or even implement use constraints on non-copyrighted works that they distribute. DRM is most commonly used by the entertainment industry (e.g., film and recording). Many online music stores, such as Apple Inc. 's iTunes Store, as well as many e-book publishers have implemented DRM. In recent years, a number of television producers have implemented DRM on consumer electronic devices to control access to the freely-broadcast content of their shows, in response to the rising popularity of time-shifting digital video recorder systems. DRM INCLUDES: Persistent Protection: Technology for protecting files via encryption and allowing access to them only after the entity desiring access has had its identity authenticated and its rights to that specific type of access verified Business rights: Capability of associating business rights with a content by contract, e.g. author’s rights to an article or musician’s rights to a song Access tracking: Capability of tracking access to and operations on content Rights licensing: Capability of defining specific rights to content and making them available by contract HISTORY OF DRM: In the pre-digital era, people's ability to do various things to or with content were limited. The networked digital age makes it possible to do just about anything to digital content, instantaneously and at virtually no cost. While this is a great opportunity for new content business models, it threatens the livelihood of content creators by making rampant piracy possible Also, more and more public and private entities are going digital and doing business online. Information is increasing retrieved through computer networks by customers, employees and partners etc. Thus, we see the need for a technology that enables the secure creation, management, distribution and promotion of digital content on the Internet. A very early implementation of 7 www.whiteblacklegal.co.in ISSN: 2581-8503 DRM was the Software Service System (SSS) devised by the Japanese engineer Ryoichi Mori in 1983. MISSION OF DRM: Protect rights of digital media producers while enabling access for fair use, rant exclusive rights in exchange for disclosure. Reality: DRM is just protection technology, and is fast eroding our rights of fair use 1. may never be able to reuse parts of any digital content 2. hinders progress of science and the useful arts LAWS REGARDING DRM: Digital rights management systems have received some international legal backing by implementation of the 1996 WIPO Copyright Treaty (WCT). The WIPO Copyright Treaty (WCT) is a special agreement under the Berne Convention which deals with the protection of works and the rights of their authors in the digital environment.