Intellectual Property Rights in Digital Environment

IARJSET, 2021

The advent of the internet and advancement in technologies in the twentieth century raised a completely new set of challenges to the copyright domain. The digitization of content has brought about an astonishing increase in the distribution of unauthorised copyrighted works and has caused a tremendous impact on copyright law. Now that most forms of content are in digital format and are globally accessible, hence the need to protect the interest of the authors have risen over the decade. The paper reflects upon the copyright issues faced in the digital era which have been left unacknowledged. Further, this paper deliberates and analyses the problems faced by copyright holders due to circumvention of laws by people to access content illegitimately and also looking at judicial responses in the digital era which has been unaddressed. The paper concludes with some solutions and ideas that could be useful for regulating digital copyright infringement.

Ekonomika, 2019

The use of information communication technologies as well as massive use of digital tools has influenced the daily activities of people. One of the most obvious indicators of rapid technological development is certainly the amount of information available in digital form. As a result of the use of digital tools and the Internet, a cyber space was created, which is the largest source of information. A variety of digital content is available to users of cyber space. In addition to content that is publicly available and can be used without any restrictions at the same time, a large percentage of digital information is protected by intellectual property rights and copyright and related rights. Beside aforementioned mechanisms for the protection of digital content, there is an evident increase in the number of copyright abuses. Abuse of copyright works causes huge economic damage to the authors of works as well as organizations. The aim of this paper is to analyze the current state of implementation of intellectual property protection mechanisms in the cyber space with a special emphasis on the application of these mechanisms in the Republic of Serbia. Mechanisms for the protection of intellectual property are examined through the domain of application of information communication technologies, legal aspects and registered abuses. At the same time, registered abuses were analyzed from the economic point of view both from the angle of the author of the work and from the perspective of the person who misused the subject work.

2018

The authors of this book are convinced that participants of the planned course will get familiarized with the practice-oriented, analytical aspects of copyright hot topics. The comparative legal aspect allows the students to understand the major differences between the common law and the continental legal systems in order to study or criticize the different legal solutions. This approach will help the students to use European, American and international copyright law rules in their future career at law firms or at courts, and to undertake independent research on the subject, using both traditional and internet resources.

In last two decades due to rapid growth in computer and communication technology and its application in information generation and processing has changed the whole scenario of present academic environment and it create a lot of challenges to academi-cians with regards 10 protect their intellectuals output. The emergence of digital library, instittttional repository and open access movement, put intellectual OUlpUTof academicians on web. Jill one way this digital movements arefacilttating the whole academic community to make available of huge amount of information resources 011 public domain and any one can use these resources/or their academic purpose but now many case has been reported about violation of II'R and piracy and it is damaging 0111' academic environment like anything. There/ore, there should be a proper policy 10 protect the intellectual output of academician. Governments II)' to protect these intellectual rig/us through different laws under IPR. This paper is briefly discuss the meaning, defini-tion& type of1PR and discuss copyright laws ill details and its protection in digital environment because this law provides a legal rights to academicians to protect their intellectual output. Fur/her it is also discuss about fair use of info row/ion for the education, learning and research purpose.

The digitalization of copyrighted works including text, music and video has dramatically increased the efficiency of unauthorized copying. Providing legal protection against the copyright infringement has been an issue nowadays. Although there are consistencies among nations' intellectual property laws, each jurisdiction has separate and distinct laws and regulations about copyright. Overprotection of copyright could threaten democratic traditions and impact on social justice principles by unreasonably restricting access to information and knowledge. If copyright protection is too strong, competition, innovation and creativity is restricted. A balance between the interests of copyright owners in receiving fair reward for their efforts and the interests of copyright users in receiving reasonable access to copyright materials should be maintained. The paper discusses and compares different solutions and approaches to the issue of reducing the digital copyright infringement without restricting the innovation and creativity.

2012

The phenomenon of breaching the intellectual rights is one of a big interest in these days. The computers and the development of software, also the explosion of Internet throughout the World give the posibility of an easy breach of the author rights. We analyse in the paper some situations which are many of them at the limit of the law, but present every day in our life.

2017

The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

Oxford University Press eBooks, 2020

For computer scientists, the most relevant part of copyright law concerns copyright on computer programs, or software. In this chapter, I will provide an introduction to the domain of intellectual property (IP) rights, of which copyright is one-important-example. Before zooming in to copyright on software, which is the enabling precondition for the General Public Licence (GPL) and the open source initiative, I will first investigate the position of IP law in the context of constitutional democracy and clarify that IP law is private law. In Chapter 2 we discussed the role of law and the rule of law as both constitutive and limitative. The constitutive role can be found in the ordering of an architecture that enables individuals to flourish in society, aiming for legal certainty, justice, and the purposiveness of the law. Part of this architecture is the creation of an incentive structure, such as an economic market, that stimulates transactions that in turn stimulate productivity in terms of products and services. The rule of law entails that the legal powers that constitute this architecture are simultaneously restricted, thus introducing the checks and balances of a fair and open economic market. The attribution of IP rights supposedly creates an incentive structure for the creation of works, technical inventions, trademarks, and designs. Because these rights provide both (1) control and (2) the ability to reap financial rewards for their authors or inventors, they incentivize the creation of these immaterial goods, which would otherwise not be protected. The reason is that if such control were not created by law, it would be very hard to protect one's work or invention other than by keeping it secret. Other than tangibles and real estate intellectual goods are neither rivalrous nor exclusionary; one person accessing a work does not imply that others can no longer access it, and one person applying an invention does not reduce the extent to which another person can apply it. 7.1 IP Law as Private Law 193 must be clear as to which property rights can be enforced against them. This requires some form of publicity. In the case of tangibles, this is achieved by way of possession, in the case of real estate and some IP rights, by way of registration.

2002

Digital technology is challenging traditional copyright principles. Despite suggestions from a number of commentators that copyright cannot survive the challenge, this thesis aims to demonstrate that copyright can evolve and adapt rather than face elimination. This hypothesis is tested and illustrated by means of an examination of law in conjunction with technology, and by means of concrete examples. Analysis of the author's position in the face of digital technology requires firstly, an investigation of the way in which the existence and exercise of the author's copyright itself is affected by such technology, and secondly, an examination of how the author's standing in relation to dissemination of works generally is concerned (e.g. as regards freedom of speech). It is with the first of these aspects that this thesis is mainly concerned, although, for the sake of a more comprehensive view, some considerations on the second aspect are also advanced. This thesis examines challenges raised in the copyright field by digital technology and the consequential problems in relation to classification of subject matter, identification of authors, fixation and reproduction, the criterion of originality, the meaning of publication, recognition of moral rights, recognition of economic rights, exceptions and limitations, liability of service providers, authenticity of works, infringement, feasibility of enforcement and conflict of laws. Broader issues relating to Government and private control of access to the new media are also analysed.