Minnila Priyadashini & S Dhatchayini, Sastra University
CHAPTER I: INTRODUCTION
1.1 Introduction
There is an increase in the number of digital works receiving copyright protection as a result of increased internet usage. As a result, there are now more instances of such copyrighted digital works being violated. The Technological Protection Measures (TPM) were used to protect those digital works that were copyrighted. However, users started bypassing those TPM, resulting in the need for a TPM countermeasure. The WIPO Performers and Phonograms Treaty (WPPT) and the WIPO Copyright Treaty (WCT) were the primary factors behind the passing of the Copyright (Amendment) Act in 2012. The Indian legislature has implemented legislative changes in accordance with the WIPO Internet Treaties even though India was not a signatory at the time the 2012 Amendment Act was passed. This is because the Indian legislature understood how important it was to align its laws with those of other countries in order to effectively protect those who own the copyrights to digital works. The Copyright (Amendment) Act, 2012 was introduced as a result. To ensure the effectiveness of the TPMs, section 65A of the 2012 Act contains provisions relating to anti-circumvention. The analysis of Section 65A of the 2012 Act is the sole focus of this research. The purpose of this study is to determine whether Section 65A need to have been incorporated into the Indian Copyright Act and whether it accomplished the goals for which it was claimed. This provision, though prohibits the circumvention of TPMs, it has no say on the trafficking in the circumvention of TPMs. So, the study will be mainly analysing the provision aiming to identify if there is a need to incorporate the prohibition of trafficking in the circumvention of the TPMs under section 65A of the 2012 Act.
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