Balancing Fair Dealing And Digital Rights Management Systems In The Digital Era

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Disha Patil, D.E.S’s Shri Navalmal Firodia Law College, Pune

ABSTRACT

This research article explores the complex interplay between the doctrine of fair dealing, as a statutory exception that is granted under the Indian Copyright Law and the operation of automated Digital Rights Management systems deployed by digital platforms. The digital era has revolutionized the creation, consumption and distribution of content, enabling individuals to share diverse perspectives through short excerpts from broadcasts, public discourse and other copyrighted works. Content creation, commentary and critique are increasingly regulated by algorithmic enforcement mechanisms. Copyright ensures a balance between incentivizing author’s creation and promoting public access to creative works, while also allowing for fair use of copyrighted works under Section 52 of The Copyright Act, 1957. However, the proliferation of user generated content on digital platforms has blurred traditional lines, making it challenging to determine what constitutes fair use. The article also examines the complexities due to the evolving landscape of digital media in safeguarding intellectual property, balancing user rights and implementing effective technological protections.

Keywords: Fair dealing, Digital Rights Management systems, Intellectual Property Rights, Copyright.

BALANCING FAIR DEALING AND DIGITAL RIGHTS MANAGEMENT SYSTEMS IN THE DIGITAL ERA.pdf

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