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Copyright In The Digital Age: Challenges, Reforms, And The Way Forward




Aryan Asthana, LL.M., Amity Law School Dr. Shova Devi, Amity Law School


ABSTRACT


This research paper explores the evolving dimensions of copyright law in the digital era, with a particular emphasis on the multifaceted challenges and emerging opportunities presented by rapid technological advancements. Authored by Aryan Asthana, a postgraduate student of LL.M. at Amity University (Amity Law School) (Enrollment No. A8101824024), under the esteemed supervision of Dr. Shova Devi, this study undertakes a comprehensive inquiry into the fundamental legal principles, legislative frameworks, and judicial interpretations that govern copyright law both within India and on the global stage.


In an age where digital platforms have become the primary medium for content creation, distribution, and consumption, traditional notions of copyright are being tested like never before. This paper investigates the critical tension that exists between the protection of creators’ intellectual property rights and the public’s right to access knowledge, particularly in contexts shaped by internet proliferation, online content sharing, artificial intelligence, and user-generated content. The study evaluates how digital tools have facilitated mass reproduction and dissemination of creative works, thereby necessitating a re-evaluation of the scope, enforcement, and exceptions within the copyright regime.


The research adopts a doctrinal and comparative legal methodology, drawing on domestic statutes such as the Copyright Act, 1957 (as amended), international treaties including the Berne Convention and TRIPS Agreement, as well as case laws from Indian and foreign jurisdictions. Particular attention is paid to landmark Indian judicial decisions that have redefined concepts such as originality, fair dealing, transformative use, and intermediary liability in the context of digital copyright infringement.


Additionally, the paper critically examines policy developments, including the role of statutory licensing in digital broadcasting, the implications of blockchain for rights management, and the treatment of AI-generated works under current legal frameworks. By identifying doctrinal inconsistencies and regulatory gaps, the study proposes practical recommendations aimed at fostering a more adaptive, equitable, and forward-looking copyright system.




Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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