Online Media Convergence And Intellectual Property Rights In OTT Platforms
- IJLLR Journal
- 2 hours ago
- 2 min read
Nazia Shabbir, LLM, Amity University, Noida
ABSTRACT:
The radicalization of the modern media environment, brought by the scalding development of Over-the-Top (OTT) solutions has brought the concept of broadcasting, telecommunication, and online content delivery into a single digital platform. This kind of convergence of technology has raised complex legal and regulatory issues, particularly with respect to the control of Intellectual Property Rights. OTTs are regulated in India in a fragmented regulatory environment which is a combination of the Copyright Act, 1957, the Information Technology Act, 2000, and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Despite the growing significance of the digital economy, the legal framework of the activity of these platforms is not clear.
OTT services may be involved in the content value chain in the digital environment in a number of ways. They generate original content, license copyright, distribute audiovisual media in multiple jurisdictions, as well as sometimes hosting user generated content. This complex position obscures the legal difference between intermediaries, publishers, and broadcasters. Moreover, despite the regulation of telecommunications companies in the context of the liberalization paradigm of the Indian Telegraph Act, 1885. OTT platforms seem to be mostly unregulated, which generates a gap in regulation.
This paper discusses two issues: the Convergence of Online Media and Intellectual Property Rights in the OTT industry in India. It explores the topic of the governance of copyright, intermediary liability, regulation of digital media, and how courts respond to piracy. In this paper, it is argued that India should have a coherent, convergence based regulatory approach which would provide a balance between protection of intellectual property, technological innovation, and freedom of expression.
Keywords: Online Media Convergence, OTT Platforms, Intellectual Property Rights, Intermediary Liability, Digital Media Regulation.
