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Reforming IP Law For The Digital Age: A Critical Study Of Legal Responses To Online Content Piracy




Gauri S, Amity University, Noida


ABSTRACT


The fast expansion of digital technologies and the distribution of online media have changed content creation, consumption, and dissemination in a major way and at the same time made piracy in the online world even more difficult to control. This dissertation presents a thorough critique of the present laws on intellectual property (IP) and their effectiveness in dealing with the problem of piracy of online content, as well as the need for legal reform in the digital age. The study starts with discussing the traditional copyright barriers and points out the inadequacies of the laws that were made for physical media and their slow response to cope with the online infringement that is instantaneous, global, and anonymous.


The investigation investigates various legal means, such as copyright enforcement provisions, anti-circumvention measures, safe-harbour rules for intermediaries, and judicial remedies, and assesses their sufficiency in the fight against piracy and digital content protection. It reviews landmark court decisions and legislative progress, as well as international treaties like the WIPO Internet Treaties, and explores how they have affected the setup of national legal systems. Online intermediaries, digital rights management (DRM) technologies, and notice-and-takedown procedures are highlighted, as well as the increasing conflict between user rights, freedom of expression, and strict enforcement models.


This dissertation consists of doctrinal research, comparative analysis, and policy review that led to the identification of the gaps and inconsistencies in the regulation of online piracy. It advocates for a modernised, technologically responsive IP framework that caters to the interests of the creators, consumers, and digital platforms alike. The study ends by making recommendations that target the enhancement of cross-border enforcement, the strengthening of intermediary accountability, and the promotion of innovative, user-centric approaches to digital content protection.


Keywords: Intellectual Property, Online Infringement, Piracy, Digital Rights Management, WIPO



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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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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