Does India Need Digital Rights Management Provisions or Better Digital Business Management Strategies?

Journal of Intellectual Property Rights, Vol.17, September 2012, pp 463-477

15 Pages Posted: 11 Jul 2012 Last revised: 28 Dec 2014

Arul George Scaria

National Law University Delhi

Date Written: May 28, 2012

Abstract

The Copyright (Amendment) Bill 2012, which was recently passed by the Indian Parliament, has introduced some digital rights management (DRM) provisions in the Indian Copyright law. While a comparative analysis of the new DRM provisions with similar legislation in the US and the EU shows a relatively better approach that reduces the detrimental effects posed by DRM provisions, the critical question that this study poses from a law and economics perspective is whether India really needs such legislation. The study argues that the new DRM provisions are against the interests of India for three major reasons. First, the legislature has adopted the legislation without engaging in a proper cost-benefit analysis of the DRM provisions in India. Second, the nature of piracy in India currently does not warrant such legislation. Third, the new DRM provisions will create a para-copyright regime, defeating some of the basic objectives of copyright protection. The study argues that the need of the time is better digital business management strategies and a better enforcement of the rights already guaranteed under the copyright law, rather than adoption of new DRM provisions under the copyright law.

Keywords: Piracy, DRM, WCT, WPPT, Anti-circumvention measures, Copyright (Amendment) Bill 2012, Copyright law, Contributory infringement, Indian film industry, Law and economics

Suggested Citation

Scaria, Arul George, Does India Need Digital Rights Management Provisions or Better Digital Business Management Strategies? (May 28, 2012). Journal of Intellectual Property Rights, Vol.17, September 2012, pp 463-477 . Available at SSRN: https://ssrn.com/abstract=2103350

Arul George Scaria (Contact Author)

National Law University Delhi ( email )

Sector 14 Dwarka
Dwarka
New Delhi, ND Delhi 110078
India

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