Protection of Multimedia Work in Cyberspace

Today multimedia is a very vast term and a topic of debate and discussion. Multimedia works and include text, still images, video footage, animation, audio etc. Again it can be divided into two broad categories, non-interactive and interactive multimedia. Interactive multimedia includes video games and other things which require human interaction in order to perform.
As the use of Internet for various purposes is increasing day by day, at the same time new issues are also emerging with it. One of the main concerns in the cyberspace is that how to protect the work of a copyright owner in digital environment where anyone can access it. As the cyber crimes are also increasing, we need to thing and find a way to protect our works from infringement.
 To understand the protection of multimedia works in cyberspace, first we have to understand, what a multimedia work is and how it can be protected under the copyright act and then we will see how to protect it in cyberspace.

What is a multimedia work?
Multimedia work is the work which evolves more than one form of communication. Like it would consist text as well as images, sound and other things. Multimedia work has not been defined in the copyright act so let us look at the dictionary meaning of the multimedia[1].
  • (Of art, education, etc.) Using more than one medium of expression or communication.
  • (Of computer applications) incorporating audio and video, especially interactively: multimedia applications
So as described above multimedia work is a combination of two or more types of works like text, audio, video, images etc.

Copyright protection for multimedia work.
Now we know that multimedia work consist of more than one type of work, so a question arise that where should be multimedia work copyrighted or in which domain does multimedia work should subsist copyright? Will it be copyrighted under literary work, cinematograph film, sound recording, artistic work, dramatic work or musical work?
In my views multimedia work could be protected under two categories after going through the case of Sega Enterprises Ltd v Galaxy Electronics Pty Ltd (1996)[2]. First, Cinematograph film and second under computer programs. Let’s look at the definitions given of the two in copyright act.
2(f) "cinematograph film" means any work of visual recording and includes a sound recording accompanying such visual recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films;
2(ffc) "computer programme" means a set of instructions expressed in words, codes, schemes or in any other form, including a machine readable medium, capable of causing a computer to perform a particular task or achieve a particular result;

Protection of multimedia works in cyberspace.
As we know the internet is a global platform with its reach to all over the world. Anyone who has the access to internet can get any information available on the internet. Now days the most challenging work is to protect the copyrighted work in cyberspace as to protect the interest of authors and owners. People who have the sound knowledge of computers and internet can easily break into the system on the internet and can access and download the protected material.

Digital rights
Digital rights, is the ownership of information content published and distributed in electronic format, protected in the United States by copyright law. Digital rights management (DRM) uses technologies specifically designed to identify, secure , manage, track, and audit digital content, ideally in ways that ensure public access and preserve fair use

International Copyright Protections
International Copyright protection extended to works published outside a country's borders, so that the moral and economic interest of the author and the owner should be protected. There is a big issues related to it what we know as “Piracy”. Piracy is a crime in which user download or obtain unlawful or copies without the license of the software. These are the major issues which are protected under International Copyright Laws.

The Berne Convention
Berne Convention an international copyright agreement creating an International Union for the Protection of Literary and Artistic Works signed in Berne, Switzerland, in 1886, ratified in 1887 by several European countries and their colonies, and is administered by the World Intellectual Property Organization (WIPO). There are 164 signatory countries on this convention. To receive copyright protection under the Berne Convention, first publication of a work must occur in a member country. Works published in non-signatory nations receive protection if published simultaneously in a signatory nation. Protection is for the author’s lifetime plus 50 years, except for anonymous or pseudonym works and cinematographic works for which protection expires 50 years after the work has been made available to the public.

Digital Millennium Copyright Act, 1998
The Digital Millennium Copyright Act ("DMCA") of 1998 creates a balance between the interests of internet service providers and copyright owners when copyright infringement occurs in the digital environment. The DMCA protects internet service providers from liability for copyright infringement by their users, if the internet service provider meets certain statutory requirements. To fall within the protection of the DMCA, an internet service provider must, among other things, take certain steps when it receives notice that infringing material resides on its network; adopt and implement a policy that provides for termination in appropriate circumstances of users who are repeat infringers; and accommodate standard technical measures that are used by copyright owners to identify and protect copyrighted works. The DMCA protects only the internet service provider, and not the users of its system who infringe copyright.

Conclusion
As the world of cyberspace is growing and we will see a lot more changes in future, it is not possible to take preventive measures on what will happen. The protection of multimedia works in cyberspace is of course a grave concern but measure have been taken to handle this too. The ISP’s should remain in the Safe Harbor policy of DMCA in order to remain safe from the liabilities, where as it should be also the duty of users now to download and use pirated versions of software and as well as avoid downloading the infringed copies of copyrighted material no matter whether it is a multimedia work or not. 




[1] Oxford Advanced Learner's Dictionary 8th Edition, Published 2010.
[2] Sega Enterprises Ltd v Galaxy Electronics Pty Ltd (1996) 35 IPR 161

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