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.
