Disruptive (Technology) Law? Examining TPMs and Anti Circumvention Laws in the Copyright (Amendment) Act, 2012

Disruptive (Technology) Law? Examining TPMs and Anti Circumvention Laws in the Copyright (Amendment) Act, 2012

Volume 5 Issue 4 ()

This paper will explore in suitable depth, §65A which has introduced anticircumvention provisions into the Indian copyright law. It will begin with an introduction into the relevant terminology and scope of DRMs, TPMs and RMIs, and the typical issues associated with the introduction of anti-circumvention laws. After identifying and examining these issues, this paper will undertake a legal analysis of the problematic phrases in §65A, namely, ‘effective’, ‘purpose not expressly prohibited’, ‘intention’ etc; and examine whether the Copyright (Amendment) Act, 2012 suitably addresses the issues that typically arise from the introduction of anti-circumvention laws. Next, the liability regime itself and the wisdom in introducing criminal penalties as opposed to civil statutory damages (paid to copyright owners) are discussed. This is followed by examining the politics associated with the Amendment including the lack of any international obligation to enact the same. Further, pressure groups and representations made by different stakeholders in the Standing Committee Report are given due consideration to understand the differing interests at stake. Finally, the paper undertakes an analysis of whether the balancing act sought to be achieved between industry and consumer interests has been realised through this Amendment

Cite as: Swaraj Paul Barooah, Disruptive (Technology) Law? Examining TPMs and Anti Circumvention Laws in the Copyright (Amendment) Act, 2012, 5 NUJS L. Rev. 583 (2012)