Introduction
The digital revolution has completely transformed the way creative works are produced, shared, and consumed. From software programs and online databases to video games and AI-generated art, digital content has become an inseparable part of modern life. While this growth has encouraged innovation and accessibility, it has also raised serious concerns regarding copyright protection. The law is now faced with the challenge of balancing creators’ rights with technological advancement.
Copyright Protection of Computer Programmes
In India, computer programmes enjoy clear copyright protection. The Copyright Act, 1957 expressly recognizes computer programmes as “literary works” under Section 2(o). This means that both source code (written by programmers) and object code (machine-readable form) are protected.
However, copyright does not protect everything related to software. The law draws a clear distinction between ideas and expression. While the actual code, structure, and original design elements are protected, the underlying ideas, algorithms, and functionalities are not. For example, two software programmes may perform the same function, but copyright is infringed only if the code or its unique structure is copied.
Courts also recognize the need for interoperability. In the famous case of Oracle v. Google, copying limited parts of software code to ensure compatibility was held to be fair use. This shows that copyright law does not aim to block technological progress.
With the rise of piracy and hacking, India has also introduced anti-circumvention provisions. Breaking Digital Rights Management (DRM) protections is now a punishable offence, reflecting the seriousness with which digital copyright is treated.
Copyright in Databases
Databases are another important form of digital work. Under Indian law, databases and compilations are protected only if they show originality in selection or arrangement. Mere collection of facts is not enough.
The Supreme Court, in Eastern Book Company v. D.B. Modak, clarified that copyright requires more than just hard work. There must be skill and judgment involved. For instance, creatively categorizing data or presenting it in a novel manner may attract protection, but simple alphabetical lists or raw data will not.
The key principle remains that facts themselves are free for everyone to use, but the creative way in which they are presented can be protected.
Multimedia Works and Video Games
Multimedia works such as films, web series, and video games are complex creations involving multiple copyrighted elements. Indian law protects cinematograph films as a separate category, covering the entire audio-visual work.
Video games, though not specifically defined, are protected through their individual components. The source code is protected as a literary work, graphics and characters as artistic works, music as musical works, and storyline as literary or dramatic works. This layered protection ensures that most aspects of a game are legally safeguarded.
Indian courts have also taken a strict view against piracy and hacking of gaming consoles. In Sony Computer Entertainment v. Harmeet Singh, the Delhi High Court restrained the sale of modchips used to bypass security systems, reinforcing protection for digital entertainment industries.
AI-Generated Works and Copyright Challenges
One of the most debated issues today is copyright in AI-generated content. Traditional copyright law is based on the idea of human authorship. Globally, courts have refused to recognize copyright where no human creativity is involved, as seen in cases like Naruto v. Slater.
Indian law does not yet directly address AI authorship. However, it refers to the “person who causes the work to be created” in certain situations. This has led to debates on whether the user of an AI tool, the developer, or no one at all should be considered the author.
Currently, the safer legal position is that human involvement is essential. If an AI tool is used merely as an aid and the user provides creative input, selection, or editing, copyright may exist in those human contributions. Purely autonomous AI-generated content remains a legal grey area.
Recent disputes, such as ANI v. OpenAI, highlight growing concerns about the use of copyrighted material for training AI systems. These cases indicate that copyright law will need urgent reform to address emerging technologies.
Conclusion
The digital world has expanded the scope of creativity but has also complicated copyright enforcement. Software, databases, multimedia works, and AI-generated content each pose unique legal challenges. Indian copyright law has evolved to address many of these issues, but rapid technological changes continue to test its limits.
Ultimately, the goal of copyright law in the digital age should be to protect creativity without stifling innovation. As technology advances, clearer legal frameworks and judicial interpretation will play a crucial role in maintaining this balance.
By: Mandeep Mudgal (Law Student)