LIJDLR

ONLINE PIRACY AND ARTISTIC WORKS: ANALYSING INDIA’S COPYRIGHT FRAMEWORK IN THE DIGITAL AGE

Manisha Nath, LLM (IPR)/1year/2nd semester Student at Amity University Noida (India)

Dr. Bhavna Batra, Assistant Professor of Law at Amity University Noida (India)

The high growth rate of the digital technology has changed the way artwork is created, distributed and consumed in India. Although digital platforms have improved the accessibility and visibility of artists, they have also intensified the menace of online piracy. Photos, paintings, films, music and digital art, like other artistic works, are now easily replicated, distributed and misused without permission, resulting in significant financial loss and moral harm to artists. In this paper, the author discusses the nature of online piracy affecting artistic works and critically evaluates the suitability of the copyright system in India to meet the challenges of the digitalized world. The paper examines the boundaries of protection offered under the Copyright Act 1957 with specific reference to the rights of the copyright holders, the notion of infringement and the intermediaries. It considers the application of traditional principles of copyright to digital setting and points out the shortcomings that are presented by the technological complexity, anonymity of the violators and jurisdiction concerns. The judicial responses to online piracy are analyzed to see how the courts have tried to reconcile between the copyright owner interests and the freedom of speech and access to information. The rising adoption of website blocking injunctions and intermediary liability are indicators of an ever-expanding judicial acknowledgment of web piracy as a structural and not discrete crime. The effect of comparative legal approaches as well as international commitments of India through the world copyright treaties is also discussed in the paper. It draws out the conclusion that although the copyright system of India has been slowly adapting to the digital reality due to the changes in the copyright statutes and the creative use of the judicial process, the gaps in the enforcement quality and the reaction to the technological environment still exist. The research highlights the necessity to provide a more articulate statutory regulation, enhanced institutional structures and enhanced enlightenment to facilitate a successful and equitable safeguarding of artistic creations in the digital age.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 1, Page 1817–1834.
🔗 Creative Commons © Copyright
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License . © Authors, 2026. All rights reserved.