Submitted:
26 June 2025
Posted:
30 June 2025
You are already at the latest version
Abstract
Digital transformation has fundamentally altered how content is created, distributed, and accessed, posing significant challenges to India's traditional copyright framework. This paper critically examines the evolving landscape of copyright law in India, with a specific focus on academic use, fair dealing provisions, and the role of emerging technologies like AI and blockchain. Through a doctrinal and comparative analysis, it highlights the inadequacies of existing legal provisions in accommodating the realities of digital content, especially in educational contexts. The research draws upon landmark judgments, legislative developments, and international obligations to evaluate the effectiveness of current legal mechanisms. It advocates for a more flexible, equitable, and technologically adaptive copyright regime that balances the rights of creators with the public’s right to access knowledge. The study concludes with policy recommendations to enhance fair use, promote open educational resources, and integrate digital rights management in a manner that fosters innovation without compromising legal safeguards.
Keywords:
digital transformation
; copyright law
; fair dealing
; India
; educational use
; AI and copyright
; blockchain
; open access
; DRM
; legal reform
Introduction
Digital transformation has revolutionized how content is created, distributed, and consumed, posing significant challenges to traditional copyright frameworks. In India, this transformation has necessitated a reevaluation of copyright law, particularly in areas such as academic use and fair dealing provisions. The interplay between digital technologies and copyright law has become a focal point for policymakers, educators, and legal scholars, as the balance between protecting intellectual property and fostering access to knowledge grows increasingly complex.
The Impact of Digital Transformation on Copyright Law in India
The advent of digital technologies has reshaped the landscape of copyright law in India. The proliferation of digital libraries, e-learning platforms, and online content sharing has raised critical questions about the adequacy of existing copyright provisions. For instance, the COVID-19 pandemic accelerated the adoption of digital libraries, highlighting the need for clearer guidelines on digital lending and reproduction rights (Chaturvedi, n.d.). Similarly, the widespread use of information and communication technologies (ICTs) in education has underscored the limitations of current fair dealing provisions, which are often deemed too narrow to accommodate the demands of the digital era (Prasad & Aggarwal, 2015).
Academic Use and Copyright Law in India
Academic use of copyrighted material is a critical area where the tension between copyright protection and access to knowledge is most pronounced. In India, the Copyright Act, 1957, provides specific exceptions for educational purposes, such as fair dealing for research, private study, and instruction. However, these provisions have been criticized for their ambiguity and inadequacy in addressing the challenges posed by digital technologies. For example, the Act does not explicitly address whether digital reproduction of copyrighted works for educational purposes is permissible, leading to uncertainty among educators and researchers (Dass, 2017).
The Delhi High Court's decision in the University of Oxford case (2016) is a landmark judgment that addressed the issue of photocopying copyrighted materials for educational purposes. The court ruled that the reproduction of copyrighted works for educational purposes, such as photocopying chapters from textbooks, does not infringe copyright as it falls under the purview of fair dealing. This judgment has been instrumental in shaping the discourse on copyright and education in India, emphasizing the importance of balancing copyright protection with public interest (Gupta, 2017).
Fair Dealing Provisions in Indian Copyright Law
Fair dealing is a key exception under Indian copyright law that permits the use of copyrighted works without infringement under specific circumstances. The Copyright Act, 1957, outlines fair dealing provisions for purposes such as criticism, review, and private study. However, these provisions have been criticized for their narrow scope and lack of clarity, particularly in the context of digital technologies. For instance, the Act does not provide clear guidelines on the extent to which digital reproduction of copyrighted works for educational purposes is permissible, leading to confusion among educators and researchers (Prasad & Aggarwal, 2015).
The fair dealing provisions in Indian copyright law have been compared to the fair use doctrine in U.S. copyright law, with some scholars arguing that the latter provides greater flexibility and adaptability to new technologies. While fair dealing is often characterized as a more restrictive framework, recent judicial decisions in India have demonstrated a willingness to interpret fair dealing provisions more expansively, particularly in cases involving educational and research uses (Zhang, 2024).
Objectives and Scope of Research Papers
The research papers provided offer a comprehensive analysis of the interplay between digital transformation, copyright law, and academic use in India. The primary objectives of these papers can be summarized as follows:
- 1.
- Analyzing the Adequacy of Fair Dealing Provisions: Several papers examine the adequacy of fair dealing provisions in addressing the challenges posed by digital technologies. These papers argue that the current provisions are too narrow and fail to provide sufficient guidance on issues such as digital reproduction and distribution of copyrighted works for educational purposes (Prasad & Aggarwal, 2015) (Dass, 2017).
- •
- Evaluating the Impact of Digital Transformation on Copyright Law: The papers explore the impact of digital transformation on copyright law, with a particular focus on the challenges posed by digital libraries, e-learning platforms, and online content sharing. They highlight the need for legal reforms to address these challenges and ensure that copyright law remains relevant in the digital age (Chaturvedi, n.d.) (Meena, 2023). The impact of digital transformation on various sectors, particularly education, and to assess the adequacy of current copyright laws in supporting this transformation (Prasad & Aggarwal, 2015) (Kaushik et al., n.d.).
- 2.
- Assessing the Balance Between Copyright Protection and Public Interest: A key theme across the papers is the need to strike a balance between copyright protection and public interest. The papers argue that copyright law should not only protect the rights of creators but also ensure that access to knowledge is not unduly restricted, particularly in the context of education and research (Gupta, 2017) (“Copyright, Culture and Contemporary Debates: A Jurisprudential Analysis of Fair Dealing in India,” 2023).
- 3.
- Examining International Obligations and Comparative Perspectives: Some papers adopt a comparative approach, examining the copyright frameworks of other jurisdictions, such as the United States, and drawing lessons for India. They also explore India's international obligations under treaties such as the Berne Convention and the TRIPS Agreement (Saraswat & Chaturvedi, 2017) (Majekolagbe & Priora, 2024).
- 4.
- Proposing Reforms and Policy Recommendations: Finally, the papers propose various reforms and policy recommendations to address the challenges posed by digital transformation. These include amendments to the Copyright Act, 1957, to introduce more flexible exceptions for digital uses, as well as the adoption of digital rights management systems to balance the interests of creators and users (Thomas, 2012) (Nagpal, 2017).
Methodology
- Research methodologies in this field often involve mixed-methods approaches, combining qualitative legal analysis with quantitative data from surveys and case studies to assess the impact of digital transformation and the effectiveness of copyright laws (Haspada, 2024).
Comparative Analysis of Fair Dealing and Fair Use
The distinction between fair dealing and fair use is a critical issue in copyright law, with significant implications for academic use and digital transformation. Fair dealing is generally characterized as a more restrictive framework, with specific exceptions outlined in the statute. In contrast, fair use is a more flexible doctrine that allows for a broader range of uses, subject to a balancing test that considers factors such as the purpose and nature of the use, the amount and substantiality of the portion used, and the market effect (Zhang, 2024) (Saw, 2023).
The following table provides a comparative analysis of fair dealing and fair use:
| Aspect | Fair Dealing (India) | Fair Use (United States) |
| Statutory Framework | Narrow and specific exceptions outlined in the Copyright Act, 1957. | Broader and more flexible framework under Section 107 of the U.S. Copyright Act. |
| Scope of Exceptions | Limited to specific purposes such as criticism, review, and private study. | Applies to a wider range of purposes, including parody, news reporting, and education. |
| Judicial Interpretation | Judicial decisions have demonstrated a willingness to interpret provisions expansively. | The doctrine is highly fact-specific, with courts applying a balancing test. |
| Digital Applications | The provisions are often criticized for their lack of clarity in the digital context. | The doctrine has been applied to a wide range of digital uses, including file-sharing and online content. |
The influence of digital transformation on copyright law in India is a complex and evolving issue that requires careful consideration of the interplay between technological advancements, legal frameworks, and public interest. The research papers provided offer valuable insights into the challenges and opportunities posed by this transformation, particularly in the context of academic use and fair dealing provisions. By examining the objectives and scope of these papers, it is evident that the primary focus is on achieving a balance between copyright protection and access to knowledge, with a particular emphasis on the need for legal reforms and policy recommendations to address the challenges of the digital age.
Copyright and Digital Transformation in India
Digital transformation in India is a multifaceted process that involves the integration of digital technologies into various sectors, including education, governance, and law. This transformation is driven by the need to enhance efficiency, accessibility, and innovation across these domains. The evolution of Indian copyright law plays a crucial role in this context, particularly in balancing the rights of creators with the need for public access to information and educational resources. The significance of fair dealing in academic contexts is underscored by the challenges and opportunities presented by digital transformation. This response will explore the dimensions of digital transformation, the evolution of Indian copyright law, and the importance of fair dealing in education.
Digital Transformation and Its Dimensions
Defining Digital Transformation
- Digital transformation refers to the integration of digital technology into all areas of a business or sector, fundamentally changing how they operate and deliver value to customers. In India, this includes initiatives like the Digital India program, which aims to enhance digital infrastructure and services across the country (Tiwari et al., 2023).
- Key components of digital transformation include digitization, the use of online platforms, artificial intelligence (AI), and e-learning. These elements are crucial in reshaping sectors such as education, where digital media and online learning platforms are increasingly used to enhance student engagement and learning outcomes (Kaushik et al., n.d.).
Impact on Education
- Digital transformation in education involves the use of digital tools and platforms to improve teaching and learning processes. This includes the use of video lectures, online courses, and digital resources to make education more accessible and engaging (Kaushik et al., n.d.).
- The National Institute of Open Schooling (NIOS) in India exemplifies the use of digital transformation to promote equity, inclusion, and accessibility in education, leveraging technology to streamline administrative processes and enhance learning experiences (Singh & Singh, 2024).
Evolution of Indian Copyright Law
Changes and Challenges
The Copyright Amendment Act of 2012 brought significant changes to Indian copyright law, aligning it with international treaties and introducing provisions to support fair use in the digital era (Thomas, 2012). Despite these amendments, challenges remain in balancing the protection of creators' rights with the need for public access to educational resources. The current fair dealing provisions are considered too narrow to adequately support educational needs in the digital age (Prasad & Aggarwal, 2015).
Fair Dealing in Academic Contexts
Fair dealing is a legal doctrine that allows limited use of copyrighted material without permission from the rights holder, primarily for purposes such as research, education, and criticism. In India, the scope of fair dealing is limited compared to the broader fair use doctrine in countries like the United States (Prasad & Aggarwal, 2015). The narrow scope of fair dealing in India poses challenges for educators and students who rely on digital resources for learning. There is a call for reform to expand the scope of fair dealing to better support educational needs in the digital era (Prasad & Aggarwal, 2015).
While digital transformation offers significant opportunities for enhancing education and other sectors, it also presents challenges that need to be addressed through legal and policy reforms. The evolution of Indian copyright law and the significance of fair dealing in academic contexts are critical areas that require ongoing attention to ensure that the benefits of digital transformation are fully realized. Balancing the rights of creators with the need for public access to information is essential for fostering innovation and inclusivity in the digital age.
Digital Transformation in Indian Education
Digital transformation in India has significantly impacted the educational sector, driven by the growth of digital infrastructure and the integration of technology in academic content creation and dissemination. The Indian government's initiatives, such as Digital India, have played a crucial role in enhancing internet penetration and promoting digital education platforms, which have become essential, especially during the COVID-19 pandemic. This transformation has not only facilitated access to education but also reshaped pedagogical approaches and content delivery, empowering both educators and learners. The following sections delve into the growth of digital infrastructure and the role of technology in academic content creation and dissemination in India.
Growth of Digital Infrastructure
- Internet Penetration: The Digital India initiative, launched in 2015, has been pivotal in expanding internet connectivity across the country, aiming to bridge the digital divide between urban and rural areas (Gahlot & Rani, 2024) (- & -, 2024). This expansion has enabled more students and educators to access online educational resources and platforms.
- E-Education Platforms: The rise of e-education platforms has been accelerated by the pandemic, with many schools and universities adopting online learning methods. This shift has been supported by government policies and initiatives that promote digital literacy and infrastructure development (Bhatia, 2024) (Singh & Singh, 2024).
- Government Initiatives: Programs like Bharat Net and Aadhaar have further facilitated digital inclusion, ensuring that even remote areas have access to digital education resources (Singh & Singh, 2024).
Role of Technology in Academic Content Creation and Dissemination
- Digital Tools and Platforms: The integration of digital tools such as video lectures, learning management systems, and interactive platforms has enhanced student engagement and learning outcomes (Kaushik et al., n.d.). These tools have allowed for more dynamic and interactive learning experiences, which are crucial for effective education.
- Content Delivery and Pedagogy: Digital transformation has led to a shift in pedagogical approaches, with a focus on technology-enhanced teaching methods. This includes the use of AI, IoT, and augmented reality to create immersive learning environments (Suryavanshi et al., 2023).
- Empowerment and Inclusivity: Digital platforms have empowered students by providing more opportunities for collaborative and adaptive learning. They have also played a role in bridging educational disparities by making resources more accessible to diverse student populations (Kumar & Shobana, 2024).
Challenges and Considerations
While digital transformation has brought numerous benefits to the Indian education sector, it also presents challenges. Issues such as unequal access to technology, connectivity problems, and the need for teacher training and digital literacy improvements remain significant hurdles (Kaushik et al., n.d.). Additionally, there is a need for sustainable digital practices and robust policies to maximize the benefits of digital transformation while addressing these challenges (Gahlot & Rani, 2024). The focus should be on creating an inclusive and equitable digital education system that caters to the needs of all learners, regardless of their socio-economic background (Singh & Singh, 2024).
In conclusion, digital transformation in India has significantly advanced the educational landscape by enhancing digital infrastructure and integrating technology into academic content creation and dissemination. However, to fully realize the potential of digital education, it is crucial to address the existing challenges and ensure that digital initiatives are inclusive and equitable. This requires coordinated efforts from the government, educational institutions, and other stakeholders to create a sustainable and accessible digital education ecosystem.
Digital Transformation and the Future of Copyright
Digital transformation has significantly impacted traditional copyright frameworks, presenting challenges such as accessibility, piracy, and content reproduction. The shift to digital has made it easier to distribute and reproduce content, complicating the enforcement of copyright laws. This transformation has necessitated adaptations in legal frameworks to address the new realities of digital content distribution and protection. The following sections explore these challenges and their implications for traditional copyright frameworks.
Accessibility and Content Reproduction
Digital transformation has increased the accessibility of copyrighted content, allowing for easier reproduction and distribution. This has led to challenges in maintaining control over copyrighted works, as digital formats can be easily copied and shared without authorization (Varian, 2005) (Beldiman & Beldiman, 2005). The ease of converting older content into digital formats further complicates the enforcement of copyright laws, as it blurs the lines between original and reproduced works (Varian, 2005). The introduction of digital rights management (DRM) technologies aims to control access and use of digital content, but these measures can be circumvented, highlighting the limitations of traditional copyright protections in the digital age (Beldiman & Beldiman, 2005).
Piracy and Copyright Infringement
Digital piracy remains a significant challenge, with unauthorized distribution of music, films, and other digital content causing substantial economic losses for rightsholders (Varian, 2005) (Nandini, 2017). The global nature of the internet complicates enforcement, as content can be distributed across borders, making it difficult to apply national copyright laws effectively (Vargas & Torres, 2024). Legal frameworks have evolved to include anti-circumvention laws and criminalization of copyright infringement, aiming to deter piracy and protect intellectual property rights (Nandini, 2017).
Impact on Traditional Copyright Frameworks
Traditional copyright laws, designed for a pre-digital era, struggle to address the complexities of digital content distribution. The territorial nature of these laws is at odds with the global reach of the internet (Beldiman & Beldiman, 2005). Efforts to harmonize international copyright standards, such as the WIPO Treaties, aim to create a more cohesive legal framework for digital content protection (Vargas & Torres, 2024). The balance between protecting copyright holders and ensuring public access to information is increasingly difficult to maintain, as digital protections can restrict legitimate uses of content, such as educational and library access (Shrayberg & Volkova, 2021) (Shtanko, 2024).
While digital transformation poses significant challenges to traditional copyright frameworks, it also offers opportunities for innovation in content distribution and consumption. New business models, such as subscription services and collaborative platforms, have emerged, providing alternative ways to monetize digital content while respecting copyright laws (Varian, 2005). Additionally, the digital age has democratized access to information, allowing for greater public engagement with cultural and educational materials. However, this increased access must be balanced with the rights of content creators and the need for sustainable economic models in the creative industries. As digital transformation continues to evolve, ongoing dialogue and adaptation of legal frameworks will be essential to address these complex issues.
Evolution of Indian Copyright Law
The Indian Copyright Act of 1957 is a cornerstone of intellectual property law in India, providing a comprehensive framework for the protection of creative works. Over the years, the Act has evolved to address the challenges posed by technological advancements, particularly in the digital realm. This evolution has been marked by significant amendments, most notably the Copyright Amendment Act of 2012, which aimed to align Indian law with international standards and address the complexities of digital content protection. The Act outlines the rights of copyright holders and the scope of protection for digital works, balancing the interests of creators and the public.
Historical Development and Evolution of the Copyright Act, 1957
The Copyright Act of 1957 was established to provide a legal framework for the protection of literary, artistic, and musical works in India. It was designed to recognize and enforce the rights of creators while ensuring public access to creative works (Choudhary, 2024). Over time, the Act has been amended to address new forms of creative expression and technological advancements. The 2012 Amendment was particularly significant, as it introduced provisions to protect digital content and comply with international treaties such as the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) (Thomas, 2012).
Key Amendments Relevant to Digital Content
The 2012 Amendment Act introduced technological protection measures to safeguard digital content, ensuring that copyright holders could protect their works in the digital environment (Ashok, 2014). The amendments also included provisions for fair use in the digital era, allowing for certain uses of copyrighted material without infringement, thus maintaining a balance between the rights of creators and the public interest (Thomas, 2012). The Act now includes specific rights for performers and special provisions for disabled individuals, enhancing the scope of protection and accessibility of copyrighted works (Thomas, 2012).
Core Provisions of the Copyright Act
Rights of Copyright Holders
Copyright holders are granted exclusive rights to reproduce, distribute, and perform their works. These rights are automatically conferred upon creation, although registration is recommended for legal disputes (Marakkar, 2024). The Act covers a wide range of works, including literary, artistic, musical, and digital creations, ensuring comprehensive protection for creators (Jilova, 2023).
Scope of Protection for Digital Works
The protection of digital content is a critical aspect of the Act, with measures in place to prevent unauthorized reproduction and distribution of digital works (Hesu & Gupta, 2023). Digital Rights Management (DRM) systems have been introduced to control access and usage of digital content, although these measures must balance the rights of copyright holders with public interest considerations (Nagpal, 2017). The Act's provisions are designed to address the challenges of digital piracy and unauthorized use, providing a legal framework for the enforcement of digital rights (Saraswat & Chaturvedi, 2017).
While the Indian Copyright Act has made significant strides in adapting to the digital age, challenges remain in balancing the rights of copyright holders with public access to creative works. The introduction of technological protection measures and DRM systems has sparked debate over their impact on freedom of expression and fair use. As digital content continues to evolve, ongoing amendments and judicial interpretations will be necessary to ensure that the Act remains relevant and effective in protecting both creators and consumers.
Fair Dealing in the Digital Era
The fair dealing provisions in India's Copyright Act, 1957, particularly Section 52, are designed to allow limited use of copyrighted material without permission from the copyright holder, primarily for purposes such as private study, research, criticism, and review. However, these provisions are often criticized for being too narrow, especially in the context of academic and educational use, which is increasingly reliant on digital content. The digital transformation has further complicated copyright law, presenting challenges such as digital piracy and issues with digital rights management (DRM). This response explores these aspects in detail, drawing from various academic perspectives.
Fair Dealing Provisions in India
Section 52 of the Indian Copyright Act, 1957, outlines specific exceptions to copyright infringement, allowing for fair dealing in the context of private study, research, and education. However, these provisions are considered inadequate for the digital age, where educational needs have expanded significantly (Prasad & Aggarwal, 2015). The current provisions do not sufficiently address the needs of digital education, which requires more flexible and broader exceptions to facilitate e-learning and access to digital content (Liang, 2010).
Impact of Digital Transformation on Copyright Law
The digital transformation has led to a significant increase in the use of digital content in education, necessitating a reevaluation of copyright laws to accommodate new forms of content sharing and creation (Noller, 2025). The rise of online educational platforms and user-generated content has highlighted the limitations of existing copyright frameworks, which were not designed to handle the complexities of digital content distribution (Meyers, 2022).
Challenges to Copyright Enforcement
Digital piracy remains a significant challenge, with a substantial portion of global internet traffic involved in infringing intellectual property rights (IPRs) (Gloglo, 2013). The enforcement of copyright in the digital age is complicated by the global nature of the internet and the ease with which digital content can be copied and distributed without authorization (Gloglo, 2013).
Issues with Digital Rights Management (DRM)
DRM technologies are employed to prevent unauthorized use of digital content, but they often face criticism for being overly restrictive and hindering legitimate educational use (Wahid, 2011). The balance between protecting copyright holders' rights and allowing fair use for educational purposes is a contentious issue, with calls for more liberal interpretations of fair dealing to support educational access (Wahid, 2011).
While the current fair dealing provisions in India are seen as inadequate for the digital era, there is a broader debate about the need for more flexible copyright laws that can accommodate the rapid changes in technology and education. Some scholars argue for a shift towards a fair use doctrine, similar to that in Canada, which could provide more leeway for educational use of copyrighted materials (Prasad & Aggarwal, 2015). Additionally, the challenges of digital piracy and DRM highlight the need for innovative solutions that protect creators' rights while facilitating access to knowledge.
OER, Digital Libraries, and Copyright Challenges
The digital era has revolutionized academic use through e-learning platforms, open educational resources (OER), and digital libraries, offering unprecedented access to educational materials. However, this transformation has also led to conflicts between copyright protection and academic access. The tension arises from the need to balance the rights of content creators with the educational community's demand for accessible resources. This conflict is particularly pronounced in the context of OER, which are designed to be freely accessible and modifiable, yet often clash with traditional copyright frameworks. The following sections explore the benefits and challenges of OER, the role of digital libraries, and the complexities of copyright in the digital age.
Benefits and Challenges of OER
- Expanded Access and Cost Reduction: OER provide free access to a wide range of educational materials, reducing costs for students and institutions. They support lifelong learning and enhance educational outcomes by making high-quality resources available to a broader audience (Gisip et al., 2024) (Adil et al., 2022).
- Pedagogical Innovation: The flexibility of OER allows educators to adapt and remix content to suit specific teaching needs, fostering innovative teaching practices and collaborative learning environments (Bliss & Tuiloma, n.d.).
- Challenges: Despite their benefits, OER face challenges such as quality assurance, lack of awareness about copyright issues, and technological limitations. Educators often struggle with finding appropriate resources and understanding the legal implications of using OER (Adil et al., 2022) (Mondal, 2019).
Role of Digital Libraries
- Access and Preservation: Digital libraries play a crucial role in providing access to a vast array of resources while preserving them for future use. They serve as intermediaries between information sources and users, helping navigate copyright complexities (Muriel-Torrado & Fernández-Molina, 2014) (Geiger, 2011).
- Support for Educators and Students: University libraries support the academic community by offering guidance on copyright issues and facilitating access to digital resources. They help educators and students understand and comply with copyright laws, which is essential in the digital learning environment (Muriel-Torrado & Fernández-Molina, 2014) (McCormick, 2014).
Copyright Complexities in the Digital Age
- Legal Ambiguities: Copyright laws, such as the Digital Millennium Copyright Act (DMCA) and the TEACH Act, are often seen as inadequate in addressing the needs of digital education. The ambiguity of fair use and the complexity of international copyright regimes further complicate access to educational materials (Anastácio et al., 2024) (Prilliman, 2008).
- Cross-Border Challenges: Educators teaching across borders face significant challenges due to varying copyright laws, which can restrict access to necessary materials and require changes to course design (Anastácio et al., 2024).
- Need for Reform: There is a growing call for copyright reform to better accommodate the needs of the digital age, ensuring that copyright protection does not hinder educational access. This includes developing a legal framework that balances the rights of creators with the public's right to access information (Geiger, 2011).
While the digital era has significantly enhanced access to educational resources, it has also highlighted the need for a more flexible and inclusive copyright framework. The current legal landscape often fails to meet the needs of educators and students, particularly in a globalized educational environment. Addressing these challenges requires collaboration between policymakers, educators, and copyright holders to create a system that supports both innovation and protection.
AI, Blockchain, and the Future of Copyright
The intersection of emerging technologies such as artificial intelligence (AI) and blockchain with copyright law presents both opportunities and challenges in content creation, copyright management, and the distribution of royalties. AI's role in content creation is expanding, leading to complex questions about authorship and ownership, while blockchain offers innovative solutions for managing copyrights and licensing. These technologies are reshaping the landscape of intellectual property rights (IPR), necessitating new frameworks and policies to address the evolving challenges and opportunities they present.
Role of Artificial Intelligence in Content Creation
AI technologies are increasingly capable of autonomously generating creative content, which challenges traditional notions of authorship and copyright ownership. The current legal framework is based on human authorship, but AI-generated content (AIGC) often involves minimal human input, complicating copyright claims (Jiang et al., 2024) (Wagh et al., 2023).
AI's ability to replicate and transform existing works raises issues of copyright infringement, as the lines between original and derivative works become blurred. This necessitates sophisticated mechanisms for detecting infringement and understanding the nuances of "fair use" and "transformative works" (Wagh et al., 2023).
- The ethical and social implications of AI in content creation include potential job displacement in creative industries and the need for global harmonization of copyright laws to address these challenges (Wagh et al., 2023).
Blockchain and Copyright Management
Blockchain technology offers a decentralized and immutable platform for managing copyrights, providing transparency and security in the verification and transaction of IPR (Qianlan et al., 2024) (Ding et al., 2019). Systems like AIGC-Chain and IBis utilize blockchain to document the lifecycle of AI-generated content, ensuring a transparent and reliable platform for copyright management. These systems enhance the efficiency of transaction queries and reduce the risk of fraudulent claims (Jiang et al., 2024) (Sai et al., 2024). Blockchain can also facilitate the creation of smart contracts for licensing, allowing for automated and efficient royalty distribution. This setup can reduce market friction and increase the autonomy of creators, although it may not fully address traditional copyright law challenges such as exceptions and limitations (Bodó et al., 2018).
Implications for Licensing and Royalty Distribution
The integration of blockchain with smart contracts can streamline licensing processes and ensure fair remuneration for creators. By creating a quasi-immutable record of ownership and automating transactions, blockchain can enhance the efficiency of licensing and royalty distribution (Bodó et al., 2018). However, the implementation of blockchain in copyright management must consider existing legal frameworks and the potential for regulatory challenges. The technology's decentralized nature may conflict with traditional copyright principles, requiring updates to legal frameworks and increased awareness of IPR (Qianlan et al., 2024) (“Artificial Intelligence and Blockchain: A Breakthrough Collaboration in IP Law,” n.d.). The use of AI and blockchain in copyright management also raises questions about the ethical sourcing of training data and the need for responsible licensing practices by AI service providers (Sai et al., 2024).
While AI and blockchain offer promising solutions for copyright management and licensing, they also introduce new challenges that require careful consideration. The potential for job displacement and ethical concerns in AI-generated content, along with the regulatory complexities of blockchain, highlight the need for ongoing research and policy development. These technologies necessitate a collective effort from policymakers, practitioners, and users to ensure the effective protection and utilization of IPR in the digital age.
Fair Dealing: Scope, Limits, and Interpretation
The concept of fair dealing under Section 52 of the Copyright Act is a legal doctrine that allows the use of copyrighted materials without permission for specific purposes such as research and private study. This doctrine aims to balance the rights of copyright holders with the public interest in accessing information for educational and research purposes. However, the scope and limitations of fair dealing are often subject to interpretation and vary across jurisdictions. The following sections explore the permissible acts under fair dealing, its limitations, and judicial interpretations.
Permissible Acts for Research and Private Study
Fair dealing provisions allow the use of copyrighted works for purposes such as private study, research, criticism, review, and news reporting without constituting copyright infringement (Boyer, 2007) (Boyer, 2012). In Australia, fair dealing for research or study is explicitly recognized, and the law provides specific guidelines on what constitutes fair dealing, including factors like the purpose and character of the dealing and the effect on the market value of the work (Khan & Hancock, 2001). The Canadian Copyright Act also includes fair dealing provisions, which have been expanded to include additional purposes, reflecting a more flexible approach similar to the American fair use doctrine (Valentino, 2013) (Katz, 2021).
Limitations of Fair Dealing
The scope of fair dealing is often limited to specific purposes enumerated in the statute, which can restrict its application compared to the broader fair use doctrine in the United States (Katz, 2021). Factors such as the amount and substantiality of the portion used, the nature of the work, and the effect on the market are considered in determining whether a use qualifies as fair dealing (Khan & Hancock, 2001). Despite these limitations, there is a push for a more liberal interpretation of fair dealing, especially in educational contexts, to better support research and learning (Billah & Al-Barashdi, 2018).
Judicial Interpretations
Judicial interpretations play a crucial role in defining the boundaries of fair dealing. For instance, the Supreme Court of Canada has emphasized a broad and liberal interpretation of fair dealing to facilitate access to information (Boyer, 2007) (Boyer, 2012). In the UK, fair dealing has historically been more restrictive, but recent judicial decisions have started to explore its potential to balance the interests of copyright owners and users (Seymour, 2003). The Australian courts have also contributed to the interpretation of fair dealing, focusing on factors such as the purpose of the use and its impact on the market for the original work (Khan & Hancock, 2001).
While fair dealing provides a framework for using copyrighted materials for research and private study, its application is not without challenges. The limitations imposed by statutory language and judicial interpretations can restrict its scope, leading to calls for more flexible and open-ended policies. This is particularly relevant in the digital age, where the need for access to information is greater than ever. As such, ongoing legal and policy discussions continue to shape the future of fair dealing in various jurisdictions.
Fair Dealing vs Fair Use in the Digital Age
The question of how fair dealing and fair use frameworks apply to digital content, particularly in the context of Indian copyright law, is multifaceted. It involves examining key cases, comparing international frameworks, and understanding the digital transformation's impact on copyright law. The case of The Chancellor Masters & Scholars of the University of Oxford v. Rameshwari Photocopy Services is pivotal in understanding India's approach to fair dealing, which is often seen as more restrictive compared to the U.S. fair use doctrine. This case highlighted the tension between copyright holders' rights and public access to educational materials, a theme that resonates globally as digital content becomes more prevalent.
Key Indian Cases and Fair Dealing
The case of The Chancellor Masters & Scholars of the University of Oxford v. Rameshwari Photocopy Services is a landmark in Indian copyright law, where the Delhi High Court ruled in favor of allowing photocopying of textbooks for educational purposes under fair dealing provisions. This decision underscored the importance of access to educational resources in India (“Copyright, Culture and Contemporary Debates: A Jurisprudential Analysis of Fair Dealing in India,” 2023). Indian fair dealing jurisprudence is criticized for lacking a robust normative foundation, often failing to accommodate socially valuable infringements, such as those necessary for educational purposes (“Copyright, Culture and Contemporary Debates: A Jurisprudential Analysis of Fair Dealing in India,” 2023).
Comparative Analysis with International Frameworks
Fair dealing, as practiced in Commonwealth countries, is traditionally more restrictive than the U.S. fair use doctrine. However, there is a trend towards incorporating more flexibility into fair dealing, akin to fair use, to better balance copyright interests with public access (Zhang, 2024) (Band & Gerafi, 2013). The U.S. fair use doctrine, with its emphasis on transformative use, has been influential in shaping global copyright practices, though it often leads to complex legal interpretations (Barnett, 2024).
Digital Transformation and Fair Dealing
The digital age presents unique challenges for copyright law, as digital content like e-books and online courses complicate the application of fair dealing. The Indian Copyright Act's provisions are seen as inadequate for addressing these challenges, necessitating a shift towards a more flexible fair use model (Prasad & Aggarwal, 2015). Digital technologies have disrupted traditional copyright enforcement, making it harder to protect creators' rights while also opening new opportunities for content distribution and access (Mehpara et al., 2023).
Balancing Copyright Holder Rights with Public Access
The balance between protecting copyright holders and ensuring public access is crucial, especially in educational contexts. The Indian legal framework is urged to evolve towards a model that better supports educational needs by adopting elements of fair use (Prasad & Aggarwal, 2015). Internationally, there is a push for copyright frameworks that protect intellectual property while promoting academic freedom and access to knowledge, suggesting a need for flexible legal instruments that adapt to the digital landscape (Dihaa et al., 2024).
While the Indian fair dealing framework has been criticized for its rigidity, there is a growing recognition of the need to adapt to the digital age by incorporating more flexible elements from international fair use practices. This adaptation is crucial for balancing the rights of copyright holders with the public's need for access to digital content, particularly in educational settings. The ongoing evolution of copyright law in response to digital transformation highlights the dynamic interplay between legal frameworks and technological advancements.
Policy and Technology for Digital Academic Access
The landscape of digital academic content is rapidly evolving, necessitating robust policy and legal frameworks to ensure fair use, promote open access, and integrate technological advancements. Strengthening fair dealing provisions, amending legal sections to address digital content, and promoting open access through educational resources and Creative Commons licenses are crucial steps. Additionally, the synergy between technology and law, particularly through the integration of Digital Rights Management (DRM) and blockchain, can enhance compliance with fair use. This response explores these dimensions, drawing insights from the provided academic papers.
Strengthening Fair Dealing Provisions
Fair dealing provisions have historically been less flexible than fair use, but recent evolutions in Commonwealth countries have made them more adaptable, resembling the U.S. fair use statute. This flexibility benefits authors, publishers, and educational institutions by allowing broader use of copyrighted materials for educational and research purposes (Band & Gerafi, 2013). The Fair Use/Fair Dealing Handbook highlights the global diffusion of these doctrines, suggesting that their widespread adoption can enhance the sharing of knowledge and cultural works (Band & Gerafi, 2013).
Proposals for Amending Section 52 to Address Digital Content
Amending Section 52 to better address digital content involves recognizing the unique challenges posed by digital media, such as unauthorized distribution and the need for clear licensing terms (Aziza et al., 2024). Recommendations include incorporating anti-trolling provisions and establishing oversight bodies to protect users while maintaining creator incentives, thus fostering a more equitable digital content-sharing ecosystem (Aziza et al., 2024).
Promoting Open Access in Academia
Open educational resources (OER) and Creative Commons (CC) licenses play a pivotal role in promoting open access. They facilitate the free sharing of educational materials, enhancing knowledge dissemination and collaboration among scholars (Aziza et al., 2024). The Berkman Center's model of open IT encourages cooperative work dedicated to the public interest, demonstrating the potential of open access to enhance educational works and maintain scholarly communities (Lessig et al., 1999).
Technological and Legal Synergy
Integrating DRM and blockchain technologies can significantly enhance fair use compliance. Blockchain offers transparency in copyright ownership and can mitigate online piracy by enabling control over digital copies (Savelyev, 2017). The SecureRights framework exemplifies how blockchain can be used to assert digital rights robustly, using digital watermarking and perceptual hashing to protect intellectual property (Madushanka et al., 2024). However, challenges such as the legal status of online intermediaries and the need for special provisions to facilitate trust in blockchain records must be addressed to fully realize these technologies' potential (Savelyev, 2017).
Policy Frameworks for Digital Academic Content
A cohesive policy framework for digital academic content should harmonize global Creative Commons licensing to prevent legal exploitation and ensure equitable protection for creators and users (Aziza et al., 2024). The DSM Directive's Article 17 emphasizes the need for stakeholder dialogues to balance fundamental rights and establish best practices for content-sharing service providers (Quintais et al., 2019).
While the integration of technology and law offers promising solutions for managing digital academic content, it also presents challenges that require careful consideration. The immutable nature of blockchain records, for instance, poses difficulties in adjusting ownership based on informal facts, necessitating legal adjustments (Savelyev, 2017). Additionally, the economic implications of blockchain copyright management systems must be evaluated to ensure they achieve the necessary network effects (Savelyev, 2017). These considerations highlight the complexity of developing effective policy frameworks that balance innovation with legal and ethical standards.
India’s Copyright Law and Global Alignment
Aligning Indian copyright law with global standards, particularly through the lens of WIPO treaties, involves a complex interplay of international agreements, national amendments, and evolving digital challenges. The Indian Copyright Act has undergone significant changes to align with international norms, especially with the amendments in 2012, which aimed to harmonize Indian law with the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). This alignment is crucial for ensuring that India's copyright framework is robust enough to protect intellectual property rights while facilitating access to information in the digital age. The following sections delve into the specifics of this alignment process.
Amendments to Indian Copyright Law
The Copyright Amendment Act of 2012 was a pivotal step in aligning Indian copyright law with international standards, particularly the WCT and WPPT. These amendments introduced performers' rights, technological protection measures, and special provisions for fair use in the digital era (Thomas, 2012). The amendments also included author-friendly changes, provisions for disabled individuals, and measures to streamline copyright administration, reflecting a broader scope than the limited mandates of the WCT and WPPT (Thomas, 2012).
International Treaties and Indian Compliance
The WIPO treaties, including the WCT and WPPT, aim to harmonize intellectual property regulation globally, addressing the challenges posed by technological advancements (Reinbothe & Lewinski, 2002). India's compliance with these treaties is evident in its legislative changes, which incorporate international standards for copyright protection, such as automatic protection and moral rights (Roy, 2024). The Berne Convention and TRIPS Agreement also play a significant role in shaping India's copyright laws, ensuring that they meet international minimum standards (Goldstein, 2001).
Challenges and Considerations
Despite these advancements, challenges remain in fully harmonizing Indian copyright law with international norms. Issues such as compulsory licensing and the balance between protecting rights and facilitating access to information are ongoing concerns (Agitha, 2011). The digital environment poses unique challenges, such as illegal downloading and unfair use, which require continuous adaptation of legal frameworks (Saraswat & Chaturvedi, 2017).
Role of WIPO and International Cooperation
WIPO serves as a central forum for international copyright governance, facilitating discussions and providing guidance on harmonization efforts (Wyber, 2022). Strengthening international cooperation and developing uniform standards are essential for effective copyright protection, as highlighted by the need for continuous improvement of legal mechanisms to adapt to new technological challenges (BILOUSOV & KRYVDINA, n.d.).
While India has made significant strides in aligning its copyright laws with international standards, the process is ongoing and requires continuous adaptation to address emerging challenges in the digital domain. The role of international treaties and organizations like WIPO is crucial in guiding these efforts, ensuring that national laws remain relevant and effective in protecting intellectual property rights globally. However, the balance between safeguarding these rights and ensuring access to information remains a delicate issue that requires careful consideration and ongoing dialogue among stakeholders.
Balancing Innovation and Copyright in the Digital Age
Balancing innovation with copyright protection is a critical challenge in the digital age, particularly for India, where rapid technological advancements have transformed the landscape of intellectual property rights. The digital era has introduced new modes of content creation and distribution, necessitating a reevaluation of existing copyright laws to ensure they adequately protect creators while fostering innovation. This balance is essential to support both the economic and cultural growth of the nation. The future directions for Indian copyright law must address these challenges by adapting to the unique demands of the digital age.
Challenges in Balancing Innovation and Copyright Protection
- Digital Reproduction and Distribution: The digital age has made it easier to reproduce and distribute creative works, leading to increased copyright infringement. This poses a significant challenge for copyright enforcement, as traditional legal frameworks struggle to keep pace with technological advancements (Murthy, 2017) (Ajabe-Alhat et al., 2024).
- Technological Monopolies: The digital transformation has shifted the balance of interests towards technological monopolies, which can control consumer behavior through exclusive copyrights. This imbalance necessitates legal reforms to protect both creators and the public interest (Shtanko, 2024).
- Content Sharing Platforms: The rise of online platforms has revolutionized content sharing but also increased the complexity of copyright enforcement. These platforms often facilitate unauthorized distribution, challenging the protection of intellectual property rights (Ajabe-Alhat et al., 2024).
Future Directions for Indian Copyright Law
- Legal Framework Adaptation: Indian copyright law needs to evolve to address the challenges posed by digital technologies. This includes updating legal frameworks to better protect creators' rights while accommodating the realities of digital content sharing (Mehpara et al., 2023).
- International Conventions Compliance: India has amended its copyright laws to align with international conventions like the WIPO Copyright Treaty. Continued compliance and adaptation to global standards are crucial for effective copyright protection in the digital age (Murthy, 2017).
- Balancing Public and Private Interests: Future legal regulations should aim to balance the rights of authors with societal interests. This involves recalibrating the concept of public interest to ensure fair remuneration for creators while facilitating public access to knowledge (Dermawan, 2024).
- Incentivizing Innovation: Copyright law should incentivize innovation by providing adequate protection for computer programs and databases, which are critical to technological advancement. This includes addressing issues like digital piracy and transnational infringement (Ubaydullaeva, 2024).
While strengthening copyright protection is essential, it is equally important to consider the potential impact on technological innovation and civil liberties. Overly stringent copyright laws could stifle creativity and limit access to information, which are vital for innovation and cultural development. Therefore, a balanced approach that considers the interests of all stakeholders, including creators, consumers, and technology companies, is necessary to foster a thriving digital ecosystem (Menell, 2002) (高, 2023).
| Title | Key Findings | In-text Citation |
| Recognition to Implementation: Bridging the Gap in Moral Rights Protection under Indian Copyright Law | Although Indian copyright law recognizes moral rights, practical enforcement is weak. Authors advocate for stronger judicial recognition and statutory clarity to protect authors’ personal rights. | (Yadav, Yadav, Singh, Rajpurohit, & Singh, 2025) |
| Contemporary Stance of Compulsory Licensing in the Indian Pharmaceutical Industry | Explores how compulsory licensing helps balance public health needs with patent protection. Recommends clearer criteria for issuing compulsory licenses to foster innovation and public access. | (Singh, Singh, Prakash, & Yadav, 2025) |
| Enhancing Clinical Legal Education Through Drafting Skills: A Focus on Intellectual Property Rights and Beyond | Proposes integrating IPR drafting modules (like licensing and copyright notices) in law school clinics to bridge theoretical and practical legal education. | (Kumar Yadav, 2025) |
| Academic Use and Academic Writing: Copyright Law, Digital Transformation, and Educational Fair Use in India | Highlights the inadequacy of current copyright exceptions in academic contexts. Advocates for an expanded interpretation of fair use for research and educational materials in the digital era. | (Kumar & Yadav, 2025) |
| Artificial Intelligence and Intellectual Property Rights: Intersection with Fundamental Human Rights such as Privacy and Freedom of Expression | Examines tensions between protecting AI-generated content under IPR and ensuring human rights. Suggests guidelines to harmonize IPR laws with freedom of expression and privacy. | (Yadav, 2025a) |
| Green Intellectual Property Rights: A Sustainable Approach to Innovation and Environmental Protection | Advocates for the recognition of “green IPRs” to incentivize environmental innovations. Recommends policy changes to promote eco-friendly patents and sustainable trademarks. | (Yadav & Yadav, 2025) |
| Navigating the Digital Frontier: The Role of Law School IP Clinics in Education, Access to Justice, and Policy Innovation | Demonstrates how law school IP clinics can serve as bridges between legal education and real-world IP challenges, fostering community engagement and access to justice. | (Sharma & Yadav, 2025) |
| Introduction to the Concept of Originality under Copyright Law in India | Discusses the evolution of the “originality” standard under Indian copyright law and compares it with global approaches. | (Kumar & Shahi, 2018) |
| The Copyright Quandary: Criminalization and Judicial Backlog in India | Focuses specifically on the consequences of criminalizing copyright infringement in India and how it contributes to judicial backlog. | (Rahul & Yadav, 2025) |
Conclusions
India’s copyright regime, rooted in the Copyright Act, 1957, is undergoing a critical juncture due to the rapid pace of digital transformation. The proliferation of digital educational platforms, the increased use of online academic content, and the emergence of AI and blockchain technologies have exposed significant gaps in the current legal framework. While the 2012 Amendment was a step toward aligning Indian law with international standards, it has proven insufficient to meet the dynamic needs of the digital era, particularly for education and research. The limitations of the fair dealing doctrine, compared to more flexible fair use regimes like that of the United States, constrain educators and learners from fully utilizing digital content. Additionally, enforcement challenges, digital piracy, and restrictive DRM practices further complicate the landscape. Technological solutions such as blockchain-based copyright management and open licensing models offer promising avenues but require thoughtful integration into existing legal structures. The study underscores the urgent need for legal and policy reforms, including the expansion of fair dealing exceptions, clearer guidelines for digital reproduction, and support for open educational resources. A future-ready copyright law must not only protect creators but also prioritize equitable access to knowledge, thereby fostering educational empowerment and innovation in India’s digital society.
References
- K. S., & H. K. S. (2024). Transforming India: Digital Initiatives and Their Impact. International Journal For Multidisciplinary Research. [CrossRef]
- Adil, H. M. M., Ali, S., Sultan, M., Ashiq, M., & Rafiq, M. (2022). Open education resources’ benefits and challenges in the academic world: a systematic review. Global Knowledge, Memory and Communication. [CrossRef]
- Agitha, T. G. (2011). International Norms for Compulsory Licensing and the Indian Copyright Law.The Journal of World Intellectual Property. [CrossRef]
- Ajabe-Alhat, R., Priyadarshi, D., Chaudhery, U., & Ramchandran, S. D. (2024). Intellectual Property Rights in the Digital Era: Exploring the Legal Aspects of Copyright in the Context of Digital Content Sharing and Online Platform. Journal of Ecohumanism. [CrossRef]
- Anastácio, K., Ziskina, J., & Aufderheide, P. (2024). Higher Education in the International Digital Economy: Effects of Conflicting Copyright Regimes on Cross-Border Teaching. Journal of Copyright in Education and Librarianship. [CrossRef]
- Artificial Intelligence and Blockchain: A Breakthrough Collaboration in IP Law. (n.d.). Journal of Intellectual Property Rights. [CrossRef]
- Ashok, A. (2014). Technological Protection Measures and the Indian Copyright (Amendment) Act, 2012: A Comment. Social Science Research Network.
- Aziza, O. R., Oduro, P., Sam-Bulya, N. J., & Uzougbo, N. S. (2024b). Rethinking creative commons licensing: A policy proposal to safeguard against copyright trolling and enhance knowledge sharing. International Journal of Multidisciplinary Research Updates. [CrossRef]
- Aziza, O. R., Oduro, P., Sam-Bulya, N. J., & Uzougbo, N. S. (2024a). Global policy harmonization in creative commons licensing: A roadmap for balancing creator and user rights. International Journal of Scientific Research Updates. [CrossRef]
- Band, J., & Gerafi, J. (2013). Fair Use/Fair Dealing Handbook. Social Science Research Network. [CrossRef]
- Barnett, J. (2024). The Rise of Unfair Use. [CrossRef]
- Beldiman, D., & Beldiman, D. (2005). Copyright and the challenges of the digital-age —c an all interests be reconciled? Social Science Research Network.
- Bhatia, S. (2024). The Trends, Challenges & Initiatives of Digital Transformation of Indian Education. SPAST Reports. [CrossRef]
- Billah, M. M., & Al-Barashdi, S. (2018). Fair or Free Use of Copyrighted Materials in Education and Research and the Limit of Such Use. The Chicago-Kent Journal of Intellectual Property.
- BILOUSOV, O., & KRYVDINA, I. (n.d.). Copyright protection at the international level: legal mechanisms and political challenges. [CrossRef]
- Bliss, T., & Tuiloma, S. (n.d.). Open Educational Resources. [CrossRef]
- Bodó, B., Gervais, D. J., & Quintais, J. P. (2018). Blockchain and smart contracts: the missing link in copyright licensing? International Journal of Law and Information Technology. [CrossRef]
- Boyer, M. (2007). The Economics of Copyright and Fair Dealing. Social Science Research Network. [CrossRef]
- Boyer, M. (2012). The Economics Fair Use/Dealing: Copyright Protection in a Fair and Efficient Way. Social Science Research Network.
- Chaturvedi, A. (n.d.). Digital Libraries, Copyright and the COVID-19 Pandemic: A Comparative Study of India and the United States. [CrossRef]
- Choudhary, S. (2024). Copyright Law in India: An Overview of the Copyright Act, 1957.Social Science Research Network. [CrossRef]
- Copyright, Culture and Contemporary Debates: A Jurisprudential Analysis of Fair Dealing in India. (2023). Journal of Intellectual Property Rights. [CrossRef]
- Dass, P. (2017). Reproduction Right in Digital Medium and Free Use for Educational Purpose—An Analysis of National and International Obligations of India to Provide Education to All Viz. a Viz. Protecting Copyright. [CrossRef]
- Dermawan, A. (2024). Towards AI Copyright Equilibrium. TalTech Journal of European Studies. [CrossRef]
- Dihaa, D. H., Salman, A. S., Khalaf, L. R., & Jasim, B. A. A.-L. (2024). International Legal Frameworks for Protecting Intellectual Property and Ensuring Academic Freedom. Journal of Ecohumanism. [CrossRef]
- Ding, Y., Yang, L., Shi, W., & Duan, X. (2019). The Digital Copyright Management System Based on Blockchain. International Conference on Computer and Communication Engineering. [CrossRef]
- Gahlot, B., & Rani, P. (2024). Digitalization in India: Leading the way towards the development. Research Review International Journal of Multidisciplinary. [CrossRef]
- Geiger, C. (2011). Copyright and Digital Libraries: Securing Access to Information in the Digital Age. [CrossRef]
- Gisip, J., Ibrahim, N., Ratim, S., & Ghani, F. S. A. (2024). Open educational resources (OER) in e-learning for higher education. International Journal on E-Learning and Higher Education. [CrossRef]
- Gloglo, M. F. (2013). Finding the Law: The Case of Copyright and Related Rights Enforcement in the Digital Era. Social Science Research Network.
- Goldstein, P. (2001). The Norms Of International Copyright. [CrossRef]
- Gupta, P. (2017). Educational Need vs Copyright Law: A Judicial Action for Social Engineering - Fair Dealing, Public Interest, and Copyright Law. [CrossRef]
- Haspada, D. (2024). Digital transformation and copyright as fiduciary security: legal, economic and technological perspectives. Journal Of Social And Economics Research. [CrossRef]
- Hesu, N., & Gupta, N. (2023). Protection of Digital Contents under Indian Copyright Law in the Lights of International Conventions. International Journal of Science and Research. [CrossRef]
- Jiang, J., Su, M., Xiao, X., Zhang, Y., & Fang, Y. (2024). AIGC-Chain: A Blockchain-Enabled Full Lifecycle Recording System for AIGC Product Copyright Management. [CrossRef]
- Jilova, N. K. (2023). The protection of artistic work under indian copyright law. ShodhKosh Journal of Visual and Performing Arts. [CrossRef]
- Katz, A. (2021).Debunking the Fair Use vs. Fair Dealing Myth: Have We Had Fair Use All Along? [CrossRef]
- Kaushik, A., Tomar, Dr. V., & Bansal, S. K. (n.d.). Digital Transformation in Indian Education: Unleashing the Power of Digital Media for Educational Evolution. Science Archives. [CrossRef]
- Khan, A. N., & Hancock, P. (2001). Foreign Developments - Copyright Law in Australia - Fair Dealing for Research or Study Purposes. The Journal of Law of Education.
- Kumar Yadav, D. R. (2025). Enhancing Clinical Legal Education Through Drafting Skills: A Focus on Intellectual Property Rights and Beyond. Available at SSRN 5159770.
- Kumar, J. S., & Shobana, D. (2024). A study on the impact of digital transformation on student empowerment in higher education of India. International Journal of Multidisciplinary Research and Growth Evaluation. [CrossRef]
- Kumar, R., & Shahi, S. K. (2018) Introduction to the Concept of originality under Copyright Law in India.
- Kumar, R., & Yadav, A. Academic Use and Academic Writing: Copyright Law, Digital Transformation, and Educational Fair Use in India.
- Lessig, L., Nesson, C. R., & Zittrain, J. L. (1999). Open Code - Open Content - Open Law. Building a Digital Commons.
- Liang, L. (2010). Exceptions and Limitations in Indian Copyright Law for Education: An Assessment. The Law and Development Review. [CrossRef]
- Madushanka, T., Kumara, D. S., & Rathnaweera, A. A. (2024). SecureRights: A Blockchain-Powered Trusted DRM Framework for Robust Protection and Asserting Digital Rights.arXiv.Org. [CrossRef]
- Majekolagbe, F. O., & Priora, G. (2024). An international instrument on copyright and educational uses: Regulatory models and lessons. [CrossRef]
- Marakkar, S. (2024). Copyright Protection of literary and artistic works in India: An overview of legal framework and enforcement mechanisms. [CrossRef]
- McCormick, A. (2014).Copyright, Fair Use and the Digital Age in Academic Libraries: A Review of the Literature. [CrossRef]
- Meena, J. (2023). Copyright and fair use in the digital age: implications for libraries. ShodhKosh Journal of Visual and Performing Arts. [CrossRef]
- Mehpara, M., Nilakshi, N., Trivedi, V., Waseem, W., & Sharma, A. (2023). Intellectual property law in the digital age: challenges and opportunities for visual and performing artists.ShodhKosh Journal of Visual and Performing Arts. [CrossRef]
- Menell, P. S. (2002). Envisioning Copyright Law’s Digital Future.
- Meyers, S. M. (2022). The Last Line of Defense: Addressing Section 512(g)’s Dwindling Capacity to Protect Educational Fair Users on the Internet.Columbia Journal of Law and the Arts. [CrossRef]
- Mondal, D. S. (2019). A review of open educational resources in the higher education system. [CrossRef]
- Muriel-Torrado, E., & Fernández-Molina, J. C. (2014a). E-learning vs. Copyright: o papel da biblioteca da universidade em apoio à professores e alunos. [CrossRef]
- Muriel-Torrado, E., & Fernández-Molina, J. C. (2014b). Enseñanza digital versus derechos de autor: el papel de la biblioteca universitaria en apoyo de profesores y alumnos.
- Murthy, C. P. D. (2017). Copyright and the Digital Media: Perspective and Challenges in the New Legal Regime in India. [CrossRef]
- Nagpal, M. (2017). Copyright Protection through Digital Rights Management in India: A Non-Essential Imposition.
- Nandini, C. P. (2017). Criminalization of Copyrights Infringements in the Digital Era with Special Reference to India. [CrossRef]
- Noller, D. T. (2025). Navigating Copyright Law and Fair Use in the Age of Digital Education. [CrossRef]
- Prasad, N., & Aggarwal, P. (2015). Facilitating Educational Needs in Digital Era: Adequacy of Fair Dealing Provisions of Indian Copyright Act in Question. The Journal of World Intellectual Property. [CrossRef]
- Prilliman, J. S. (2008). Copyright and the Academic Library: The Ambiguities of Fair Use. Social Science Research Network. [CrossRef]
- Qianlan, B., Zuhong, G., Su, H., & Bin, J. (2024). The Dual-Effect of Emerging Technologies on Intellectual Property Rights in the Digital Age. [CrossRef]
- Quintais, J. P., Frosio, G., Gompel, S., Hugenholtz, P. B., Husovec, M., Jütte, B. J., Senftleben, M., Ruse-Khan, H. G., Savin, A., Schovsbo, P. J., Sganga, C., Sikorski, R., Synodinou, T., Szkalej, K., Torremans, P., Voorhoof, D., & Xalabarder, R. (2019). Safeguarding User Freedoms in Implementing Article 17 of the Copyright in the Digital Single Market Directive: Recommendations From European Academics. Social Science Research Network. [CrossRef]
- Rahul, S. K., & Yadav, R. K. (2025). The Copyright Quandary: Criminalization and Judicial Backlog in India. Journal of Intellectual Property Rights (JIPR), 30(2), 188-196.
- Reinbothe, J., & Lewinski, S. von. (2002).The WIPO treaties 1996 : the WIPO copyright treaty and the WIPO performances and phonograms treaty : commentary and legal analysis.
- Roy, S. (2024). The Impact of International Copyright Agreements on Indian Copyright Law. International Journal For Multidisciplinary Research. [CrossRef]
- Sai, Y., Wang, Q., Yu, G., Bandara, H. M. N. D., & Chen, S. (2024). Is Your AI Truly Yours? Leveraging Blockchain for Copyrights, Provenance, and Lineage.arXiv.Org. [CrossRef]
- Saraswat, J., & Chaturvedi, R. (2017). Copyright Protection in the Digital Environment: Indian Perspective and International Obligations.
- Savelyev, A. (2017a). Copyright in the Blockchain Era: Promises and Challenges. Social Science Research Network. [CrossRef]
- Savelyev, A. (2017b). Copyright in the Blockchain Era: Promises and Challenges. Research Papers in Economics.
- Saw, C. L. (2023). Distinguishing the fair use and fair dealing doctrines in copyright law—much ado about nothing? Journal of Intellectual Property Law & Practice. [CrossRef]
- Seymour, A. C. (2003). “Fair Dealing”: a quaint footnote to the British copyright regime?
- Sharma, J., & Yadav, R. K. (2025). Navigating the Digital Frontier: The Role of Law School IP Clinics in Education, Access to Justice, and Policy Innovation. Access to Justice, and Policy Innovation (May 08, 2025).
- Shrayberg, Ya. L., & Volkova, K. Yu. (2021). Features of Copyright Transformation in the Information Environment in the Age of Digitalization. Scientific and Technical Information Processing. [CrossRef]
- Shtanko, V. (2024). Modern problems of maintaining the balance between private and public interests: exercising the copyright in the conditions of digital transformation. Aktualʹnì Problemi Vdoskonalennâ Činnogo Zakonodavstva Ukraïni. [CrossRef]
- Singh, R. K., & Singh, A. (2024). Building Sustainable Digital Education in India: Transformation through Equity, Inclusion and Accessibility. [CrossRef]
- Singh, S., Singh, A., Prakash, R. C., & Yadav, R. K. (2025). Contemporary Stance of Compulsory Licencing in the Indian Pharmaceutical Industry. Journal of Intellectual Property Rights (JIPR), 30(3), 361-375.
- Suryavanshi, D. P., Kaveri, P. R., & Kadlag, P. S. (2023). Advancing Digital Transformation in Indian Higher Education Institutions. [CrossRef]
- Thomas, Z. (2012). Overview of Changes to the Indian Copyright Law.
- Tiwari, N., Kumar, S., & Srivastava, V. (2023). India’s digital governance odyssey: navigating economic transformation in the digital era through prowess and legal resilience. [CrossRef]
- Ubaydullaeva, A. (2024). Copyright for Computer Programs and Databases. International Journal of Law and Policy. [CrossRef]
- Valentino, L. D. (2013). Comparison of Fair Dealing and Fair Use in Education Post-Pentalogy. Social Science Research Network. [CrossRef]
- Vargas, E. T., & Torres, E. (2024). Legal Challenges of Digital Copyright Laws in the Circulation of Digital Content. Law and Economy. [CrossRef]
- Varian, H. R. (2005). Copying and Copyright. Journal of Economic Perspectives. [CrossRef]
- Wagh, S. R., Peerzada, Dr. S., & Rote, Prof. N. (2023). AI And Copyright. [CrossRef]
- Wahid, R. (2011). The Fairness of “Stealing” Knowledge for Education.
- Wyber, S. (2022).10 WIPO, Copyright and Libraries. [CrossRef]
- Yadav, A., Yadav, R. K., Singh, V. P., Rajpurohit, G. S., & Singh, S. (2025). Recognition to implementation: Bridging the gap in moral rights protection under Indian copyright law. Journal of Intellectual Property Rights, 30(3), 295–303.
- Yadav, R. K. (2025). Artificial Intelligence and Intellectual Property Rights: Intersection with Fundamental Human Rights such as Privacy and Freedom of Expression. Available at SSRN 5242836.
- Yadav, R. K., & Yadav, A. (2025). Green Intellectual Property Rights: A Sustainable Approach to Innovation and Environmental Protection. Available at SSRN 5198470.
- Zhang, S. (2024). Comparing Fair Dealing with Fair Use: Why Fair Dealing Can Better Balance Copyright Interests? Advances in Economics, Management and Political Sciences. [CrossRef]
- 高岚. (2023). Judicial Dilemmas and Responses to Intellectual Property Protection in the Digital Age. 法学. [CrossRef]
Disclaimer/Publisher’s Note: The statements, opinions and data contained in all publications are solely those of the individual author(s) and contributor(s) and not of MDPI and/or the editor(s). MDPI and/or the editor(s) disclaim responsibility for any injury to people or property resulting from any ideas, methods, instructions or products referred to in the content. |
© 2025 by the authors. Licensee MDPI, Basel, Switzerland. This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license (http://creativecommons.org/licenses/by/4.0/).
Copyright: This open access article is published under a Creative Commons CC BY 4.0 license, which permit the free download, distribution, and reuse, provided that the author and preprint are cited in any reuse.
