Protecting Copyrights and Related Rights in the Digital Dilemma: Some Challenges

Abstract

Intellectual Property plays a vital role in modern economies as a valuable intangible asset. Particularly, copyrights and related rights can be considered as a one of the most viable intellectual property rights which can easily be acquired as well as unduly exploited. Notably, the violation of the legitimate rights of the copyright owners has been gradually increased with the proliferation of modern technologies. It is evident that it is easier to make unauthorized copies of copyrighted works with using technologically advanced equipment within mini seconds without consuming much effort. Inevitably, such a misappropriation of property rights would challenge the interests of the owners who devoted their skills, interests and labour to create that work with a financial motive. Therefore, the existing intellectual property law is being modified in order to cater the new challenges on copyrights which occur due to the expanding nature of digital environment. The primary objective of this paper is to identify and anlyse the changing nature of the challenges on copyrights and related rights in an era of digitalization. Also, it aims to analyse the recent developments of international law for the purpose of gaining better understanding of how and to what extent these issues have been identified and addressed in international level. Furthermore, it discusses the experience of some selected jurisdictions such as Unites States, United Kingdom and European Union, in order to make out some recent trends in protecting copyrights and related rights in a digital environment. Finally, this research intends to identify the loopholes of Sri Lankan law and propose some suggestions to enrich existing law relating to copyrights and related rights so as to strike a balance between the rights of the owners and general public. Keywords: intellectual property, copyrights, related rights, digital environment, striking a balance