Abstract
India presents the American music industry with a new frontier. Thanks to the wide distribution of cell phones, an expanding digital infrastructure, and a growing appetite for music entertainment, India has become an important digital music export market for the United States. However, widespread digital piracy has hampered India's potential as a digital music market. In the United States, anti-circumvention laws have established a legal infrastructure that defends a digital access right independent of copyright. As a result, the United States has witnessed the emergence of services that offer low priced digital music that has managed to curb piracy. This article argues that the Indian Copyright (Amendment) Act of 2012 fails to provide for the independent access right that serves as the legal backbone of America's digital music marketplace. In order to unlock the gateway to India's expanding digital music consumer base, this article advocates that the United States make the adoption of stricter anti-circumvention laws in India an American diplomatic priority.
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