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"COPYRIGHT IN THE STREAMING AGE: REDEFINING ENFORCEMENT FOR A BORDERLESS

DIGITAL WORLD"
AUTHOR - ARJIT SINGH, STUDENT AT AMITY LAW SCHOOL, NOIDA

BEST CITATION - ARJIT SINGH, "COPYRIGHT IN THE STREAMING AGE: REDEFINING ENFORCEMENT FOR A
BORDERLESS DIGITAL WORLD", INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 4 (4) OF 2024, PG. 523-529, APIS
– 3920 – 0001 & ISSN - 2583-2344.

Introduction

The rapid proliferation of digital streaming platforms has fundamentally transformed how content is
created, distributed, and consumed globally. Platforms such as Netflix, Amazon Prime Video, Spotify,
and Hotstar have disrupted traditional modes of entertainment consumption, making a vast array of
films, music, and television shows available on-demand. With their global reach, these platforms have
dismantled geographical barriers, offering consumers a personalized entertainment experience.

However, the advent of this borderless digital legal framework, and suggests reforms that can
ecosystem has also introduced significant legal help bridge these gaps. By doing so, it aims to
and regulatory challenges, particularly in the provide a comprehensive understanding of the
realm of copyright law. Traditional copyright evolving relationship between copyright law
frameworks, designed for a pre-digital era and the global streaming industry in the Indian
dominated by physical media, are struggling to context.
keep pace with the dynamic nature of
Copyright Act 1957
streaming technology. In India, the challenges
are amplified due to the country's unique legal, The Copyright Act, 1957, serves as the primary
cultural, and economic landscape. legislation governing copyright protection in
India. It provides creators and authors with a
Indian copyright law, codified under the
bundle of exclusive rights, empowering them to
Copyright Act, 1957, was primarily developed to
control the use and dissemination of their works.
address issues in the context of physical
These rights include:
distribution, such as unauthorized reproduction
and sale of books, music, and films. Although  The right to reproduce the work:
the Act has been amended to incorporate Creators have the exclusive right to make
provisions addressing digital content, the copies of their works, whether in physical or
enforcement mechanisms often lag behind the digital formats.
realities of streaming platforms. Issues such as  The right to distribute copies: This
territorial jurisdiction, cross-border piracy, the includes the authority to decide how and when
unauthorized sharing of digital files, and fair use the work is distributed, such as through sales,
exceptions have created significant hurdles for licensing, or digital uploads.
rights holders in protecting their intellectual
 The right to communicate the work to
property.
the public: This encompasses the digital
This article explores the multifaceted challenges transmission of content, such as streaming,
faced by copyright enforcement in India within which is particularly relevant in the modern era.
the context of the streaming era. It delves into
how Indian courts have responded to these
challenges, evaluates the gaps in the current

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Key Provisions Relevant to Streaming provided they pay a standardized royalty. This
Platforms framework aimed to streamline licensing but
raised questions about its applicability to online
Several sections of the Copyright Act, 1957,
streaming platforms.
directly impact the functioning of streaming
2. Digital Rights Management (DRM):
platforms:
Provisions were added to prohibit the
1. Section 14: circumvention of DRM technologies, which
This section defines the scope of copyright by protect copyrighted digital content. These
detailing the exclusive rights of copyright measures aimed to prevent unauthorized
owners. For streaming platforms, this includes access and sharing of digital works, addressing
rights such as communication to the public, concerns around piracy and unauthorized
which covers the transmission of movies, music, downloads.
and shows via online platforms. Gaps in the Current Framework
2. Section 51: While the amendments marked a significant
This section enumerates acts that constitute step forward, the Act faces several limitations in
copyright infringement. Unauthorized addressing the unique challenges posed by
reproduction, distribution, or communication of streaming platforms:
copyrighted material to the public—including
1. Borderless Nature of Digital Content:
streaming or hosting pirated content—can
Unlike traditional forms of media distribution,
attract legal penalties under this provision.
streaming platforms operate across
3. Section 52: jurisdictions, complicating enforcement of
While Section 51 focuses on infringement, copyright laws when content is accessed or
Section 52 outlines specific exceptions to pirated internationally.
copyright, commonly referred to as “fair use”
2. Piracy and Unauthorized Sharing:
provisions. These exceptions permit the use of
Despite robust laws, the rise of torrent sites and
copyrighted works without the owner’s
unauthorized streaming mirrors has highlighted
authorization for purposes such as education,
gaps in enforcement mechanisms, making it
criticism, review, and reporting. In the digital
difficult for rights holders to secure their content.
age, the interpretation of "fair use" has become
a contentious issue, particularly when content 3. Ambiguity in Fair Use Exceptions:
from streaming platforms is used for The broad interpretation of fair use under
commentary or analysis on platforms like Section 52 often leads to conflicts, particularly
YouTube. when creators claim unauthorized use of their
works for commentary, parodies, or education.
The 2012 Amendment: Modernizing Copyright
for the Digital Age 4. Licensing Complexity for Streaming
Platforms:
Recognizing the challenges posed by digital
While statutory licensing helps broadcast
content and globalization, the Copyright
entities, its applicability to modern streaming
(Amendment) Act, 2012, introduced significant
platforms remains unclear. This creates legal
changes aimed at aligning Indian copyright law
uncertainty in securing rights for global and
with international standards, especially the
Indian content libraries.
WIPO Internet Treaties. Key reforms included:
Challenges in Copyright Enforcement in the
1. Statutory Licensing for Broadcasting
Streaming Age
Organizations:
This provision allows broadcasting entities to The rise of streaming platforms has introduced
use copyrighted works without prior negotiation, a new set of complexities in enforcing copyright

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laws in India. Although the legal framework has distribution makes it hard to apply traditional
been updated to address some of the legal principles to determine jurisdiction.
challenges posed by digital content, several
Judicial Precedent:
issues persist, including jurisdictional conflicts,
piracy, licensing disputes, and the balancing In the landmark case of Shreya Singhal v. Union
act between fair use and copyright protection. of India (2015), the Supreme Court of India
These challenges are magnified by the clarified the intermediary liability under Section
borderless nature of the internet, the dynamic 79 of the Information Technology Act, 2000. The
character of piracy, and the fast-paced ruling established that intermediaries, including
evolution of digital content consumption. Below, streaming platforms, are not liable for third-
we explore these challenges in more detail. party content unless they fail to act on specific
takedown requests once informed. While this
1. Jurisdictional Issues
decision helped define the scope of
One of the most significant challenges in intermediary liability, it also highlighted the
enforcing copyright law in the streaming age is challenges in holding streaming platforms
the jurisdictional issue. Since streaming accountable for the content they host or
platforms operate globally, they often distribute distribute. This judgment underlined the
content across multiple territories with differing absence of specific regulatory mechanisms,
legal frameworks. Copyright laws, however, are which complicates efforts to address piracy
territorial in nature, meaning they apply only and copyright infringement in the digital
within the boundaries of a particular jurisdiction. domain.
This creates several complications for copyright
2. Piracy and the Dynamic Nature of
enforcement in India:
Infringement
 Pirated Content on Foreign Servers:
Piracy in the digital age is dynamic and
Illegal content is often hosted on servers
increasingly difficult to combat due to the
located in jurisdictions with more lenient or even
proliferation of illegal streaming websites and
non-existent copyright enforcement. This
applications. These pirated platforms often
pirated material remains accessible to Indian
exhibit several characteristics that complicate
users, and Indian courts may struggle to exert
enforcement:
control over foreign servers. For instance, if
pirated content is streamed or downloaded  Anonymity:
from a server in a jurisdiction that has weak Many illegal streaming platforms operate under
intellectual property protections, it becomes pseudonyms or in ways that obscure their
nearly impossible to hold the platform identity. This anonymity makes it difficult for
accountable in India. copyright holders or law enforcement to trace
the individuals or entities responsible for
 Determining Jurisdiction Over Foreign
infringing content.
Entities:
Legal disputes often arise when determining  Evading Detection:
whether Indian courts have jurisdiction over Pirated streaming websites frequently change
foreign streaming platforms that distribute their domain names or use different hosting
content to Indian audiences. In many instances, services to avoid being detected and blocked.
Indian courts must decide whether they have Even if a website is taken down, new sites with
authority over platforms that operate outside similar content emerge almost immediately.
India but provide services to Indian consumers. This constantly shifting nature of illegal
The complex nature of digital content streaming platforms makes it nearly impossible

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to mount an effective, long-term anti-piracy content access pushes users toward illegal
strategy. streaming services, which can lead to further
infringement.
Dynamic Injunctions:
4. Fair Use vs. Copyright Enforcement
To address this dynamic piracy landscape,
Indian courts have started granting dynamic The tension between fair use and copyright
injunctions. These injunctions enable copyright enforcement is another significant challenge in
holders to block not only the primary infringing the streaming age. While Indian copyright law
websites but also their mirror sites and new includes exceptions like fair use under Section
domains that may crop up. A notable case is 52, which allows for uses such as criticism,
UTV Software Communication Ltd. v. 1337X.to review, research, and education, these
(2019), in which the Delhi High Court recognized exceptions are often contested:
the evolving nature of digital piracy and
 Disputes over User-Generated Content:
ordered that not just the original infringing site
Platforms like YouTube are often at the centre
be blocked, but also all of its mirror sites. This
of legal disputes over fair use. Users upload
legal innovation underscores the judiciary's
videos that may incorporate copyrighted works,
adaptability in combating the ever-changing
such as clips from films, music videos, or TV
landscape of piracy.
shows, and argue that these works are being
3. Content Licensing Disputes used for purposes such as commentary, review,
or parody. However, the boundaries of what
Content licensing is the backbone of streaming
constitutes fair use remain murky, leading to
platforms, determining how, where, and to
frequent legal conflicts.
whom content is made available. However,
licensing agreements often create legal and  Balancing Rights of Creators and Public
commercial disputes: Interest:
Courts must navigate the tension between
 Music Licensing:
protecting the rights of copyright holders and
In particular, the music industry has been a site
promoting the public interest in transformative
of contention. Platforms like Spotify and
works, such as parodies, critiques, and
JioSaavn have faced multiple lawsuits for the
educational content. For example, content that
unauthorized use of copyrighted music. Content
alters the original work significantly for purposes
owners, especially record labels, have raised
of satire or social commentary may fall under
concerns that streaming platforms fail to
fair use. However, determining the precise line
properly license music or underreport plays,
between infringement and fair use remains
leading to disputes over royalties and
contentious and heavily debated.
compensation.
Relevant Case:
 Regional Licensing and Fragmented
Access: In Indian Performing Right Society Ltd. v.
Streaming platforms often enter into region- Aditya Pandey (2011), the Delhi High Court
specific licensing agreements. As a result, emphasized the importance of statutory
content available in one country may not be exceptions like fair use in ensuring public
accessible in another, creating a fragmented access to copyrighted works, particularly for
viewing experience. This geographical educational and non-commercial purposes.
restriction sometimes leads consumers to This case highlighted the need for a nuanced
bypass these legal limitations and access approach to fair use that accommodates both
pirated content to gain broader access to the interests of copyright holders and the
global content libraries. The issue of fragmented

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public's access to knowledge and creative and other sports attract massive viewership.
content. Unauthorized live streaming of such events can
lead to substantial revenue losses for rights
Judicial Trends in India: Addressing Digital
holders. Courts have taken proactive measures
Copyright Challenges
to address the unlawful streaming of live events,
Indian courts have increasingly recognized the ensuring that broadcasters’ rights are
need to evolve with the challenges posed by the protected.
digital era. The judiciary has proactively
 Star India Pvt. Ltd. v. Haneeth Ujwal
adapted to the rapidly changing landscape of
(2018):
copyright infringement, particularly as it
In this case, the Delhi High Court granted an
pertains to streaming platforms and digital
injunction to prevent the unauthorized
content distribution. Several key judicial trends
streaming of live cricket matches. The court
have emerged in response to these challenges,
recognized the economic and commercial
demonstrating the courts’ commitment to
value of live sports broadcasts and emphasized
enforcing copyright in an ever-changing digital
the need for robust enforcement mechanisms
environment.
to prevent illegal streaming. This judgment
1. Dynamic Injunctions underscores the judiciary's awareness of the
The concept of dynamic injunctions has financial impact that piracy can have on
become a critical tool in copyright enforcement legitimate broadcasters and the necessity of
in India, particularly in the context of piracy. timely interventions to protect intellectual
Dynamic injunctions allow courts to extend property in live digital content.
their orders not just to specific websites but also 3. Intermediary Liability
to mirror or proxy sites that infringe copyright.
The issue of intermediary liability, particularly
This innovative approach is essential in
regarding platforms that host user-generated
combating the dynamic nature of piracy, where
content, has been a recurring theme in Indian
illegal streaming websites often evade
case law. Streaming platforms and social
detection by changing domain names or
media companies often act as intermediaries
hosting locations.
by hosting content uploaded by users, which
UTV Software Communication Ltd. v. 1337X.to can sometimes infringe on copyright. Indian
(2019): courts have addressed the responsibility of
This case set a significant precedent in the intermediaries in such situations, focusing on
Indian judiciary for dynamic injunctions. The the need for platforms to be more diligent in
Delhi High Court granted an order to block not preventing infringements.
only the specific pirated site but also all its
 Myspace Inc. v. Super Cassettes
mirror sites and any future variations that might
Industries Ltd. (2017):
emerge. The decision demonstrated the courts'
In this case, the Delhi High Court clarified the
recognition that piracy sites are fluid, and a
role of intermediaries under Section 79 of the
static order blocking a single site would be
Information Technology Act, 2000, which
inadequate. This approach allows for a broader,
grants them safe harbour protection. The court
more adaptive legal strategy to combat digital
ruled that intermediaries, while not directly
piracy and protect content creators' rights.
liable for third-party content, must take
2. Blocking Orders for Live Broadcasting proactive steps to prevent repeated instances
The commercial value of live sports of infringement. If an intermediary is made
broadcasting is a key concern for copyright aware of infringing content and fails to act or
enforcement, especially in India, where cricket does not implement effective mechanisms to

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prevent its reoccurrence, it could be held evidence of authorship and rights ownership,
accountable. This case highlights the growing reducing disputes and enhancing transparency.
expectation for intermediaries to adopt due
Decentralized Verification:
diligence in monitoring content to avoid
Blockchain's key feature is its ability to record
facilitating copyright violations.
transactions in a way that is immutable and
Technological Solutions for Copyright transparent. By applying blockchain to
Enforcement copyright management, creators can register
their works in a blockchain ledger, providing a
As digital platforms and piracy evolve, so too
verifiable proof of ownership. This can be
must the tools and mechanisms used to
particularly useful in digital environments,
enforce copyright. Technology plays a pivotal
where content is easily replicated and
role in detecting, preventing, and addressing
distributed. Furthermore, blockchain can
copyright infringement in the streaming age.
streamline the process of rights management
Below are some of the key technological
and licensing, making it easier for creators to
innovations that are enhancing copyright
track usage and ensure they are compensated
enforcement.
fairly.
1. AI-Based Detection Systems
3. Dynamic Content Recognition
Artificial Intelligence (AI) is increasingly being
Dynamic content recognition refers to
utilized by streaming platforms to automatically
technologies such as digital watermarking and
detect and manage copyright infringement. AI
content fingerprinting, which allow rights
systems are capable of scanning vast amounts
holders to track their content across different
of content to identify unauthorized use of
platforms, even if it is altered or manipulated.
copyrighted works, offering a more efficient and
These technologies make it possible to identify
scalable solution than manual monitoring.
and trace pirated content back to its source.
 YouTube’s Content ID:
Digital Watermarking and Fingerprinting:
One of the most well-known AI-based detection
Digital watermarking involves embedding a
systems is YouTube’s Content ID. This
unique code within the content itself, which
technology allows copyright holders to upload
remains detectable even if the content is
their works into a database, where it is matched
altered or compressed. Content fingerprinting
against all videos uploaded by users. When a
works by analysing the content’s audio or visual
match is detected, the rights holder can choose
characteristics to create a digital signature that
to block, monetize, or track the infringing
can be tracked across platforms. Both of these
content. Content ID has become a cornerstone
techniques help rights holders monitor and
in copyright enforcement on YouTube, providing
enforce copyright across multiple distribution
creators with a way to protect their works from
channels, significantly improving the ability to
unauthorized uploads while generating revenue
detect and address unauthorized use of
from those uploads that comply with licensing
content.
agreements.
Proposed Reforms to Indian Copyright Law
2. Blockchain for Ownership Verification
To address the unique challenges of the
Blockchain technology offers a promising
streaming age, India’s copyright regime needs
solution for verifying content ownership and
to evolve. Recommended reforms include:
simplifying copyright enforcement. By creating
a decentralized, tamper-proof ledger of 1. Strengthening Digital Provisions
ownership, blockchain can provide indisputable

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 Amend the Copyright Act to explicitly It is crucial to strike a balance between

address streaming-related piracy and protecting creators' rights and ensuring fair
unauthorized content sharing. access to content for consumers. With these
reforms, India can build a robust and adaptable
 Introduce statutory guidelines for
copyright system that protects creators,
dynamic injunctions and intermediary liability.
promotes innovation, and ensures access to
2. Harmonizing International Laws content in the digital age.
 Collaborate with global bodies like WIPO
to harmonize copyright enforcement across
borders.

 Advocate for international treaties

addressing digital content distribution and
infringement.

3. Promoting Affordable Licensing

 Encourage region-specific pricing

models to reduce the appeal of pirated content.

 Develop mechanisms for collective

licensing to simplify rights management for
digital platforms.

4. Enhancing Public Awareness

 Launch awareness campaigns to

educate consumers about the legal and ethical
implications of consuming pirated content.

Conclusion

The streaming age has revolutionized content

consumption, offered immense convenience
while revealing significant gaps in copyright
enforcement. Indian courts have taken
proactive steps, such as granting dynamic
injunctions and clarifying intermediary liability,
but the existing copyright framework struggles
to keep up with the complexities of digital piracy
and streaming platforms.

To address these challenges, India must

modernize the Copyright Act, 1957, to include
provisions on digital rights management (DRM),
licensing, and intermediary responsibilities.
Embracing technological solutions like AI-based
content detection and blockchain for ownership
verification will also strengthen enforcement.
Furthermore, fostering international cooperation
to tackle cross-border piracy is essential, as the
digital space is borderless.

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