Author: Intern - Sumana Roychowdhury
Copyright Blockchained: Exploring the Possibilities and Challenges of Blockchain Implementation in the Copyright Realm is a paper published in 2021 [Mayank Tyagi, ‘Copyright Blockchained: Exploring the Possibilities and Challenges of Blockchain Implementation in the Copyright Realm’. The NUALS Intellectual Property Law Review (2021)]. The paper examines the use of blockchain technology in the creation of a more effective and transparent copyright protection and enforcement system in India. The paper surveys the functions and features of blockchain to identify its potential and the implementational challenges it can face in the realm of copyright.
The paper suggests various ways in which blockchain can be used to strengthen the copyright regime in the digital environment, A decentralized blockchain database with timestamps and records of conception and ownership of digital content is virtually impossible to tamper with, which will bring about greater transparency towards copyright ownership. Copyright owners can keep a track of all digital copies of their work on the internet through blockchain’s hash feature, which assigns unique serial numbers to each copy. Furthermore, the use of self-executable smart contracts can help copyright holders gain more control over the licensing of their work and revenue by decreasing their dependency on intermediaries, thereby saving costs in the process.
The implementation of blockchain to the Indian copyright system is, however, subject to legal and technological challenges. The paper highlights that while blockchain stores information related to copyrighted work, the work itself is still stored offline, which can lead to a conflict regarding the true ownership of the work. A mechanism to verify that the offline information matches with the data present in the blockchain is necessary. The paper suggests the need for standardization of rules with respect to blockchain to ensure an effective application of the technology. It mirrors NITI AYOG’S recommendation to supplement smart contracts with ‘real world’, traditional contractual documents to ensure legality of the former. Lastly, the paper states that the costs associated with the use of blockchain technology could be better managed with the help of pilot projects by the government to assess the public response towards the technology in India.
The paper highlights that blockchain is a dynamic technology which has already shown promising results in the area of digital finance. The benefits can be extended to the Indian copyrights system, provided that the existing legal and technological issues are dealt with effectively.
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