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Copyright Infringement in the Digital Age: Emerging Challenges and Legal Solutions

Volume
3
Issue
1
Pages
1650-1677
Published
Nov 2026
0
0
7
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Abstract

The digital revolution has fundamentally transformed the creation, reproduction, dissemination and consumption of copyrighted works. The Internet, social-media platforms, streaming services, cloud computing, peer-to-peer networks and artificial intelligence have created unprecedented opportunities for authors, artists, performers, publishers and other copyright owners to communicate their works to global audiences. Simultaneously, the same technological infrastructure has enabled copyrighted material to be reproduced, modified and disseminated instantaneously, inexpensively and across national borders without authorization. Consequently, copyright infringement in the digital environment presents challenges that are qualitatively and quantitatively different from conventional physical piracy. The present research examines the changing nature of copyright infringement in the digital age with particular emphasis on the Indian legal framework. It analyses the Copyright Act, 1957, especially the changes introduced by the Copyright (Amendment) Act, 2012, and examines the interaction between copyright protection, technological protection measures, intermediary liability and digital enforcement. The study further considers the international framework established through the Berne Convention, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). Particular attention is devoted to online piracy, peer-to-peer networks, illegal streaming, rogue websites, social-media infringement, digital rights management, notice-and-takedown mechanisms, intermediary responsibility, jurisdictional problems and dynamic injunctions. The paper also examines emerging copyright questions arising from generative artificial intelligence, including the use of copyrighted works for AI training, the legal status of AI-generated outputs and the continuing relevance of human authorship. The study argues that conventional copyright principles remain legally relevant but traditional enforcement mechanisms are inadequate when applied in isolation to instantaneous, decentralized and transnational infringement. Effective digital copyright governance requires a coordinated combination of proportionate legal remedies, technological measures, responsible intermediary participation, accessible licensing mechanisms, international cooperation and adequate safeguards for fair dealing and other legitimate uses.

Authors
NK
Nidhi Kumari
Amity Law School, Amity University, Patna
Keywords
CopyrightCopyright InfringementInternetArtificial IntelligenceIntermediary Liability
References
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