Contemporary Challenges in Copyright
Contemporary copyright issues are evolving rapidly with the rise of new technologies and changes in the way content is created, distributed, and consumed. Here are a few key contemporary issues in copyright law:
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Artificial Intelligence and Copyright
With the proliferation of AI-generated content (music, art, writing), there is a major legal and philosophical debate over authorship and copyright protection. AI systems can generate complex works, but current laws generally require human authorship for copyright protection. Questions arise around who owns the rights to AI-generated content—the developer, the user, or neither—and how such content should be regulated.
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Streaming and Digital Platforms
The dominance of streaming services like Netflix, Spotify, and YouTube has altered the traditional copyright model, especially in music and film industries. Questions around fair compensation, licensing, and control over digital distribution are critical, as many artists argue that streaming platforms underpay creators.
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Copyright in the Metaverse and Virtual Worlds
With the emergence of the metaverse and immersive virtual environments, copyright issues are expanding into new digital spaces. Virtual items, art, and experiences within these environments may raise complex copyright questions about ownership, use rights, and infringement across global jurisdictions.
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Copyright and NFTs (Non-Fungible Tokens)
NFTs have introduced new complexities in digital copyright law. NFTs are unique digital assets that represent ownership of digital content, but ownership of an NFT does not necessarily grant the copyright of the work it represents. This has led to confusion about the scope of ownership and rights when purchasing or selling digital assets.
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Orphan Works and Online Archiving
Many copyrighted works remain unpublished or unclaimed, particularly those that are not readily available or whose creators are unknown. Libraries, museums, and digital archives face legal hurdles when preserving and distributing these “orphan works” without explicit permission. Copyright law’s rigidity around these works is being challenged by archivists advocating for reforms.
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Text and Data Mining
The rise of machine learning and data analysis has led to a growing demand for access to large volumes of copyrighted texts, images, and media for “text and data mining.” Current copyright law often limits access to these resources, posing challenges for researchers and companies working in AI and analytics who rely on large datasets for training.
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Global Harmonization vs. Local Exceptions
As content distribution becomes increasingly global, disparities between countries’ copyright laws pose challenges. Issues of enforcement, fair use, and exceptions (such as educational use) can vary significantly across jurisdictions, making it difficult for creators and consumers to navigate legal boundaries.
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Content Moderation and Copyright Strikes
Automated content moderation systems, particularly on platforms like YouTube and Instagram, have been criticized for over-enforcing copyright claims. Content creators are often subject to takedown notices or “copyright strikes” for alleged copyright infringements, sometimes based on fair use or trivial infractions, leading to calls for more transparent and fair moderation processes.
These contemporary issues reflect the ongoing tension between protecting creators’ rights and adapting to new technologies and consumption habits, as well as the need for copyright law to be flexible enough to account for rapidly changing digital landscapes.
Links: IPINDIA; Swarupa Ghosh (IP Lawyer, High Court Calcutta); WIPO; Copyright Office