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With the mergence of the internet and increasing use of the worldwide web possibilities of infringement of copyright have become mind boggling free and easy access on the web together with possibilities of down loading has created new issued in copyright infringement. Taking content from one site, modifying it or just reproducing it on another site has been made possible by digital technology and this has posed new challenges for the traditional interpretation of individual rights and protection. Any person with a PC (Personal Computers) and a modem can become a publisher. Downloading, uploading saving transforming or crating a derivative work is just a mouse click away.

A web page is not much different than a book a magazine or a multimedia CD-Rom and will be eligible for copyright protection, as it contains text graphics and even audio and videos.

Copyright law grants the owner exclusive right to authorize reproduction of the copy righted works preparation of derivative works, distribution etc. However application of this concept on the internet cannot be strictly applied to copyright. Duplication of the information is an essential step in the transmission of information on the internet and even plain browsing information at a computer terminal (which is equivalent to reading a book or a magazine at book store) may result in the creation of an unauthorized copy since a temporary copy of the work is created in the RAM of the users computer for the purpose of access. The law on the subject evolving and the general view is that more accessing a web page would not be an infringement as the copy created is temporary or ephemeral. Another common issue amongst web site owners is to create links to other sites within the design of their own web pages. Would such linking be considered a copy right violation as these links give access to other copy righted sites? Although strictly speaking it may be a violation of copyright. But there is an implied doctrine of public access for linking to other web pages. The Internet was created on the basic of being able to attach hypertext links to any other location and it is assumed that once a page is put on the net, implied consent is given, unless specifically prohibited by the web site owner.


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Category Intellectual Property Rights, Other Articles by - G. ARAVINTHAN 



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