Lawmatters.in

Sneha Jain, a student of ILS Law College has written an analysis on the effectiveness (or non-effectiveness!) of the anti-circumvention provision of the DMCA. After examining and comparing the US Law with the Indian Law in context of the meaning and limitations of copyright, the requirements of the WCT have been discussed. The development of the anti-circumvention provision in the US through judicial interpretations is dealt with next and the effect of the provision to the limitation on the fair use rights of the public is examined in this context. A number of cases have been enumerated where the copyright holders have exercised their rights under the DMCA to stifle the progress of science and technology. The author then goes on to cite the proposed amendment in the Indian Copyright Act to provide for criminalization of anti-circumvention activities and concludes that such amendment is not required in the present scenario.