Raghav Chadha, the internet-famous Aam Aadmi Party (AAP) leader, has highlighted the emergence of a divide between the country’s laws and the rapidly changing digital economy. He is suggesting modifications to the Copyright Act of 1957, which would favour the online content creators community.
While addressing the Rajya Sabha during the Zero Hour, Chadha, a Member of Parliament, pointed out that Indians in large numbers rely on platforms like YouTube, Instagram, and other social networking sites not only for expression but also as a means of livelihood.
Today, India has the second-largest number of digital content creators in the world. Whether it’s teachers breaking down learnings into easy-to-understand digital content, or musicians, reviewers, comedians, satirists, and news analysts, digital platforms are now full-time offices. The thrust of Raghav Chadha’s argument here is that digital platforms are no longer mere hobby platforms but are now earning assets developed after years of dedication and toil.
Raghav Chadha On Why the Copyright Act Needs An Update
Raghav Chadha added that the Copyright Act was drawn up in 1957, long before the existence of the internet, social platforms, or user-created digital content. Although it does mention “fair dealing,” it does so within the framework of “more conventional” media like books, journals, and printed publications. This leaves content creators in a dilemma as they produce content in videos, audio, and combined digital formats.
As a result of a lack of definite legal terms and definitions, authors and artists can be totally dependent on the discretion of algorithms. Sometimes, they can be removed or have strikes against their name or account when someone uses their intellectual properties for commentary, criticism, or even news. Apparently, it takes only minutes for years of an artist’s labour to be completely eradicated, according to the reasoning of Chadha.
Raghav Chadha Asks The Question Of Transformative Content
Fair use is another important area of concern raised by Raghav Chadha. Fair use is the right to make copies or to use copies of a work for certain purposes without obtaining the permission of the holder of the copyright. This applies to transformative works, which involve the reuse of work to create an added meaning or significance.
With this in mind, anything in the background, whether it is audio or video, can lead to an individual being censored for violating copyright laws. This has led to fear-driven innovation, where individuals censor themselves when it comes to content to avoid being censored. Chadha’s stand makes it clear that innovation will not grow when individuals fear being censored or when they face the loss of income.
3 Key Demands Emphasized By Raghav Chadha
1. Establishing A Clear Definition of Digital Fair Use
The first demand made by Raghav Chadha is to introduce the definition for ‘digital fair use’ within the Copyright Act. The definition ought to incorporate the concepts of transformative use, incidental and proportionate use, educational and public interest use, and other forms of ‘non-commercial use’.
2. Addition Of Proportionality To Copyright Enforcement
Another big issue raised by Raghav Chadha would be about the proportionality doctrine. If any copyrighted content appears only for a short while or in an incidental manner, it should not lead to the complete removal of content. This will help platforms remove copyright issues without deleting whole repositories of content over trivial matters.
3. Pre-Takedown Obligation To Ensure Due Process
Raghav Chadha also demanded that a mandatory due process must precede the deletion of content. This means that before deleting content and punishing its originators, content publishers must be notified and allowed to respond. This is already practiced when dealing with illegal matters.
Why Is This Conversation Important?
India’s creator economy is believed to enable jobs for millions of people, either directly or indirectly, ranging from advertising, brand collaborations, education, music, and local content. This can spill into more people being enabled to join the ecosystem as a result of more defined rules of copyright.
Globally, nations such as the United States and members of the European Union have already set the tone on fine-tuning their respective cyber copyrights and fair use. Raghav Chadha’s speech brings India into this same mix, and it is essential to ensure the law is future-proofed through this continued innovation.
