Automated Digital Copyright Enforcement: Functional Balance on Transition from Safe Harbours towards Algorithmic Copyright Filtering System

Abstract

The research paper explores about the digital copyright enforcement by focusing on the transition from safe harbour provisions to algorithmic copyright filtering system. The study analyses the role of safe harbours in providing liability protections to internet intermediaries while fostering an open cyberspace. It also analyses about the algorithmic copyright filtering system by assessing their efficacy for mitigating copyright infringement while also balancing the interests of user. This study employs doctrinal legal research and it critically analyses the policy developments to assess the functional balance between the users, copyright owners, and online platforms. Most importantly, this study highlights the key challenges in copyright enforcement on internet. It finds that automated copyright enforcement introduces the concerns about fairness and transparency often ignoring the exceptions of fair dealing and resulting in the suppression of lawful content. Furthermore, it makes a crucial take that while automated digital copyright enforcement enhances efficiency, it may also compromise the interests of user if it is not regulated and makes emphasis on reforms. This study calls for the functional balance and underscores the necessary of collaborative efforts between policymakers, online platforms, and stakeholders to develop a balanced enforcement measure of digital copyright in this modern digital age.