CHALLENEGS OF COPYRIGHT IN A DIGITALIZED AGE

By: Wandi Kaweche Legal Assistant at Simwanza Osborne advocates

Copyright laws are designed to protect the intellectual property of creators, ensuring they are
credited and paid for their work. Zambia has 3 international copyright agreements, and is a
member country of The Berne Convention for Copyright. It has an indigenous legal framework
entitled Copyright and Performance Act1. This Act provides for copyright protection of original
literary, dramatic, musical, artistic works, computer programs, audiovisual works, sound
recordings, broadcasts, and cable programs, and for the rights of performers2. In the digital age,
however, enforcing these laws has become increasingly challenging.

With the emergence of the internet, the unauthorized distribution and copying of copyrighted
materials have become easier than ever before. This has led to significant losses for creators, as
well as a decrease in the quality of their work. To address these challenges, several solutions
have been proposed, which can be implemented to enforce copyright in the digital age. In this
article, we will explore the challenges of copyright enforcement in a digitalized age and the
implications of these challenges for creators, owners, and consumers. It will also give
recommendations on what can solutions can be implemented.

Challenges

The first and perhaps most significant challenge of copyright enforcement in the digital age is the

sheer volume of copyrighted material available online. The case of University of London Press
v. University Tutorial Press, Limited3 mentioned that "work should originate from the author."
Only the author or owner can sue for copyright infringement. The implication is that sites hosting
pirated works will not take them down voluntarily. It is the responsibility of the owner to claim
infringement and have it removed from the site. With the proliferation of digital media and the
internet, anyone can produce, reproduce, and distribute content without much effort. This has led
to a massive amount of material being shared and distributed illegally, making it difficult to track

1
Chapter 406 of the Laws of Zambia
2
Section 8 of Copyright and Performance Act
3
University of London Press v. University Tutorial Press, Limited, [1916] 2 Ch. 601.
and monitor all instances of copyright infringement. This volume of content means that
enforcement agencies and copyright owners must prioritise which cases to pursue and how to
allocate their resources effectively to prevent infringement.

Another significant challenge is the ease of digital reproduction and distribution. In the past,
enforcing copyright meant physically monitoring and seizing illegal copies of copyrighted
material. Now, anyone with an internet connection can copy and distribute content in seconds,
making it difficult to track and monitor every instance of infringement. The anonymity provided
by the internet means that it can be challenging to trace the source of infringement, making it
difficult for owners to hold those responsible accountable.

One of the most significant challenges of enforcing copyright in the digital age is the emergence
of peer-to-peer (P2P) networks, e.g., itTorrent,and Utorrent), which allow users to share files
without any centralised control. The rise of these networks has made it possible for users to share
copyrighted material on a massive scale, making it almost impossible for copyright owners to
track and monitor all instances of infringement. While some P2P networks have been shut down,
new ones continue to emerge, and it remains challenging to shut them down altogether.

In addition to these challenges, there are also issues of jurisdiction when it comes to copyright
enforcement in the digital age. Copyrights are territorial in nature. This means the existence,
content, and expiration of the copyright are subject to the laws of the country in which the use or
infringement occurs4. With the internet, content can be distributed globally, making it difficult to
determine which jurisdiction has authority over a particular case. This creates a legal grey area
that can be exploited by infringers, making it challenging for owners to pursue legal action
against infringers.

Another significant challenge to copyright enforcement in the digital age is the difficulty of
proving infringement. With digital content, it can be challenging to prove ownership and
demonstrate that someone has used that content without permission. This is especially true for
cases where copyrighted material has been remixed, altered, or otherwise transformed in some
way. This difficulty in proving infringement can make it challenging for owners to pursue legal
action against infringers, leading to a feeling of helplessness and a sense that they have lost

4
G.M. Kanja; Intellectual Property Law (2006) Published by UNZA Press, Lusaka
control over their intellectual property. The YouTube scandal, which rocked the social media
behemoth early last year, is a prime example of this. Popular YouTube channel Lofigirl, which
has about 11 million subscribers and over 800 million views, provides relaxing music for
studying or chilling. A Malaysian music company claimed copyright on the musical work
portrayed in Lofigirl. YouTube had shut down the stream due to a false copyright claim.
YouTube later confirmed that the copyright infringement claims were "abusive" and "false."
The claimant's channel was later terminated5. The difficulty of determining whether the work is
remixed or copied is a grey area for many creators and owners.

Finally, there is the issue of changing attitudes towards copyright in the digital age. Many people
believe that content should be freely available and that copyright laws restrict creativity and
innovation. This attitude has led to a culture of piracy that makes it difficult for owners to protect
their intellectual property. Furthermore, the widespread availability of pirated content has made
it difficult for creators and owners to monetize their work, leading to financial loss and a
disincentive to create new content.

Recommendations

One solution is copyright holders should be encouraged to register their work. The world is a
pretty small place in this day and age of the internet, and work can be easily reproduced. Your
work must be properly copyrighted to avoid plagiarism and to establish you are the original
creator/author if you are accused of copying someone else's work or if someone copies your
work. Establishing your ownership of a work's copyright is far more difficult than you may
think. Registering original files with a date and time stamp, as well as information about the
work and proof of work concept and development, provides unambiguous proof of authorship
and ownership. Although it is not required, registration is extremely beneficial.

Another solution is to increase awareness about copyright laws and their importance. Many
people are unaware of the laws governing copyright and the penalties for violating them.
Educating the public about these laws can help reduce instances of copyright infringement.
Schools, universities, and organisations can help raise awareness by incorporating copyright
education into their curriculums and training programs. Zambia Music Copyright Protection
5
https://www.npr.org/2022/07/16/1111588405/lofi-girl-youtube-stream-copyright#:~:text=Basically%2C%20Lofi
%20Girl%20is%20everywhere,to%20a%20false%20copyright%20claim.
Society (ZAMCOPS), Zambia Reprographic Rights Society (ZARRSO), and other institutions
must step up their sensitization efforts so that the masses can be able to understand copyright.

A different approach would be to employ technology to enforce copyright. To meet these new
problems, the Copyright and Performers Act6 must be revised. Owners should be required to
utilise digital watermarking and encryption technology to track and prevent unauthorised
copying of protected materials. Digital watermarks, for example, can be put in photographs or
films to help identify the original artist and track any unauthorised use of their work.

In addition, Zambia should create a simple legal process that allows owners and authors to
takedown pirated works, similar to the DMCA takedown process. The copyright holders can take
advantage of the takedown process, which allows them to request that internet service providers
(ISPs) remove infringing content from their websites. While this process is not foolproof, it can
be effective in removing infringing content quickly, affordably, and easily.

Copyright holders can also use social media and other online platforms to promote their work
and engage with their audience. By building a strong online presence, creators can increase their
visibility and encourage their audience to support their work. This can also help them identify
and address instances of copyright infringement (such as the story of Lofigirl mentioned above).

Copyright enforcement agencies can work together to create global standards for copyright
protection. The World Intellectual Property Organization (WIPO) has been working on
developing international standards for copyright protection. By establishing global standards,
copyright enforcement agencies can work together to protect the rights of creators and ensure
that their work is properly protected. Agencies should be in constant consultation with WIPO in
order to know the latest trends and techniques in combating copyright online.

Finally, authors and creators of creative media content in Zambia should, in addition to available
legal frameworks, adopt independent modern technological measures such as access control and
copy control. It is software that allows a user to check the creator's work for free or illegal use.
Under the WIPO Copyright Treaty, anyone who circumvents such technology may be held liable
for infringement and may use watermarking technology to protect their work and prevent undue
exploitation.
6
Ibid 1
In conclusion, copyright enforcement in the digital age presents significant challenges for
creators, owners, and consumers. While technology has made it easier to create and distribute
content, it has also made it easier to infringe on the intellectual property of others. Addressing
these challenges will require a multifaceted approach, including technological solutions, legal
reforms, and a shift in attitudes.