LIBRARY DIGITIZATION AND INTELLECTUAL PROPERTY RIGHT ISSUES

ABSTRACT

Everyone is intelligent when they are born, albeit to varying degrees. Each individual is unique
and possesses a unique set of abilities. The English term "intellect" is derived from the Latin
word "intellectual," which denotes the power of thought as opposed to the power of emotion.
Man has the capacity to acquire new things and apply them as and when necessary throughout
his entire life. Academics make their living through intellectual property, which is nothing more
than the product of their original ideas and creative thinking and is classified as academic
property. Intellectual property is ownership of an intangible object. As a result, an item covered
by an IP property is occasionally referred to as an immaterial good. This new field of intellectual
property is now given a lot of significance by people. All inventions, including those created in
all areas of human endeavor, scientific discoveries, business designs, etc., are protected by
intellectual property rights. (IPR). In this article, a number of IPR-related ideas and problems
have been highlighted. Here, the concepts of "fair use" and "not fair" are covered. LIS experts
are reportedly crucial for harmonising the copyright act. Additionally, it illustrates how Indian
property laws have evolved.

Keywords: Geographic Designation, Patent, Trademark

INTRODUCTION

As libraries transition from traditional paper to electronic resources, their work practises are
drastically changing in the digital age. Everything in libraries today has changed, from document
gathering to service delivery. The traditional library has been replaced by a digital library
because documents can now be readily inspected in digital form on computers and through the
internet without restrictions on time or space and with original quality standards. Because the
digital library aims to be an information facilitator, publishers see libraries as rivals to libraries.
As libraries work to provide free access to knowledge to their users through the use of reasonable
uses, intellectual property rights can be vital and essential in preventing conflicts between
libraries, writers, and knowledge producers. This still holds true in today's technological era.
It's time to reexamine intellectual property rights and emphasise their importance in safeguarding
both the individuals who create information and the organisations that provide access to it for
both personal and scholarly use.

WHAT IS INTELLECTUAL PROPERTY RIGHT?

Intellectual property refers to all creations made by the human mind, including inventions,
business models, logos, music, books, symbols, names, and other literary or artistic works. Like
other kinds of property rights, intellectual property rights are non-exclusive. They allow the
company's owner to profit entirely from the idea that inspired the finished item. They grant them
the authority to stop the improper handling, application, or tampering of their products. Actually,
he or she has the power to order them to stop, sue them, and hold them responsible for any harm.

WHY INTELLECTUAL PROPERTY RIGHTS?

The intellectual property rights were essentially recognized and accepted all over the world.

Some reasons for accepting these rights are:

 To provide incentive to the individual for new creations.

 Providing due recognition to the creators and inventors.
 Ensuring material reward for intellectual property.
 Ensuring the availability of the genuine and original products

HISTORY OF INTELLECTUAL PROPERTY RIGHT

The IPR is not a brand-new concept in academia. Filipo Brunelloschi received the first patent in
the Florentine Republic in 1421, granting him a three-year monopoly on his invention regarding
special hosting tools used by criminals. IPR techniques were first applied during the Renaissance
in North Italy. A law governing patent protection was published in Venice in 1474, granting the
owner a monopoly. When Johannes Gutenberg created the printing press in 1440 with replicable
wooden or metal characters, the first copyright was created. Both the Peris Convention for the
protection of commercial property and the Bern Convention for the protection of literary and
artistic works were approved in 1886. In the 19th century, a lot of nations felt the need to
establish IPR-related legislation. In order to protect IPR, the Indian government passed a number
of laws and regulations after declaring its independence. These rules and laws were developed,
improved, and sharpened over time.

A person with an erratic relationship to time and technology. The following are examples of
potential regulatory frameworks for safeguarding intellectual property:

 Contract Act, 1872

 The Trade Marks Act, & (Amendment) 1999, 2002
 Copyright Act, 1957 & (Amendment) 1994, 1999,2012
 The Patents Act, 1970 & (Amendment) 2005,2006
 The Designs Act, 2000, 2008
 Plant Breeder Right, 2001
 Geographical Indications of Goods (Registration and Protection) Act, 1999, 2002
TYPE OF INTELLECTUAL PROPERTY RIGHT

Types of intellectual property are:

Patent

A patent, which is a full legal right granted by a country, enables an idea creator who satisfies
certain legal requirements to create, use, produce, and identify their work.

Design: Design is a process for developing goods that will be mass-produced with technology.

Copyright : Copyright grants exclusive legal rights to those who create artistic works, such as
music, film, books, works of art, and computer programs, for a predetermined period of time.

Trade Secret: A trade secret is anything that a business uses to gain an advantage over
competitors or clients but that is not publicly known as a strategy, process, design, tool, template,
etc.

Supplementary Protection Certificate: Some rights associated with a copyright's term are
extended by a "Supplementary Protection Certificate," a type of intellectual property. When the
first patent expires, it takes effect. Several regulated, biologically active substances, such as plant
protection products and medications for humans or animals, are allowed to have this kind of
permission.

Semi-conductor Topographic Rights:

The semiconductor product is an integrated circuit on a chip in its final or intermediate state. The
rights granted by the official title are equivalent to those granted by patents, trademarks,
industrial designs, copyrights, and other neighbouring rights. A protected area's owner, who also
has the authority to forbid others from copying or selling it, is the only one who may use it.

Plant Variety Rights: Plant breeders who create new plant varieties receive these benefits,
which are also referred to as "plant variety rights." The breeder has complete control over how
the new varieties are produced and gathered for a certain amount of time.

Geographical Indications: A geographical indication is placed on products that have

characteristics, a picture, or a geographic origin that can be identified.
Mask Work: "Mask works" are defined as a collection of linked images that have or display a
predetermined three-dimensional design made of metallic, insulating, or semi-conductor
material, regardless of how they are created or encoded.

Tangible Research Property: All physical items produced during research or other projects
funded by organisations or outside sources are considered tangible research property.

Database Rights: Integrated circuit processors, computer algorithms, biological elements, and
technological structures are just a few of the parts that make up TPR. A database privilege is
granted to the person who funds, selects, and arranges the database's content. In order to protect
intellectual property rights, any research, innovations, or ideas that produce a method, design,
technique, literary or creative work, etc. and have the potential to be profitable are reported.

NEED OF IPR

 Monetary profit is the most important, in most cases, the only motive behind man‘s relentless
toil, inventiveness and ingenuity.
 With the advent of technology one of issue is legal characterization of the new invention.
 It is created to protect the rights of individual to enjoy their creations and invention.
 Created to insure protection against unfair trade practices.
 To assure the world a flow of useful, informative and intellectual works.
 To encourage the continuing innovativeness and creativity of owners of IPR.

LITERATURE REVIEW:

Bomanwar considered intellectual property rights in the context of new information society,
noted the thrust area of economic activity shifted to knowledge based industries and intellectual
goods, and described impact of piracy of intellectual property act viz. viopiracy, geopiracy and
IT products of new information society. He noted that developed countries demand protection
against piracy while developing countries feel that such protection will prevent entry of new
comers and felt that in the free flow of information IPR was hurdle to it [2].

Panda; K C and others examined copyright law in the electronic age and noted proliferation of
electronic information creating interest in the minds of authors, publishers, users and
intermediates regarding the copyright law. Discussed the role of IFLA in the protection of copy
right in the global scenario and concluded that there is an urgent need to reconsider the existing
copyright law to make it suitable in electronic age [3].

Lakshmana Moorthy, A and Karisiddappa, C.R. observed copyright and electronic

information, observed the main objectives of copyright law as promoting the access and the use
for information and protecting the work from infringement and for encouraging the authors for
pursuit of knowledge. They discussed the Indian Copyright law 1957 and its amendments,
mentioned major worldwide projects to protect copy right of electronic information and
concluded that the library professional should negotiate few electro copying privileges for
legitimate non-commercial usage of electronic information similar to the kind of fair use as in
the case of printed materials.

Murthy, T.A.V. and Jain, S.P. they found the present copyright law which was framed after the
invention of the printing press as by and large being forced on the existing electronic
environment and felt that there is need to modify the IPR which confers exclusive right to the
author to exploit the work created by him/her for monitory gains in compensation of labour, skill
and capital investment in generating information.

DIGITAL LIBRARIES:

Digital Libraries (DL) are now emerging as a crucial component of global information
infrastructure, adopting the latest information and communication technology. Digital Libraries
are networked collections of digital texts, documents, images, sounds, data, software, and many
more that are the core of today's Internet and tomorrow's universally accessible digital
repositories of all human knowledge.

According to the Digital Library Federation (DLF, USA - http://www.dlf.org), "Digital libraries
are organizations that provide the resources, including the specialized staff, to select, structure,
offer intellectual access to, interpret, distribute, preserve the integrity of, and ensure the
persistence over time of collections of digital works so that they are readily and economically
available for use by a defined community or set of communities".
In India currently the concept ‗Digital Library‘ is being practiced by and large loosely or even
confused by many information systems. It is therefore imperative that the concept is properly
understood so that there is no ambiguity while we progress with the work of designing or
developing a digital library which is fully justified in the technical sense of the word. It is
important that embarking on a digital library project is something which will take away
substantial amount of time, energy, manpower and of course the hard earned money being
pumped into it – be it for system development or towards development and maintenance of the
collection, in a meaningful way. There is consensus all over that there exists a very large
quantum of digital information, scholarly as well as trade, which are scattered and distributed
throughout the Net and also being stored in numerous other databases and repositories spread
across the world. Also there is an unprecedented technology support and availability of
infrastructure for digital libraries.

IPR IN INDIAN DIGITAL ENVIRONMENT:

Deming Zhou while discussing Chinese copyright protection system has raised specific issues of
IPR in digital context. These are also relevant in the Indian context. The advent of digital
technology has greatly accelerated the dissemination and distribution of information with great
speed and accuracy never seen before. It is much easier to disseminate literary, artistic and
scientific work to a very large community of Internet users and users of electronic media. At the
same time poses some problems and issues for consideration. The major issues are,

 Is digitization to be considered as similar to reproduction, for example using Xerox

machine?
 Is digitization a deductive activity such as translation from one language to another? Can
transmission of digitized documents through Internet be considered as commercial
distribution or public communication similar to broadcasting?
 Is the principle of exhaustion of the distribution right still effective in the digital age? Can
we consider a database as a special collected work that should be protected by the
copyright law or it can be considered as a special work requiring specific legislation for
its protection?
 What can be considered as ―Faire use‖ in the Internet environment?
  What are the concerns of the library community?
 In the digital context if access could be technologically restricted by the copyright owner,
how could the public exercise fair use with regard to those work?
 Whether libraries should be prevented from employing digital technology to preserve
work by making three copies-an archival copy, a master copy and a use copy? Whether
Internet Service Providers (including libraries and educational institutions) should be
liable for copyright infringement merely because they facilitated transmission of digital
data (Zeroes and Ones) that translated into another party‘s copyrighted work.

The issues mentioned above are specific to the library community. The libraries as a service have
allowed their users to read a document, to browse through the whole collection; to search
through the library catalogue; to supply Xerox copy for specific individual research and
education purpose; to procure photocopies of articles from other libraries or clearing centres; to
widely distribute the re-produced copies of documents requiring public awareness and to provide
inter library loan service. Whether all these activities will continue in the digital age? If
digitization is considered as reproduction, it is clear that in digitization the initial work is merely
changed into the digital form and the process of changing is accomplished by a machine, without
any creativity. At the same time if it is considered as a translation from one language to another,
the digitization is also a change from natural language of humans in to binary language of
machine. In digitization however, there is no creativity involved and it could be considered as an
activity similar to reprography. The copyright protects creative works. Simply transformation in
to the digital form of an original document cannot be considered as creative.

IPR & LIS PROFESSIONAL

Beginning in the early 18th century, as printing technology developed, England's Queen Anne
granted the publishers' request to protect their rights from piracy. After copyright legislation was
formally approved in England in 1710, the United States did likewise in 1790, and France did
likewise in 1793. To protect the rights of information producers, a number of international
organisations were established. These organisations continue to work to make sure that their
associate nations uphold the copyright act. Take as examples the Copyright Convention from
1952, the Paris and Berne Treaties from 1971, and the Berne Convention from 1886. In 1967, the
World Intellectual Property Organization (WIPO) came into being. Both the World Trade
Organization (WTO) and the United Nations Educational, Scientific, and Cultural Organization
are now equally responsible for managing the trade-related aspects of intellectual property rights.
(UNESCO). (TRIPS).

In 1958, the 1957 India Copyright Act became operative. The Copyright Act has undergone six
revisions since it was first introduced: in 1983, 1984, 1992, 1994, 1999, and 2012. The
Copyright (Amendment) Act of 2012 is the most important. The primary reasons for the
amendments to the Copyright Act of 1957 are compliance with the WIPO Copyright Treaty
(WCT) and WIPO Performances and Phonograms Treaty (WPPT), protection of the music and
film industries and their concerns, needs of the physically disabled and the interests of the author
of any work, incidental changes, the removal of operational facilities, and the enforcement of
rights. The Copyright Act underwent significant revisions in 2012, including the extension of
copyright protection to the digital sphere, the creation of statutory licences for cover versions and
broadcasting organizations, fines for violating technological protection measures, rights to
management information, and liability of internet service providers, as well as assurances of the
right to royalties for writers and music composers and exclusive economic rights.

Actors' moral rights, authors' and other right holders' equal participation rights in copyright
organizations, and copyrights that prevent people with physical disabilities from accessing any
works are all issues that need to be addressed. On March 14, the 2013 Copyright Rules were
made public.

INTELLECTUAL PROPERTY IN DIGITAL CONTEXT

Without a clear understanding of copyright and its fair uses, the digitization of libraries and the
services they offer will be more contentious because libraries are at the forefront of the fight to
make India a digital India. Libraries are evolving both physically and virtually in the digital age.
Digitization has changed the services that libraries provide; in the past, a library was only a place
to store books. A user may take it outside of the library due to the large number of alternatives
that are available. Thanks to modern technology, the constraints of space and time are no longer
an issue. Through the World Wide Web, it makes it possible for numerous viewers to view
numerous copies of the same work concurrently and without time constraints.

The library runs into copy right issues as it switches from having physical boundaries to having
an internet portal. The automated computer categorization takes place as the first step in the shift.
The second step involves digitising library assets, and the third stage entails making these digital
papers available to the general public online. The copyright act dispute is set to go through
phases two and three. The collection of rights known as copyright contains the freedoms to
reproduce, disseminate copies, interact with the public, modify, and analyse. These privileges
can be passed. Mechanization of a product impacted each of these. When a library examines a
collection, the replication and change rights are also included. Reproduction involves the
technical storing of a work in any format, as opposed to adaptation, which refers to reordering or
change of a work. All of these actions that come under the categorization of "change and
alteration" take place during the digitization process. These digital works were disseminated to
the public unlawfully when they were uploaded on websites. The copyright act is more essential
in the digital era as users are now ethically more accountable for their activities. Users need to be
mindful of how the law might interpret their activities.

CONCLUSION

In the digital era, protecting intellectual property rights is important. Libraries are now providing
more services to new groups as a result of the fast growth of technology. According to the fair
use concept, information to its customer. Conflict scenarios are developing, though, because
intellectual property rights do not adjust to changing conditions. By establishing digital right
management to implement and safeguard the intellectual property, the digital libraries and library
suppliers are defending the digital documents. While offering users more freedom when using
their resources, digital libraries also increase their users' social and legal responsibility. Libraries
must find a compromise between fair use of knowledge and property rights in the quickly
changing global digital world in which we live in order to safeguard the writers' and producers'
bottom lines. For this reason, IPR knowledge initiatives ought to be a major component of
libraries. The primary worry of digital libraries today regarding the use of digital content is legal
concerns, especially copyright and contract/license conditions of leased digital materials.
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