COPYRIGHT IN THE DIGITAL AGE:A CRITICAL ANALYSIS OF OTT PLATFORMS AND ONLINE PIRACY IN INDIA

ABSTRACT
The expansion of digital technologies has fundamentally reshaped the production,
dissemination, and consumption of creative content in India. The emergence of Over-the-Top
(OTT) platforms such as Netflix, Amazon Prime Video, and Disney+ Hotstar has altered
traditional models of content distribution by enabling on-demand, platform-based access to
audiovisual works. While this shift has generated new opportunities for creators and expanded
consumer choice, it has simultaneously intensified concerns relating to unauthorised access
and digital copyright infringement.
The legal framework governing copyright in India is primarily rooted in the Copyright Act,
1957, as amended in 2012, alongside the Information Technology Act, 2000. These laws
attempt to address issues arising in the digital environment, including intermediary
responsibility and technological protection measures. Despite these provisions, enforcement
remains inconsistent, particularly due to the borderless nature of the internet and the rapidly
evolving methods used for piracy.
Judicial responses have introduced mechanisms such as website blocking orders and dynamic
injunctions to curb infringement. However, these measures raise important concerns regarding
proportionality and their potential impact on freedom of expression. This study evaluates the
effectiveness of existing legal and judicial approaches in addressing piracy associated with
OTT platforms.
The research further analyses enforcement challenges, the role of intermediaries, and the
economic implications of piracy. By comparing Indian practices with international models
drawn from the United States and the European Union, the study identifies structural gaps and
proposes reforms aimed at strengthening enforcement while maintaining a balance between
private rights and public access in the digital ecosystem