The Indian Copyright (Amendment) Act of 2012 and American Digital Music Exports: Why the United States Should Make Stricter Anti-Circumvention Laws in India an American Diplomatic Priority
Published Web Locationhttps://doi.org/10.5070/LR8202027167
India presents the American music industry with a new frontier.
Thanks to the wide distribution of cell phones, an expanding digital infrastructure,
and a growing appetite for music entertainment, India has
become an important digital music export market for the United States.
However, widespread digital piracy has hampered India's potential as
a digital music market. In the United States, anti-circumvention laws
have established a legal infrastructure that defends a digital access
right independent of copyright. As a result, the United States has witnessed
the emergence of services that offer low priced digital music
that has managed to curb piracy. This article argues that the Indian
Copyright (Amendment) Act of 2012 fails to provide for the independent
access right that serves as the legal backbone of America's digital
music marketplace. In order to unlock the gateway to India's expanding
digital music consumer base, this article advocates that the United
States make the adoption of stricter anti-circumvention laws in India
an American diplomatic priority.