TOPIC: CHALLENGES IN PROTECTING INTELLECTUAL PROPERTY IN THE DIGITAL SPACE, SUCH AS SOFTWARE PIRACY AND COPYRIGHT INFRINGEMENT ON STREAMING PLATFORMS.
1.1 INTRODUCTION
Intellectual property refers to creations of the mind for example inventions, literary and artistic works, symbols, names, images, designs, etc.. It is a legal concept that grants exclusive rights to creators and owners of original works. Intellectual property (IP) law plays a crucial role in promoting and encouraging innovation, creativity, and economic growth by safeguarding intellectual works.1
1.2 THE IMPORTANCE OF INTELLECTUAL PROPERTY IN THE DIGITAL AGE
With the rise of technology and the internet, it is easy to copy and distribute creative works without the permission of the original owner. This can be devastating for creators and businesses, who rely on their intellectual property for income and success. From music to movies, books to software, protecting IP rights is crucial for ensuring that creators are adequately compensated for their work. Intellectual property (IP) law plays a crucial role in fostering innovation, creativity, and economic growth by safeguarding intellectual assets such as inventions, trademarks, and artistic works.2 It encourages innovation and creativity as IP rights can generate significant revenue through licensing, royalties, and merchandising, it also creates jobs and stimulates economic growth, it fosters competition and innovation, etc.
1.3 DEFINITION OF COPYRIGHT INFRINGEMENT, SOFTWARE PIRACY AND ITS PREVALENCE ON STREAMING PLATFORMS (E.G MUSIC, VIDEO, LIVE STREAMING)
What is Copyright Infringement?
This occurs in a situation when someone uses or distributes a copyright-protected content without permission from the original creator. This can include copying written content, images, music, video, software code, and other creative works.3
What is Software Piracy?
Software piracy is the unauthorized copying, distribution, or use of software in violation of the licensed agreement or copyright.
To combat software piracy and copyright infringement ,the software industry employs various strategies, including:
1. Technological protection measures (e.g., activation codes, digital rights management)
2. Educational campaigns about the risks and consequences of piracy
3. Legal action against major infringers
4. Offering more flexible licensing options and subscription-based models
It’s important for individuals and organizations to understand the risks associated with software piracy and to ensure they comply with all relevant licensing agreements. Using legitimate software not only avoids legal risks but also ensures access to proper support, updates, and security patches, which are crucial for maintaining a secure and efficient computing environment.4
1.4 CHALLENGES IN PROTECTING IP IN THE DIGITAL SPACE
Some of the challenges in protecting IP in the digital space include:
1: With the rapid evolving technology, it is difficult to keep up with new methods of infringement
2: Because of the availability of digital content, it has become easy for people to copy and share copyrighted works without permission. This has led to the significant reduce of creators and distributors of intellectual property and has made it difficult to enforce intellectual property rights.5
3: The high costs of litigation in IP infringement cases can be costly and time-consuming.
4: The lack of awareness and education among individuals and businesses. Many people may not be aware of IP laws and regulations, or may not understand the importance of protecting IP rights.
1.5.RECOMMENDATIONS
1. Relevant stakeholders like the National Library Association as part of their core function, should continue to sensitize members of the public on the need to stop sharing copyrighted content on social media
2. Authors and creators of creative media content in Nigeria should in addition to available legal frameworks should adopt independent modern technological measures such as blockchain and watermarking technology to protect their work and prevent undue exploitation.6
3: Implement effective anti-piracy measures: Develop and implement effective anti-piracy measures, such as content recognition tools and fingerprinting technology.
4: Integrate IP education into curricula: Integrate IP education into curricula to educate students about the importance of IP protection.
5: Report IP infringement to the relevant authorities or streaming platform
- INTELLECTUAL PROPERTY IN THE DIGITAL AGE, https://www.researchgate.net/publication/387823662_INTELLECTUAL_PROPERTY_IN_THE_DIGITAL_AG E, accessed on the 25th of March,2025. ↩︎
- INTELLECTUAL PROPERTY IN THE DIGITAL AGE., The Importance of Intellectual Property in the Digital Age
By Pagel Schulenburg|16 May 2023|Commercial Law
January 2025 ↩︎ - https://profiletree.com/what-is-copyright infringement/#:~:text=Copyright%20infringement%20occurs%20when%20someone,code%2C%20and%20o ther%20creative%20works. What Is Copyright Infringement? A Complete Guide to Identifying and Preventing Violations, accessed on the 24th of march,2025. ↩︎
- Insurance Terms & Definitions/ Software Piracy accessed on the 25th of march,2025 https://foundershield.com/insurance-terms/definition/software-piracy/ ↩︎
- Intellectual Property Challenges in the Digital Age https://www.globalipconvention.com/blog/intellectual property-challenges-in-the-digital-age accessed on the 25th of March,2025 ↩︎
- ibid ↩︎