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

  1. 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. ↩︎
  2. 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 ↩︎
  3. 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. ↩︎
  4. Insurance Terms & Definitions/ Software Piracy accessed on the 25th of march,2025  https://foundershield.com/insurance-terms/definition/software-piracy/ ↩︎
  5. 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 ↩︎
  6. ibid ↩︎

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