Digital Preservation (DP) in India is a very recent
concept that has not even been conceptualised properly. There is
neither a legal framework in this regard nor national policies and
strategies in India.
Although a National Digital Preservation Programme
(NDPP) of India has been launched but it is at a very nascent stage.
DP is becoming an important requirement all over the World and India
cannot ignore the importance of the same.
The DP initiatives are facing many road blocks that
are preventing them from materialising in India. For instance,
Intellectual Property Rights (IPRs) are occasionally found on the
crossroads of DP initiatives. The IPRs Issues in the digital era are
also closely related to the requirements of DP in India.
With the rapid advancement of technology day by day,
old applications and methods are becoming obsolete. We need to
upgrade them from time to time. We also need to change form of
various IPRs protected works from one form to another. This sometimes
results in copyright, trademark, patents, etc violations.
In short, IPRs issues in the digital era and cyber
space are difficult to manage and we need both good policies and laws
to manage the same effectively.
According to Digital Preservation Expert and
managing partner of ICT law firm Perry4Law
Mr. Praveen
Dalal "DP issues are also going to be more
complicated with the enactment of laws like Digital
Millennium Copyright Act, 1998 (DMCA). Efforts are in the
pipeline for adoption of an efficient Digital Rights Management (DRM)
system in India. This seems to be a step in the direction of
protecting fast-growing Indian digital entertainment and media
industry.
This may not be fruitful if we fail to appreciate
the ground realities existing in India. India needs a Techno-Legal
Law that is in conformity with Indian Standards and
Norms”. The first and foremost requirement for DP in India is to
formulate a good and effective techno-legal digital preservation
policy of India.
The task is really difficult unless good experts are
involved in this much needed project. With the basic policy framework
we can further proceed towards techno-legal framework as well.
