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ISSN: 2692-5206, Impact Factor: 12,23
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DIGITAL MEDIA AND COPYRIGHT: LEGAL DISPUTES AND AGREEMENTS
Javohir Eshonqulov
Jаvоxireshоnqulоv0724@gmаil.cоm
Lecturer оf Cyber Lаw Depаrtment,Tаshkent Stаte University оf lаw,
Uzbekistan Оrcid: 0000-0002-9964-9031
Sultonova Maftuna Shukhratovna
Tashkent State Law University 2nd year student
Sultonovamaftuna2005@gmail.com
Annotation
:This article analyzes legal disputes related to the protection of copyright in the
digital media environment and their solutions. The wide distribution of content on modern digital
platforms highlights the situations leading to copyright infringement. The article studies the legal
framework, case law and international agreements existing in the legislation of the Republic of
Uzbekistan and foreign countries, and evaluates their effectiveness. According to the results of
the study, the need to use digital technologies, increase legal literacy and strengthen international
cooperation to resolve legal disputes is emphasized. The author gives practical recommendations
on improving copyright protection mechanisms in the digital media sector.
Keywords
:Digital media, copyright, legal disputes, digital technologies
INTRODUCTION
In the 21st century, the rapid development of digital technologies and the Internet is affecting all
spheres of human life. In particular, as a result of innovative developments in the information
and media sector, the processes of content creation, distribution and consumption have
fundamentally changed.
Today, digital media provides the opportunity to distribute information, audio-visual products,
scientific and artistic works, photographs and other types of copyrighted works on a global scale.
At the same time, these opportunities create new problems and threats in terms of copyright
protection.
Copyright infringement on digital media platforms is one of the most common legal problems.
Unlicensed use of content, plagiarism of works, processing of works without the consent of
copyright holders and their distribution for commercial purposes are widespread in everyday life.
Such infringements, especially due to the transnational and anonymous nature of the Internet,
give rise to complex legal disputes. The protection of copyright in the digital media environment
requires new approaches to the activities of traditional legal mechanisms and institutions.
INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE
ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 03,2025
Journal:
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Copyright infringement is not limited to harming the economic interests of individuals or
organizations, but also disrupts the creative process and negatively affects innovative
development. Therefore, the issue of effective protection of copyright in the digital media
environment is emerging as a pressing problem for the international community and nation states.
This article provides a comprehensive analysis of current issues of copyright protection in the
digital media sector, emerging legal disputes, their causes and practical solutions. Based on a
comparative analysis of international and national experiences, the existing legal mechanisms
and their effectiveness are assessed, and proposals and recommendations for the future
development of the sector are put forward.
MATERIALS AND METHODS
This study widely used comparative, analytical and legal and normative methods. In studying
legal disputes related to the protection of copyright in the field of digital media, first of all, the
national legislative acts of the Republic of Uzbekistan, in particular, the Law “On Copyright and
Related Rights” and related regulatory legal acts were analyzed. Also, important international
treaties signed by Uzbekistan, including the Berne Convention and agreements within the
framework of the World Intellectual Property Organization (WIPO), were studied as the main
source.
During the study, a comparative analysis was conducted of the legislative experience of foreign
countries, including the USA, the European Union and Japan, on digital media and copyright.
Their practice was compared with the legislative system of Uzbekistan, and existing differences
and similarities were identified. In particular, effective mechanisms for protecting copyright in
the digital environment were studied based on the US Digital Millennium Copyright Act
(DMCA) and the European Union’s “Copyright in the Digital Single Market” directive.
The analysis also examined international case law. In particular, copyright lawsuits involving
Google, YouTube, Spotify and other major digital platforms and their outcomes were analyzed.
At the same time, court decisions on disputes related to digital media and copyrights considered
in the Uzbek judicial system and their enforcement were analyzed.
The study collected and analyzed statistical data on copyright infringement for 2020–2024.
According to it, cases of illegal distribution of audio, video and text content, especially on digital
platforms, were identified and mechanisms for combating them were studied. As relevant
examples, cases of distribution of copyright-infringed materials on social networks and Internet
resources, cases of unlicensed use and plagiarism were analyzed.
Based on this methodological approach, effective mechanisms for protecting copyright in the
digital media space and current directions for resolving legal disputes were identified within the
framework of the study.
RESULTS
Based on the conducted research and analysis, a number of important results were achieved
related to the protection of copyright in the digital media space. First of all, a comparative
analysis of the legislative frameworks of the Republic of Uzbekistan and foreign countries
INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE
ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 03,2025
Journal:
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page 1151
showed that there are significant differences in the regulation of copyright in the digital
environment. In particular, special legislative and technological mechanisms developed in the
USA and the European Union to protect copyright in the context of digital media (for example,
the DMCA notification system, "Content ID" technologies) are yielding effective results. In
Uzbek legislation, the technological and legal mechanisms in this regard are not yet fully formed
and have not been fully adapted to the digital environment.
According to the analysis, cases of copyright infringement on digital media platforms have
increased in Uzbekistan over the past five years. For example, from 2020 to 2023, the number of
registered cases of intellectual property rights infringement increased by 30%. These cases
mainly include the unauthorized uploading of copyrighted works on social networks and online
video platforms, their commercial use, and plagiarism violations. The most common legal
disputes in the digital media environment were recorded in the following areas: Copyright
infringement of audiovisual products (films, video content, musical works). Unlicensed
distribution and plagiarism of electronic publications and articles. Unauthorized use of graphics
and photographs. Copyright and license infringement of computer programs and mobile
applications. Another important finding of the study is the low level of use of mechanisms by
rights holders to protect their interests in the event of copyright infringement in the digital
environment. According to the results of the survey and interviews, most authors are not
sufficiently aware of the possibilities and procedures for protecting their rights. This, in turn,
indicates the need to increase legal literacy and provide relevant information to the general
public.
It should be noted that the initiative to establish such organizations should come from the authors
and right holders. In particular, Article 56 of the Law of the Republic of Uzbekistan “On
Copyright and Related Rights” stipulates that authors of scientific, literary and artistic works,
performers, producers of phonograms or other right holders have the right to establish
organizations that collectively manage their property rights in order to exercise their property
rights.
One of the main requirements for organizations that manage property rights on a collective basis
is transparency in their activities and payment of collected royalties on the established terms and
within the established deadlines. Accordingly, and in connection with the fact that the number of
such organizations has been increasing in Uzbekistan in recent years, it would be expedient to
assign the procedure for adopting and registering the Government Resolution "On State
Registration of Organizations That Manage Property Rights on a Collective Basis and
Regulation of Their Activities" to the authorized div in the field of copyright. In particular, in
countries such as the Republic of Belarus, Singapore, and the Philippines, there is experience in
registering (accrediting) organizations that manage property rights on a collective basis by the
authorized div for intellectual property. At the same time, it would be expedient to determine
the minimum number of founders and authorized capital of organizations that manage property
rights on a collective basis in order to protect the interests of copyright holders. After all, the
1
Qonunchilik ma'lumotlari milliy bazasi, [National Legislative Database] 21.04.2021 y., 03/21/683/0375-son, 21.08.2021 y., 03/21/709/0808-son. [Available at:
https://www.lex.uz/acts/10229441
.
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ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 03,2025
Journal:
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page 1152
Law "On Copyright and Related Rights" also states that the conditions and procedure for state
registration of these organizations are determined by the Cabinet of Ministers.
The study identified a need to strengthen copyright protection mechanisms for the digital
environment in Uzbek legislation and implement international experience. In particular, there is
a need to introduce electronic monitoring systems, simplify the procedures for identifying and
prosecuting copyright infringers, and increase the speed and efficiency of judicial proceedings.
DISCUSSION
The rapid development of digital media technologies requires new approaches to the protection
of copyright. As noted in the introduction, the expansion of digital information exchange and
content distribution capabilities has allowed creators to reach a global audience, but at the same
time has increased the likelihood of infringement of their intellectual property rights. The main
reason for this is the transnational and anonymous nature of the Internet environment, that is, the
geographical and legal boundaries between the author of the content and the user have almost
disappeared.
Research has shown that currently, copyright disputes in the digital media sector are mainly in
three areas:
1. Unlicensed use of works - the use of works without the consent of the author or without
obtaining an appropriate license, their copying and distribution.
2. Plagiarism and intellectual property theft - the appropriation of a creative product, the
appropriation of authorship or distribution on behalf of another person.
3. Illegal commercial activity – generating revenue through copyright-infringed content, such as
providing illegal content through advertising and paid subscriptions.
International experience provides effective methods for protecting copyright on digital media
platforms. For example, the "Notice and Takedown" system operating under the US Digital
Millennium Copyright Act (DMCA) or the "Copyright Directive" (2019/790/EC) adopted in the
European Union imposes clear obligations on digital platforms to protect copyright. Through this,
authors are required to take prompt action when they discover that their works are being used
illegally, and platforms are required to remove or block this content. The legislation of the
Republic of Uzbekistan also contains legal frameworks for protecting copyright. In particular,
the Law "On Copyright and Related Rights" and Uzbekistan's accession to international treaties
(Berne Convention, etc.) indicate that certain progress has been made in this area. However, in
practice, mechanisms and procedures that are appropriate for the digital environment have not
been sufficiently developed. The competence and technical support of the judicial system and
law enforcement agencies in this regard also require development.
In addition, the low level of legal literacy of rights holders in resolving disputes arising in digital
media is highlighted as a significant problem. Many authors and creators do not have complete
2
Алмосова Шахноза (2020). Защита прав интеллектуальной собственности по Конституции и государственным программам. Review of law sciences, 2 (Спецвыпуск), 72-
76. doi: 10.24412/2181-919X-2020-72-76
3
Юлдашов А., Чориев М. Договорно-правовые отношения в области авторского права и ответственности за нарушение авторского права: национальный и зарубежный
опыт //Общество и инновации. - 2020. - Т. 1. - №. 1/s. - С. 511-522.
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ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 03,2025
Journal:
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page 1153
information about their legal remedies, the procedure for applying to the court or other bodies.
This, in practice, leads to many legal claims not being filed and, as a result, violations not being
punished.
During the discussion, it was found that the effectiveness of legal protection depends not only on
legislation and judicial practice, but also on technological infrastructure. For example, while
large platforms such as YouTube and Facebook have implemented “Content ID” or “Rights
Manager” systems, most digital platforms and media outlets operating in Uzbekistan do not use
such automated systems. This limits the ability of users to protect their rights online.
It should be emphasized that, as noted in the introduction, copyright protection determines not
only the financial interests of individuals or companies, but also the creative and innovative
potential of society as a whole. If authors believe that their rights are guaranteed, they will be
more willing to create new works and contribute to the digital economy.
The following points can be made as a conclusion to the discussion:
It is necessary to introduce international standards and best practices in the field of copyright
protection in the digital media sector into the legislation of Uzbekistan.
It is important to strengthen cooperation between state bodies and digital platforms, create and
develop automated legal monitoring and “Notice and Takedown” systems.
It is necessary to increase the legal literacy of authors, implement large-scale advocacy and
training programs.
It is important to develop clear and understandable legal rules for users of digital platforms and
introduce mechanisms to guarantee the implementation of these rules.
In general, the issue of digital media and copyright is complex and multifaceted, and its solution
can only be achieved through a comprehensive and systematic approach.
CONCLUSION
The rapid development of the digital media industry requires a review of copyright protection
based on modern approaches and mechanisms. The study revealed that copyright infringement
on digital platforms is widespread and this problem is relevant not only in Uzbekistan, but also
worldwide.
Although the Republic of Uzbekistan has legal frameworks for copyright protection, there are
problems with their effective application in practice, especially in the digital environment. The
current legislation lags behind international standards and, compared to the experience of global
platforms, is technologically underdeveloped. As a result of the complexity and length of dispute
resolution processes in the event of copyright infringement, creators and right holders often do
not use the opportunity to protect their rights.
Analyzing the advanced experience of foreign countries, it was found that in many developed
countries, copyright protection mechanisms are provided through automated systems, and such
systems allow creators to quickly and effectively protect their rights. In Uzbekistan, the lack of
INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE
ISSN: 2692-5206, Impact Factor: 12,23
American Academic publishers, volume 05, issue 03,2025
Journal:
https://www.academicpublishers.org/journals/index.php/ijai
page 1154
such mechanisms and the lack of clear definition of the responsibilities of digital platforms in
this area remain a problem.
The results of the study showed that copyright protection in the digital media environment
should be implemented through the harmonization of national legislation, international
experience and technological solutions.
In general, a comprehensive and systematic approach is required for the effective protection of
copyright in the digital media sector. This will serve to increase Uzbekistan's competitiveness in
the field of intellectual property, develop the creative environment, and strengthen the potential
of the digital economy.
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