2. Indian Copyrights Act 1914 was the earliest legislation on
copyrights in India based on the British Copyrights Act of
1911.
Copyrights Act, 1957 is the 1ST
elaborate legislation
The 1957 act has undergone subsequent amendments in
the years1983, 1984, 1992, 1994 and also in the year
1999.
The 1994 amendments were made with provisions to
comply with the latest developments in the field of
computers and digital technologies
The 1999 amendments made amendments in the
provisions concerning to Broadcasters and performers.
INTRODUCTION
3. India is a member of the Berne convention for the
protection of literary and artistic works’,1886
• India is also a member of Universal Copyrights
Convention, Geneva and Universal Copyrights
Convention, Paris,1951
• India is a signatory to the TRIPs agreement.
• India also complies with the provisions of the Rome
convention, even though it was not a member to that
convention.
• India being a member of WIPO, not yet signed the
WIPO Internet treaties of 1996,
• WCT-WIPO Copyrights treaty, 1996
• WPPT-WIPO Performers and Phonograms treaty, 1996.
INTERNATIONAL CONVENTIONS AND TREATIES
ON COPYRIGHTS
4. OBJECTIVES BEHIND THE AMENDMENTS
• The amendment bill introduced in the Rajyasabha on
April 19, 2010 by the ministry of Human Resources
and Development (nearly 38 changes have been
proposed)
• To bring the act in conformity with the WCT and
WPPT.
• To gain clarity
• To remove operational difficulties
• To address new issues that, have emerged in the era
of digital technology and internet
• To effectively protects the copyrights in the digital
environment
• India’s respect to WIPO and international law.
5. PROVISIONS PROPOSED TO BE
AMENDED
• The provisions concerning to
• Sound recording and cinematography.
• Authors, publishers, performers and broadcasters.
• Copyright societies
• Digital rights management
• Moral right and performers right
• Welfare of visually disabled persons
• Compulsory licensing and parallel import and
• certain miscellaneous provisions.
6. • Section 22 : Period of Copyright in photographs
enhanced. (life time plus sixty years)
• Definition of ‘copyrights’ expanded to include copyright
works saved in electronic form.
• Performer’s right redefined. The Bill extends ‘moral’
rights to performers, rather than just authors as is the
case now
• Statutory licensing has been introduced in version
recording and broadcasting of published works.
• New definitions have been introduced (visual recording,
communal rental)
• Amended definitions: (author, cinematographic film,
infringing copy, performer, joint authorship)
OTHER NOTABLE AMENDMENTS
7. • Section 2(d): Principal Director in a cinematographic work and
Producer of a sound recording are proposed to be made
authors within the modified definition of "author ".
• Section 2(z): The principal director and producer are to be joint
authors in a cinematographic work.
• New section 2(xxa): A new definition of Visual Recording
• The exclusive rights of an author in Section 14(d): a
cinematographic work and
• Section 14(e):sound recording and Section 14(c): an artistic work
were extended to include,
• electronic or other means of storage of the work and right to sell
or rent the work.
• Section 17 new clause(f)- producer and principal director of a
cinematographic shall be joint owners.
• Section 17new clause(g)- principal director will enjoy copyright
protection 10 years more than the producer.
PROVISIONS CONCERNING TO MUSIC
AND FILM INDUSTRY
8. CONTINUED….
• Section 18: the right to receive royalties of a literary or musical
work that forms part of a cinematographic work cannot be
assigned to any person except to legal heirs or copyright societies
• Section 19: after assignment, the owner of the work to have the
right to claim royalties for use of the work outside the
cinematographic work or sound recording.
• Lyricists, scriptwriters and music composers, in films and sound
recordings have special set of rights over their work.
• Section 26: the term of copyright with respect to cinematographic
work shall be seventy (70) years from the date of publication for a
principal director.
• New Section31 C: “Statutory License for Cover Versions”- to
protect the interest of the copyright holder while making a sound
recording of any literary, dramatic or musical work.
PROVISIONS CONCERNING TO MUSIC
AND FILM INDUSTRY
9. • All authors ‘moral’ rights over their work
• Section 57 (amended) : moral rights valid even after the
term of copyright expires
• Authors have the right to claim damages against any
distortion or modification of their work which adversely
affects their reputation (“the right to integrity”).
• Legal representatives of long-deceased authors will
have the right to judge whether or not a new work
adversely affects that author's reputation.
• The new section 31D : Statutory license for
broadcasting a published work
AUTHORS, PUBLISHERS AND
BROADCASTING INDUSTRIES
10. • The Bill has two provisions that help persons with
disability get access to copyrighted work
• New section 31B: provides for the grant of a
compulsory license over a work to publish it for the
benefit of the disabled.
• Section 52)1)(ZB)- 1.it permits adaptation and
reproduction of work in a format specially designed for
use of persons with disability (e.g. Braille).(including
sign language, specially designed only for the use of
persons suffering from a visual, aural or other disability)
• 2. the Bill provides for copies produced for the use by
persons with disability in non-‘special’ formats (Such
work can only be produced by organizations recognized
under the Persons With Disabilities Act, 1995.
WELFARE OF THE VISUALLY
DISABLED PERSONS
11. • To make the act in compliance with the WIPO Internet treaties,
namely WCT and WPPT.
• Section 2 (xa) Rights Management Information
• It has been defined as title or other information identifying the
work or performance.
• (by the name, address of the author, terms and conditions
regarding the use of rights, code of the information but does not
include any device or procedure intended to identify the user.)
• New section 65A: that relates to anti-circumvention of technical
measures adopted to protect copyrighted content.
• New section 65B: deals with protection of rights management
information
• ( Circumvention of technological measures include, bypass,
escape, evade the security system, breaking pass words,
unauthorized entry and retrieval of information from a protected
web site)
DIGITAL RIGHTS MANAGEMENT
PROVISIONS
12. • Section 65A (anti-circumvention of technical measures)
• any person who circumvents an effective technological measure applied
for the purpose of protecting any of the rights conferred under the
copyright Act, with the intention of infringing such rights, will be
punishable with imprisonment which may extend to two years and will
also be liable to fine.
• Section 65B protection of rights management information
• any person, who knowingly removes or alters any rights management
information without authority, shall be punishable with imprisonment
which may extend to two years and shall also be liable to fine.
• Circumvention of technological measures is permitted for the purpose
of:
• a. conducting encryption research and any lawful investigation ;
• c. in testing the security of a computer system or a computer
network( with the permission of its owner or operator)
• d. doing anything necessary to circumvent technological measures
intended for identification or surveillance of a user ; and
D . R . MANAGEMENT
CONTINUED……
13. • It shall be ‘associations of authors’ and shall be
subject to their collective control, rather than
to the control by rights holders.
• Section 33- copyright societies may be
registered only by authors.
• The new section 33A-publication of the tariff by
the copyright society and its review. In case of
dispute, the aggrieved party can appeal to the
Copyright Board
• Sections 34 and 35- the copyright society shall
be administered by the authors
COPY RIGHT SOCIETIES AND
COPYRIGHT BOARDS
14. • Section 19: Any assignment that is contrary to an
assignment made to a copyright society shall be void.
• Section 19A: Copyright Board can now issue interim
orders in cases of disputes over assignment of
copyright, or disputes over the tariffs announced by
copyright societies.
• The Copyright Board may direct the Registrar of
Copyrights to grant for prescribed time compulsory
license of any copyrighted work for the benefit of the
disabled
• The rate of royalty for statutory licensing for cover
version of a sound recording shall be fixed by the
Copyright Board
COPY RIGHT SOCIETIES AND
COPYRIGHT BOARDS CONTINUED……
15. • section 52(1)(a)- storing of a copy of a work including a
computer program in an electronic medium for private
use, criticism or reporting is fair dealing and does not
amount to infringement.
• section 52(1)(b)- transient and incidental storage of a
work or performance purely in the technical process of
electronic transmission or communication to the public
shall not constitute an infringement of copyright.
• The new clause (n) allows libraries to make a digital
copy of a work if the library has a non-digital copy;
INFRINGEMENT- LIBERALLY
CONSTRUED
16. • Section 2(m) amended : Parallel import allowed as an
exemption to copyright infringement.
• ‘a copy of a work published in any country outside India
with the permission of the author of the work and
imported from that country into India shall not be
deemed to be an infringing copy’
• The new section 31B: provides for the grant of a
compulsory license over a work to publish it for the
benefit of the disabled.
• section 31(amended): a compulsory license may be
granted to a foreign work also.
• a compulsory license may be granted to more than one
person.
COMPULSORY LICENSING,
PARALLEL IMPORT
17. • India has not signed either of these two treaties.
• Leeds to an increase in litigation
• The broadcasters and music companies will be forced
to pay high royalty to lyricists and performers.
• Foreign publishers may dominate over the publishing
industry.
• Financial burden to producers, publishers and
broadcasters.
• Publishers have to be at the mercy of the authors.
• Copyright societies and Copyright board may exercise
great control over the matters concerning to copy
rights.
OBJECTIONS RAISED, AGAINST THE
COPYRIGHTS AMENDMENT BILL, 2010
18. • The proposed amendments, may
• Relieve the authors, performers and directors from the
clutches of producers and publishers.
• Due recognition will be given to the creators, ie
authors, directors and performers.
• The reconstituted ‘copyright societies’ can look after
the welfare of authors rather than of the right
holders/publishers.
• The penal provisions against the internet based copy
right violations may reduce the rate of infringement
offences.
MY OPINION
19. • Beneficial to the researchers, as accessing copyrighted
information from net for private/research purpose is
exempted from infringement.
• It makes the legislation in conformity with the
developments in digital technology.
• With the liberalized provisions on parallel import, the
Indian publishing market shall be open to the world and
access to foreign publications become easier.
MY OPINION
CONTINUED….
