[A2k] Indian Copyright Act Amendment - Review and Suggestions

[Achal Prabhala]

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The Indian Government is planning to introduce significant amendments to the
Copyright Act 1957. The Copyright Office has been excellent about making the
amendment process transparent, by not only publicly displaying the proposed
amendments, but also soliciting suggestions at large.

The key proposed amendments include:

1. Introduction of Digital Rights Management (DRM)
2. Amendment to Sec. 52(1)(j) on version recordings
3. Introduction of provisions enabling access for persons with visual
disability
4. The deletion of clauses that will curtail the scope of media coverage of
other media reports, as well as public events like lectures

Other provisions which are problematic in their current form and have not
been addressed are:

1. Restrictions on parallel importation of cultural and knowledge goods
2. The limited scope of works under compulsory licensing for translation,
among other wide reasons (Indian works vs foreign works)
3. The extended copyright term of works which in most cases exceeds the
minimum specified in Berne, TRIPs
4. Unreasonable limitations on fair dealing in education
5. The limited scope of work considered to be from/of the government for the
purposes of exception and access
6. No system to recognise non-written licenses (eg CC)

A few of us at the Alternative Law Forum, Bangalore, have been working on a
response to the proposed amendments, as well as revisiting some of the
existing provisions from a public interest perspective.

It is important to note that India is under no legal obligation to introduce
some of the proposed amendments including DRM. We also note that it is
important for the government to recognize and rely on flexibilities of the
Berne Convention and the TRIPs agreement which enable access to knowledge
and information, by ensuring easy access to copyrighted materials in respect
of educational, private or general use, and via any media or form.

For instance, we note that the present amendment seeks to promote greater
access to knowledge and information for persons with any sensory
disabilities. This is a welcome move, especially if enacted with a thorough
review of the details of the need, and the enabling provision thereof.

Another very important section is the one that enables the making of
versions recordings in India. This provision has extensively enhanced the
Indian music landscape. It has led to a transformation in the distribution
and creation of cultural goods. One significant economic aspect of these
provisions is worth noting: in the early 1980s, as audio cassettes
proliferated, a number of small companies were able to use Section 52(1)(j)
to produce and sell vast numbers of so-called version recordings in hitherto
under-served languages and genres. It is also the section that has resulted
in the remix culture that we have witnessed in the past few years. The
proposed amendment significantly increases the costs and administrative
burdens of making a version record.

This document has been sent to the Government, and is endorsed and supported
by a number of educational and research institutions, consumer groups and
disability rights organizations.

We welcome your comments: please see

http://www.altlawforum.org/ADVOCACY_CAMPAIGNS/copyright_amdt/

To download a copy of the document (90+ pages) see:

http://www.altlawforum.org/ADVOCACY_CAMPAIGNS/copyright_amdt/Copyright%20Amdt-Response-13th%20July%202006.pdf

For the associated Copyright rules, as well as the proposed amendment, see:

http://www.altlawforum.org/ADVOCACY_CAMPAIGNS/copyright_amdt/

The Indian government copyright site is at:

www.copyright.gov.in

Cheers,

Lawrence Liang, Nirmita Narasimhan and Achal Prabhala (reviewers)