[A2k] Proposed Amendments to Copyright Act

[Pranesh Prakash]

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Dear all,
The proposed amendment to the Indian Copyright Act, while seeking to
bring in some positive changes (for limitations and exceptions for the
physically challenged, for instance -- but even that seems to have
highly problematic wordings, which urgently require changing) also have
some highly negative ones (such as the introduction of technological
protection measures, despite not being obligated by any international
obligations to do so, since India has not signed the WIPO Internet
treaties).

Given below are some important links, and the text of the government's
press release of the Cabinet's approval of the amendments.  Now it will
be sought to be introduced before the Parliament during the Budget
session (which will start sometime in late February onwards).

* Last known public version of amendments, from 2006 (this has changed
since):
http://tr.im/JSXu

* Extensive analysis by Lawrence Liang, Achal Prabhala and Nirmita
Narasimhan on the last public version of the proposed amendments (which
have changed since), from 2006:
http://tr.im/JSVj

* Google News article collections:
http://news.google.com/news/more?pz=3D1&cf=3Dall&cf=3Dall&ncl=3DdLnQ9f26ZOn=
hHaMugih_AIeM9AquM

and

http://news.google.com/news/more?pz=3D1&cf=3Dall&cf=3Dall&ncl=3Dd0kIXxmxv3M=
R1rM45g6_2JLFv2tUM

**********
Press Release
Amendment to the Copyright Act, 1957
December 24, 2009

The Union Cabinet today approved the proposal to introduce a Bill to
amend the Copyright Act, 1957.  The Ministry of Human Resource
Development has proposed the amendments in order to gain clarity, remove
operational difficulties and to address the newer issues that have
emerged in the context of digital technology and the internet.

Amendments are being made to bring the Act in conformity with the World
Intellectual Property Organisation (WIPO) Internet Treaties, namely WIPO
Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty
(WPPT) which have set the international standards in these spheres.  The
WCT deals with the protection for the authors of literary and artistic
works such as writings, computer programmes, original databases, musical
works, audiovisual works, works of fine art and photographs.  The WPPT
protects certain =E2=80=9Crelated rights=E2=80=9D which are the rights of t=
he performers
and producers of phonograms.  While India has not yet signed the above
two treaties it is necessary to amend domestic legislation to extend the
copyright protection in the digital environment.

**Amendments related to bring the Act in conformity with WCT and WPPT**
=C2=B7         Through a new section in the Act, it is proposed to ensure
protection to the Right holders against circumvention of effective
technological measures applied for purpose of protection of his rights
like breaking of passwords etc. while maintaining an appropriate balance
between the interests of the right holders on the one hand and of
Technology innovators, Researchers and Educational Institutions on the
other.

=C2=B7         The existing Performers=E2=80=99 Rights are proposed to be f=
urther
enhanced by introducing a new section to provide exclusive rights
compatible with WPPT.

=C2=B7         =E2=80=9CThe Moral Rights of Performers=E2=80=9D are propose=
d to be introduced
in a new section.

=C2=B7         Amendments have been proposed to protect the interests of
researchers, students and educational institutions so as to ensure that
Technological Measures do not act as a barrier for further development
of the technology.  These amendments also address the issue of access to
information in the digital context and the liability of Internet service
providers.

=C2=B7         The period of copyright for photographers is proposed to be
enhanced to =E2=80=9CLife plus sixty years=E2=80=9D instead of only sixty y=
ears as at
present.


**Amendment to protect the Music and Film Industry and address its
concerns**

=C2=B7         Statutory licence for version recordings and authorship to
ensure that while making a sound recording of any literary, dramatic or
musical work the interest of the copyright holder is duly protected.

=C2=B7         Term of copyright for cinematograph films has been extended =
by
making the Producers and Principal director as joint authors.

=C2=B7         A copyright term of 70 years to Principal Director which
automatically extends the copyright term for the Producers for another
10 years provided he enters into an agreement with the Director;


**Amendments to address the concerns of the physically challenged**

The physically challenged need access to copyright material in
specialized formats, e.g. Braille text, talking text, electronic text,
large print etc. for the visually challenged and sign language for the
aurally challenged.  Currently the cost of production of material in
such formats is very high.  With additional requirement of royalty
payments the price of such material to the target groups would be even
higher.

=C2=B7         A clause is proposed to be introduced as a fair deal clause =
to
allow the production of copies of copyright material in formats
specially designed for the physically challenged.

=C2=B7         A separate compulsory licensing provision has been proposed =
to
allow for publication of copyright works in formats other than
specifically suited for the physically challenged.


**Amendments for rights to authors**

=C2=B7         Amendment is proposed to give independent rights to authors =
of
literary and musical works in cinematograph films, which were hitherto
denied and wrongfully exploited, by the producers and music companies.

=C2=B7         An amendment is proposed to ensure that the authors retain
their right to receive royalties and the benefits enjoyed through the
copyright societies.

=C2=B7         Another amendment ensures that the authors of the works,
particularly songs included in the cinematograph film or sound
recordings, receive royalty for the commercial exploitation of such work.

=C2=B7         It has been proposed to introduce a system of statutory
licensing to ensure that the public has access to musical works over the
FM Radio and Television networks and at the same time the owners of
copyright works are also not subject to any disadvantages.

=C2=B7         It is proposed to amend existing provisions to provide
compulsory license through Copyright Board to publish or communicate to
the public such work or translation where the author is dead or unknown
or cannot be traced or the owner of the copyright work in such work
cannot be found.


**Other amendments**

=C2=B7         Amendments are being made for incidental changes, which are
required in the context of digital technology to cover =E2=80=9Cstoring of
copyrights material by electronic means=E2=80=99.

=C2=B7         Amendments in relation to operational facilities, such as
registration of Copyright Societies by providing that only authors can
register and procedure for tariff schemes of copyright societies and
commercial distinction between assignment and licence; and

=C2=B7         Enforcement of rights such as border measures, disposal of
infringing copies and presumption of authorship under civil remedies.


**Background**

In order to formulate the proposed amendments and to carry out
wide-ranging consultations with all stakeholders, the Ministry of Human
Resource Development had constituted a 30-member Core Group in the year
2005 under the Chairmanship of the Education Secretary with
representatives of the other Ministries/Departments concerned with the
subject and other key stakeholders like copyright-industry
organizations, stakeholders, subject experts and Institutions of repute
in related fields.  The Core Group had deliberations at length in five
sessions to cover all the provisions of the existing statute and made
recommendations with regard to the proposed amendments.  The Core Group
then created a Drafting Committee to draw up the text of the proposed
amendments and to fine-tune the recommendations of the Core Group.

**********
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Pranesh Prakash
Programme Manager
Centre for Internet and Society
W: http://cis-india.org | T: +91 80 40926283

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