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
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
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
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
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
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
e. taking measures necessary in the interest of national security.
D . R . MANAGEMENT CONTINUED……
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
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 Copyright s 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……
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
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
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
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.
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.