May 26, 2011

Copyright Amendment Bill : A quick look

Following are the important changes brought through Copyright Amendment Bill (2010).

1. The director of the cinematograph film is included in the definition of author. The producer used to be the only author before the amendment. The Cinematographic film is further deemed to be “work of joint ownership”

2. The law brought out by United States 11th Circuit in Martin Luther King Case[1] where it was held that the distribution of work by “choosing” doesn’t lead to the fall of work in public domain, is incorporated by insertion of words at places and times chosen individually in clause ff of Section 2.

3. The definition of performer is restricted by excluding the “incidental” or “ancillary” roles. (Roles which are not acknowledged in credits of film).

4. Rights Management Information is adopted. Section 65B is a penal section for the violation of RMI."Rights Management Information", means, —

(a) the title or other information identifying the work or performance;

(b) the name of the author or performer;

(c) the name and address of the owner of rights;

(d) terms and conditions regarding the use of the rights; and

(e) any number or code that represents the above information;

but does not include any device or procedure intended to identify the user;

5. The protection of technological measures is statutorily mandated and any person violating the same shall be penalized under section 65A of the Act.

6. The “visual Recording” is introduced separately from Cinematographic Film Section 2(xxa).

7. Storage of copyrighted work is also deemed to be a right of owner and hence he may prevent others from holding or storing the work in any medium.

8. The rental of the copyrighted work is broadened by putting “commercial rental”.

9. Retrospective recognition of principle Director’s right on the cinematographic film except according to the agreement between producer and director in this regard. Moreover, the director is provided with duration of 70 years of copyright in the cinematographic film. (Sec 26, proviso)

10. Right of assignment of the author of the literary or musical work is restricted to the legal heirs or copyright society when such work is utilized for non cinematographic purposes {Section 18(3), proviso}. However, the author rights shall not be affected by such assignment and she still can demand royalties for exploitation of such work. {Sec 19(9)}.

11. Copyright Board’s power is extended in cases of disputes in relation to assignment of copyright to order implementation or in relation to consideration payable for enjoyment of rights. {Sec 19A(2) Proviso}

12. Relinquishment of copyright can be done by public notice in addition to notice to registrar {21(1}.

13. The Notice is mandated to be in public domain for at least three years for the relinquishment of copyrights.

14. The compulsory license can be granted for any work (Indian or Foreign). License shall be provided to such persons as deemed fit by the copyright board and might not be provided to complainant. {Section 31}. Compulsory License under Section 31A (when author can’t be found or traced) is extended to published work as well. The compulsory licenses for the organization registered under Section 12A of the Act and working primarily for the benefit of persons with disability, and recognized under Chapter X of The Persons With Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995 is provided. (Sec 31B)

15. The rights of original music author are recognized by curtailing the right of production of “cover music” by third party and prohibition of any altercation in such original creation without prior consent of owner of original work. Similar provisions are proposed for broadcasting of literary, musical and sound recording.(Sec 31C and 31D).

16. The Copyright (Amendment) Bill, 2010, aims to completely restructure the working of and the eligibility criteria for membership in copyright societies by various amendments to Chapter VII of the Copyright Act, 1957, which would make it possible for only authors of works to become members of copyright societies and to manage them. (Sec 33, 34, 35).

17. New provision replacing the substantial portion of provision relating to performer’s right is included. The moral rights of performer are acknowledged and others are prevented from mutilating his or her performance. Moreover, the right of performer to prevent others to use copyrighted work is broadened. (Section 38A).

18. The fair use of the copyrighted work for personal use is recognized. Reporting of current events and lecture delivered in public shall not be deemed as an infringement.

19. Any person holding any right (earlier only owner of copyright) can complain to the Registrar of Copyright for prohibition of importation of goods which are infringing copyright. (Section 53).

20. Author’s right to restrain distortion, mutilation or modification or any other act in relation to work is recognized if such act would be prejudicial to his honor or reputation. Such right can also be exercised by legal representative of the author (Section 38B).

[1] 194 F.3d 1211 (11th Circuit)

No comments: