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Copyright Amendment Bill 2010-2011

Copyright Amendment Bill 2010-2011

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Published by Nandita Saikia
A comparison of the Indian Copyright (Amendment) Bill, 2010 with the revisions to the Bill suggested in August 2011
A comparison of the Indian Copyright (Amendment) Bill, 2010 with the revisions to the Bill suggested in August 2011

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Categories:Types, Business/Law
Published by: Nandita Saikia on Sep 01, 2011
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08/06/2013

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NOTE:This document attempts to capture the changes made to the Copyright (Amendment) Bill, 2010 by the2011 version of the Bill. It may not be entirely accurate, and is intended to be used exclusivelyfor academic discussion.The principal changes appear to be:1. the deletion of the proposed amendment to Section 2(m) of the Copyright Act, 1957;2. the omission of the references to the principal director of a film;3. the clarification of ownership of rights and the sharing of royalties wrt the underlying works used in films;4. the revision of clauses dealing with access to copyrighted works be persons who have disabilities;5. the "strengthening" of the proposed so-called safe harbour clauses with reference now being made to"transient OR incidental storage" as opposed to the earlier "transient AND incidental storage".This document may be freely distributed by anyone without first checking with me.If there are any errors in it, please inform me of them at saikianandita@gmail.com.Nandita SaikiaAugust 31, 2011
THE COPYRIGHT
 
(AMENDMENT) BILL, 2010Bill No. XXIV of 2010
 
1
THE COPYRIGHT (AMENDMENT) BILL, 2010
A
BILL
 further to amend the Copyright Act,
1957.B
E
it enacted by Parliament in the Sixty-first Year of the Republic of India as follows:—
1.
(1)
This Act may be called the Copyright (Amendment) Act, 2010.
(2)
It shall come into force on such date as the Central Government may, by notificationin the Official Gazette, appoint.
2.
In section 2 of the Copyright Act, 1957 (hereinafter referred to as the principalAct),—(
i
) in clause
(d),—
(
a
) in sub-clause (
v),
for the words “cinematograph film or sound recording,the producer; and”, the words “cinematograph film, the producer and theprincipal director;” shall be substituted;
Short title andcommence-ment.Amendmentof section 2.14 of 1957.
Bill No. XXIV of 2010
T
O
 
BE
 
INTRODUCED
 
IN
R
AJYA
S
ABHA
2011Sixty-second
 
2(
b
) sub-clause (
vi
) shall be re-numbered as sub-clause (
vii
) thereof, andbefore sub-clause (
vii
) as so re-numbered, the following clause shall be inserted,namely:—
“(vi)
in relation to a sound recording, the producer; and”;(
ii
) in clause (
 f 
), the portion beginning with the words “on any medium” andending with the words “produced by any means” shall be omitted;(
iii
) after clause (
 f 
), the following clause shall be inserted, namely:—‘(
 fa
) “commercial rental” does not include the rental, lease or lending of alawfully acquired copy of a computer programme, sound recording, visualrecording or cinematograph film for non-profit purposes by a non-profit libraryor non-profit educational institution.’;
 
(
iv
)
 
for clause
(ff)
, the following shall be substituted, namely:—
‘(ff)
“communication to the public” means making any work or performanceavailable for being seen or heard or otherwise enjoyed by the public directly orby any means of display or diffusion other than by issuing physical copies of it, whether simultaneously or at places and times chosen individually, regardlessof whether any member of the public actually sees, hears or otherwise enjoysthe work or performance so made available.
 Explanation.—
For the purposes of this clause, communication throughsatellite or cable or any other means of simultaneous communication to morethan one household or place of residence including residential rooms of anyhotel or hostel shall be deemed to be communication to the public;’;(
v
) in clause
(m)
, the following proviso shall be inserted, namely:—“Provided that a copy of a work published in any country outside Indiawith the permission of the author of the work and imported from that countryinto India shall not be deemed to be an infringing copy;”;(
vi
) in clause (
qq)
, the following proviso shall be inserted, namely:—“Provided that in a cinematograph film a person whose performance iscasual or incidental in nature and, in the normal course of the practice of theindustry, is not acknowledged anywhere including in the credits of the filmshall not be treated as a performer except for the purpose of clause (
b
) of section 38B;”;(
vii
) after clause
(x)
, the following clause shall be inserted, namely:—‘(
 xa
) “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;(
) terms and conditions regarding the use of the rights; and(
e
) any number or code that represents the information referred toin sub-clauses (
a
) to (
),but does not include any device or procedure intended to identify the user;’;(
viii
) after clause
(xx)
, the following clause shall be inserted, namely:—
‘(xxa)
“visual recording” means the recording in any medium, by anymethod including the storing of it by any electronic means, of moving images orof the representations thereof, from which they can be perceived, reproducedor communicated by any method;’;
 ______________________
Explanation- For thepurposes of thisclause, ‘a non-profitlibrary or non-profiteducational institution’means a library oreducational institutionwhich receives grantsfrom the Governmentor exempted frompayment of tax underthe Income-Tax Act,1961.
Insertion:(iv)(v)(ii)(i)(iii)(vi)

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