5. Copyright Board
The 2011 Bill proposes to amend Sections 11 and 12 of the Copyright Act dealing with the CopyrightBoard through proposed amendments which had not earlier made an appearance. The Board will, if the 2011Bill is passed, comprise a Chairman and two other members. Also, the requirement that each Bench of theBoard comprise not less than three members has been deleted in the 2011 Bill.
6. Dispute Resolution under Section 19A
The 2011 Bill stipulates a time-frame within which disputes relating to the assignment of copyright should bedetermined by the Copyright Board: six months.
7. Accessibility to Copyrighted Works by Disabled Persons
The 2010 Bill had proposed to achieve ensuring accessibility to copyrighted works by disabled persons througha compulsory licence and an exception to copyright infringement. The scope of the exception has beenconsiderably broadened in the 2011 Bill.Further, the fact that the compulsory licence (in the 2010 Bill) was virtually useless, as very few were eligible toapply for it, was been addressed by the 2011 Bill, which omits stringent eligibility criteria and simply states thatany business or person working for the benefit of persons with disabilities may apply for a licence. What isinteresting is that the proposed 2010 amendment which would have allowed the Copyright Board to determinehow many copies could be published without the payment of royalties has been deleted; presumably, theproposed 2011 compulsory licence no longer contemplates "free copies".
8. Statutory Licences for Radio Broadcast in the proposed Section 31D
The anomaly which had the text of the 2010 Bill allude to "any broadcast" and the marginal note refer to "radiobroadcast" was been corrected in the 2011 Bill with both now referring only to "radio broadcast".
9. Copyright Societies
The 2010 concern that the restrictive provisions of the copyright statute with regard to copyright societies would apply to only authors has been addressed in the 2011 Bill, with the 2011 Bill causing the relevantprovisions to apply to both the authors and owners of protected works. Also, the 2011 Bill stipulates that theunderlying works used in films may only be licensed through a copyright society.
10. The Intermediary Safe Harbour
The 2011 Bill evinces the "strengthening" of the proposed so-called safe harbour clauses with reference being made to "transient OR incidental storage" as opposed to the earlier (2010) "transient AND incidental storage"possibly being exempt from liability for infringement. Further, the notice-and-take-down procedure has beentightened in the 2011 Bill, and the 2010 requirement to get a court order within 14 days (which caused muchconsternation) has been changed to 21 days in the 2011 Bill.
The subsequent pages of this document contain a mark-up showing how some of the existing provisions of theIndian Copyright Act, 1957, would look if the 2011 Bill were passed. Specifically, this document deals with theamendments proposed in relation to:
The Copyright Board
Royalties for the use of Underlying Works in Film Songs and Other Music
Settlement of Assignment Disputes
Copyright SocietiesThe contents of this document may not be entirely error-free and are intended to be used solely for the purpose of academic discussion.