TABLE OF CONTENTS

INTRODUCTION Both the houses of the Indian Parliament, viz. Rajya Sabha (upper house) and Lo Sabha (lo!er house) on "ay #$, %&#% and "ay %%, %&#%, respe'tively passed the (opyri)ht *mendment Bill, %&#% (+*mendment,) brin)in) about si)nifi'ant 'han)es to the e-tant la!. .he *'t offi'ially 'ame to for'e on %# /une %&#% .he amendments have been e-tensively debated both inside and outside the Parliament and are li ely to have si)nifi'ant impa't on the 'ontent industry. *mendments to the (opyri)ht *'t, #01$ (+*'t,) !ere mooted by !ay of .he (opyri)ht (*mendment) Bill, %&#&, !hi'h !as introdu'ed in the Rajya Sabha on *pril #0, %&#& by 2uman Resour'es 3evelopment "inister of India and !as then referred to the Parliament (ommittee for the purpose of e-amination on %4 rd *pril %&#&.

5ollo!in) this, the Parliament (ommittee invited 'omments from the sta eholders. Several sta eholders )ave their inputs after 'onsiderin) !hi'h the Parliament (ommittee )ave its report. .he 'omments in the report have been ta en into 'onsideration and in %&## a ne! form of the amendments !ere proposed and a revised version of the amendments !as laid before the t!o houses and passed. .he *mendment re'eived Presidential assent, post !hi'h it has 'ome into effe't after notifi'ation in the 6ffi'ial 7azette.

A. Rights conferred on Lyricists, M sic Co!"osers, A thors, #erfor!ers $ Bro%dc%sters %. Lyricists, M sic Co!"osers $ % thors of the scri"t, screen"&%ys etc. .he *mendment see s to prote't ri)hts of authors of literary !or s li e lyri's (lyri'ists) or s'ripts (s'ript!riters) and musi'al !or s (musi' 'omposers). Se'tion #4 (8) of the *'t provided that the 'opyri)ht in a 'inemato)raph film or a sound re'ordin) shall not affe't the separate 'opyri)ht in any !or in respe't of !hi'h (or a substantial part of !hi'h), the film or the sound re'ordin) is made. .hus, ideally, as per the provisions of this se'tion, if the ri)ht to in'orporate a musi'al, lyri'al or other literary !or in a 'inemato)raphi' film or sound re'ordin) !as assi)ned to the produ'er, the author (i.e. lyri'ist, 'omposer or s'ript!riter) 'ould te'hni'ally still retain the other ri)hts 'onferred by Se'tion #8 of the *'t in relation to the !or . 2o!ever, the media industry pra'ti'e has been that the produ'ers see to o!n the entire bundle of ri)hts atta'hed to su'h !or s throu)h 'ontra'tual arran)ements !ith the authors. 5urthermore, the Supreme (ourt in 'ase of IPRS v9s :astern Indian "otion Pi'tures *sso'iation and 6rs1 (+:astern Indian "otion Pi'tures /ud)ment,) held that the produ'ers of a 'inemato)raph film are the first o!ners of the 'opyri)ht in the musi'al and lyri'al !or s and no 'opyri)ht subsists in the 'omposer of the lyri' or musi' so 'omposed, unless there is a 'ontra't to the 'ontrary bet!een the 'omposer of the lyri' or musi' and the produ'er of the 'inemato)raph film. By !ay of the *mendment, the le)islature intends to prote't the interests of the authors of su'h !or s by insertin) the follo!in) provisions; In 'ase of 'ommissioned 'inemato)raph !or , the 'ommissionin) party and in 'ase of employer < employee relationship, the employer, are 'onsidered to be the first o!ner of the !or . .he *mendment 'larifies that the above provisions !ill not apply in relation to 1 #00$ *IR #884

the ri)hts of the authors of literary, musi'al, dramati' and artisti' !or s, !hi'h have been in'orporated in 'inemato)raph film. .hus, the ori)inal authors, !ill 'ontinue to be 'onsidered as the first o!ners of the said !or s. *uthors of literary or musi'al !or s (i) in'orporated in films= or (ii) sound re'ordin)s (!hi'h are not part of films) have the ri)ht to re'eive royalties e>ual to the royalties re'eived by the assi)nee of su'h ri)hts for e-ploitation of their !or s (other than 'ommuni'ation to publi' of that film in 'inema halls). .hese ri)hts 'annot be assi)ned or !aived by the ri)ht holders (e-'ept in favor of le)al heirs and 'opyri)ht so'ieties). *ny a)reement that see s to assi)n or !aive the above ri)hts shall be void. ?hile the lan)ua)e in the amendment is not very 'lear from the debates surroundin) the *mendment, it seems that s'ript!riters9s'reenplay !riters are intended to be 'overed !ithin the s'ope of these provisions. 5urther, no assi)nment of the 'opyri)ht in any !or to ma e a 'inemato)raph film or sound re'ordin) shall affe't the ri)ht of the author of the !or to 'laim royalties or any other 'onsideration payable in 'ase of utilisation of the !or in any form other than as part of the 'inemato)raph film or sound re'ordin). .he business of issuin) or )rantin) li'ense in respe't of literary, dramati', musi'al and artisti' !or s in'orporated in a 'inemato)raphi' film or sound re'ordin)s shall be 'arried out only throu)h a 'opyri)ht so'iety duly re)istered under the *'t. *nalysis; .he above provisions have far rea'hin) 'onse>uen'es on the manner in !hi'h the deals !ill have to be ne)otiated in the film and broad'astin) industry !ith the authors of !or s and amon) produ'ers and various distributors. .he above provisions are li ely to 'reate pra'ti'al diffi'ulties and the same !ill have to be resolved by the industry e-peditiously by evolvin) stru'tures to a''ommodate the above provisions.

#0$$ *IR #884 .he authors of the underlyin) !or s (literary and musi'al), !hi'h are

in'orporated as a part of the film or sound re'ordin) are entitled to the e'onomi' ri)ht to re'eive royalty, !hi'h 'annot be alienated or !aived. .hus, !hile they may assi)n the 'omplete 'opyri)ht in the !or to the produ'ers, they 'annot assi)n or !aive this e'onomi' ri)ht in favour of the produ'ers. It needs to be e-plored !hether the abovementioned ri)hts may be relin>uished by the authors under Se'tion %# of the *'t. @Royalty is to be paid to the authors in relation to any e-ploitation of their !or in a 'inemato)raph film other than by !ay of e-hibition of the film in a 'inema hall. .hus, even if the underlyin) !or is e-ploited as a part of a 'inemato)raph film (and not independent of it) throu)h any other medium e.). satellite ri)ht, home video, internet ri)ht, et'. the authors shall be entitled to royalty. .his provision does not appear to be very fair as !hen the produ'er distributes the 'inemato)raph film as a !hole, no separate amounts are allo'ated for underlyin) !or s. In the Indian film industry, the musi' is sometimes separately distributed and e-ploited and in su'h 'ases, it may be possible to identify separate royalty but as stated above, not !hen the film is distributed as a !hole. .he amount of royalty is stated to be 1&A of the royalty earned by the assi)nee of the underlyin) !or s. 2o!ever, there !ould be a diffi'ulty in 'al'ulatin) royalties !hen there are ba' to ba' multiple assi)nments and li'enses.. 5urther, !hen the same film has multiple authors, it is not 'lear ho! the the royalty !ould )et distributed is not 'lear. "ore often than not, one or t!o son)s of the film album be'ome more popular than the others and therefore, authors of su'h !or s should ideally be entitled to more royalties. .hese amendments !ill have a finan'ial impa't on the broad'astin) and film industries. .he produ'ers !ill have to either share from their profit mar)ins !ith the authors of the underlyin) !or s (literary and musi'al) or eep their profit mar)in 'onstant and pass on the additional finan'ial burden to distributors and broad'asters.

It is not 'lear at present ho! the 'ommer'ial arran)ements !ould !or . 5or instan'e, ?ould produ'ers 'olle't fees from platform o!ners and then pass it on to musi' 'omposers and lyri'ists= or ?ould 'opyri)ht so'ieties 'olle't royalties from platform o!ners= oro ?ould platform o!ners be re>uired to pay dire'tly to musi' 'omposers and lyri'ists (!hen they are not members of 'opyri)ht so'ieties). 3ependin) upon ho! the industry pra'ti'e develops, !hile si)nin) deals !ith produ'ers for a'>uisition of ri)hts, the pri'in) !ill have to be !or ed out, eepin) in mind the share of the musi' 'omposers and lyri'ists. In vie! of the above, the a)reements !ith the authors of su'h !or s !ill have to be 'arefully drafted to allo'ate the pri'e for various ri)hts so that the e-a't amount to be shared !ith the 'omposers, lyri'ists and performers 'an be determined at the first instan'e. .his may prove to be an onerous tas for the produ'tion houses. *nother ne! provision is that, other than the 'opyri)ht so'ieties re)istered under the *'t, no other or)anisation 'an deal !ith the business of li'ensin) of the ri)hts of authors of literary and musi'al !or s. It appears that there are 'urrently 'ertain private or)anisations !hi'h administer the ri)hts of son)!riters et'. and su'h businesses may be affe'ted by this amendment. #ending &itig%tions' *t present, there are a fe! liti)ations pendin) on the issue of payment of royalties to Indian Performin) Ri)hts So'iety (+IPRS,) (in relation to underlyin) !or s i.e. musi'al or lyri'al !or s). Re'ently, the Bombay, Berala and 3elhi 2i)h (ourts have held that a separate royalty is not payable to IPRS for e-ploitation of sound re'ordin)s. .his as su'h !ill apply to all mediums of e-ploitation of sound re'ordin). In my vie!, the abovementioned *mendment should apply prospe'tively and in relation

to all e-ploitation prior to the effe'tive date of the *mendment, the 'ourt orders mentioned herein above should be appli'able. (. A thor)s Mor%& Rights Se'tion 1$ of the *'t re'o)nises spe'ial ri)hts of the author of the !or , also no!n as +moral ri)hts, viz. (i) Ri)ht to 'laim authorship of the !or = and (ii) Ri)ht to restrain or 'laim dama)es in respe't of any distortion, mutilation, modifi'ation or other a't in relation to the said !or if su'h distortion, mutilation, modifi'ation or other a't !ould be prejudi'ial to his honour or reputation (+Ri)ht *)ainst 3istortion,). .he said se'tion also provided that su'h moral ri)hts (e-'ept the ri)ht to 'laim authorship) 'ould be e-er'ised by le)al representatives of the author Pursuant to the *mendment, the e-'lusion has been removed and the ri)ht to 'laim authorship 'an no! be e-er'ised by le)al representatives of the author as !ell. .herefore, post death of the author, if he is not )iven 'redit for his !or , then le)al representatives, may ta e ne'essary a'tion to remedy su'h brea'h. *s per the *mendment, the Ri)ht *)ainst 3istortion is available even after the e-piry of the term of 'opyri)ht. :arlier, it !as available only a)ainst distortion, mutilation et'. done durin) the term of 'opyri)ht of the !or . c. #erfor!ers *t the outset, the *mendment has modified the definition of +Performer, by 'larifyin) that that in a 'inemato)raph film a person !hose performan'e is 'asual or in'idental in nature and is not a' no!led)ed in the 'redits of the film shall not be treated as a performer e-'ept for the purpose of attributin) moral ri)hts as dis'ussed belo!. Introd ction of Section *+ A .he *mendment has introdu'ed a ne! Se'tion 4C*, spe'ifi'ally arti'ulatin) the +performerDs ri)ht,. Ender erst!hile Se'tion 4C (4) of the *'t, the performerDs ri)ht !as arti'ulated as a ne)ative ri)ht !hi'h prevented third parties from ma in) use of the performan'e !ithout due 'onsent of the performer.

Ender the *mendment, the +PerformerDs Ri)ht, is stated to be the e-'lusive ri)ht subje't to the provisions of the *'t, to do or authorize for doin) any of the follo!in) a'ts in respe't of the performan'e or any substantial part thereof, namely; @ to ma e a sound re'ordin) or a visual re'ordin) of the performan'e, in'ludin) reprodu'tion of it in any material form in'ludin) the storin) of it in any medium by ele'troni' or any other means= issuan'e of 'opies of it to the publi' not bein) 'opies already in 'ir'ulation=o 'ommuni'ationofittothepubli'=o sellin) or )ivin) it on 'ommer'ial rental or offer for sale or for 'ommer'ial rental any 'opy of the re'ordin). to broad'ast or 'ommuni'ate the performan'e to the publi' e-'ept !here the performan'e is already broad'ast. .he *mendment has retained the erst!hile position re)ardin) in'orporation of a performan'e into a 'inemato)raphi' film but has in'luded some modifi'ations. 6n'e a performer has, by !ritten a)reement, 'onsented to the in'orporation of his performan'e in a 'inemato)raph film he shall not, in the absen'e of any 'ontra't to the 'ontrary, obje't to the enjoyment by the produ'er of the film of the performerDs ri)ht in the same film. 2o!ever, the performer shall be entitled for royalties in 'ase of ma in) of the performan'es for 'ommer'ial use. An%&ysis' Li e authors, even performers have been )ranted e'onomi' ri)ht of 'laimin) royalties. 2o!ever it is not 'lear !hat is meant by +in 'ase of ma in) of the performan'es for 'ommer'ial use,. It appears that this ri)ht also 'annot be alienated and any a)reement to alienate su'h ri)hts !ould be void.

Right %,in to !or%& right gr%nted to the "erfor!er .he *mendment see s to introdu'e a ne! Se'tion 4CB, !hi'h provides as follo!s; .he performer of a performan'e shall, independently of his ri)ht after assi)nment, either !holly or partially of his ri)ht, have the ri)ht,F @ to 'laim to be identified as the performer of his performan'e e-'ept !here omission is di'tated by the manner of the use of the performan'e= and @ to restrain or 'laim dama)es in respe't of any distortion, mutilation or other modifi'ation of his performan'e that !ould be prejudi'ial to his reputation. "ere removal of any portion of a performan'e for the purpose of editin), or to fit the re'ordin) !ithin a limited duration, or any other modifi'ation re>uired for purely te'hni'al reasons shall not be deemed to be prejudi'ial to the performerDs reputation. An%&ysis ' @ ?hile the *mendment see s to provide performers similar moral ri)hts as those provided to authors under Se'tion 1$, it is not 'lear !hy the le)al representatives of the performers have not been allo!ed to e-er'ise the ri)ht to 'laim authorship just li e the le)al representatives of the authors. @ It is also interestin) to note that the ne! definition of the term +performer, !hi'h 'larifies that a person !hose performan'e is merely in'idental in a film may not be 'onsidered to be a +performerDD !ithin the meanin) of the *'t but !ould be entitled to limited moral ri)hts to restrain or 'laim dama)es in respe't of any distortion, mutilation or other modifi'ation of their performan'e. d. Bro%dc%ster)s Rights %nd #erfor!er)s Rights

.he *mendment see s to 'larify that; @ .he broad'ast reprodu'tion ri)ht or performerDs ri)ht shall not subsist in any broad'ast or performan'e if that broad'ast or performan'e is an infrin)ement of the 'opyri)ht in any !or = %

@ Broad'ast reprodu'tion ri)hts or performersD ri)hts shall not affe't the separate 'opyri)ht in any !or in respe't of !hi'h, the broad'ast or the performan'e, as the 'ase may be, is made. 4% 4 40*(#) Se'tion 40*(%)

5urther, !here 'opyri)ht or performerDs ri)ht subsists in respe't of any !or

or

performan'e that has been broad'ast, no li'ense to reprodu'e su'h broad'ast 'an be )iven !ithout the 'onsent of the o!ner of ri)hts or the performers or as the 'ase may be, by both of them. B. Co!" &sory Licenses %nd St%t tory Licenses Gumerous 'han)es have been made to the provisions dealin) !ith (ompulsory Li'ensin) (+(L,) and ne! provisions have been added !ith respe't to statutory li'ensin) .he salient points of these provisions have been dis'ussed belo!; %. CL to %""&y to foreign -or,s %s -e&& Ender the *'t, the (L provisions under Se'tion 4# (in relation to published !or ) and 4#* (in relation to unpublished or anonymous !or ) !ere earlier restri'ted only to Indian 8 !or s . .he *mendment see s to remove this limitation. .he provisions have no! been made appli'able to all !or s. 2o!ever, it is not 'lear !hether the intention is to apply the (L provisions to all the +forei)n !or ,, or to limit it to the !or s published in India. (. CL for (enefit of dis%(&ed

* ne! provision has been inserted !here the !or may be made available under (L for 1 the benefit of people sufferin) from disabilities. *n eli)ible or)anisation may file an appli'ation for (L !ith the (opyri)ht Board for the benefit of persons !ith disabilities. H

Su'h appli'ation is re>uired to be disposed of e-peditiously and an endeavour is re>uired to be made to dispose it of !ithin % months. *fter 'ondu'tin) an in>uiry in'ludin) in>uiry into the 'redentials and )ood faith of the appli'ant and after hearin) the o!ner of ri)hts, the (opyri)ht Board may pass the order for (L, if it is satisfied that a (L needs to be issued to ma e the !or available to the people sufferin) from disabilities. .he (L issued should spe'ify the means and format of publi'ation, the period durin) !hi'h the (L may be e-er'ised and, in the 'ase of issue of 'opies, the number of 'opies that may be issued. .he (opyri)ht Board may spe'ify the number of 'opies that may be published !ithout payment of royalty and may fi- the rate of royalty for the remainin) 'opies. * further appli'ation and 'onse>uent order may be made to e-tend the period of su'h (L and allo! the issue of more 'opies. * 'ompulsory li'ense is a li'ense issued for a 'opyri)hted pie'e of !or that the

'opyri)ht o!ner has to )rant for the use of their ri)hts in the !or a)ainst payment as established under la!.*n or)anisation, re)istered under se'tion #%* of the In'omeIta*'t, #0H# and !or in) primarily for the benefit of persons !ith disability, and re'o)nized under (hapter J of the Persons ?ith 3isabilities (:>ual 6pportunities, Prote'tion of Ri)hts and 5ull Parti'ipation) *'t, #001. (L appli'ation is not ne'essary in relation to use fallin) !ithin Se'tion 1% (#) (zb), dis'ussed belo!. c. St%t tory License for co.er .ersions In the *'t, Se'tion 1% (#) (j) provided an e-'eption from infrin)ement, in relation to the 'over version, if the 'over versions !ere made follo!in) the 'onditions spe'ified in the said Se'tion. .he *mendment has deleted the said Se'tion and proposes to add a ne! Se'tion 4#(, !hi'h in effe't !ould amount to )rantin) a statutory li'ense to ma e 'over versions. .he pertinent provisions of Se'tion 4#( are summarised belo!;

(over version may be made only of su'h literary, dramati' or musi'al !or , in relation to !hi'h a sound re'ordin)s has already been made by or !ith the li'ense or 'onsent of the o!ner of the ri)ht in the !or =

use=

(over version 'an be made in the same medium as the last re'ordin) of the ori)inal !or , unless the medium of the last re'ordin) is no lon)er in 'urrent 'ommer'ial

(over version 'an be made only after the e-piration of five 'alendar years after the end of the year in !hi'h the first sound re'ordin)s of the ori)inal !or !as made. Ender the old Se'tion, the 'over versions 'ould be made after e-piry of % years after the end of the year in !hi'h the first sound re'ordin)s of the !or !as made=

(over version shall not 'ontain any alteration in the literary, dramati' or musi'al !or , !hi'h has not been made previously by or !ith the 'onsent of the o!ner of ri)hts, or !hi'h is not te'hni'ally ne'essary for the purpose of ma in) the sound re'ordin)s=

(over version shall not be sold or issued in any form of pa' a)in) or !ith any 'over or label !hi'h is li ely to mislead or 'onfuse the publi' as to their identity, and in parti'ular shall not 'ontain the name or depi't in any !ay any performer of an earlier sound re'ordin) of the same !or or any 'inemato)raph film in !hi'h su'h sound re'ordin) !as in'orporated=

@(over version should state on the 'over that it is a 'over version made under Se'tion 4#(=

.he person ma in) the 'over version is re>uired to )ive prior noti'e of his intention to ma e the sound re'ordin)s in the pres'ribed manner, and provide in advan'e 'opies of all 'overs or labels !ith !hi'h the sound re'ordin)s are to be sold, and pay in advan'e, to the o!ner of ri)hts in ea'h !or royalties in respe't of all 'opies to be made by him, at the rate fi-ed by the (opyri)ht Board in this behalf=

6ne royalty in respe't of 'over version shall be paid for a minimum of fifty thousand 'opies of ea'h !or durin) ea'h 'alendar year in !hi'h 'opies of it are made.

2o!ever, the (opyri)ht Board may, by )eneral order, fi- a lo!er minimum in respe't of !or s in a parti'ular lan)ua)e or diale't havin) re)ard to the potential 'ir'ulation of su'h !or s. @.he person ma in) 'over version shall maintain re)isters and boo s of a''ount in respe't thereof, in'ludin) full details of e-istin) sto' , in the pres'ribed manner, and shall allo! the o!ner of ri)hts or his duly authorized a)ent or representative to inspe't all re'ords and boo s of a''ount relatin) to su'h sound re'ordin)= .he o!ner of the 'opyri)ht may file a 'omplaint before the (opyri)ht Board if the o!ner has not been paid in full for any 'over version purportin) to be made in pursuan'e of this se'tion. If the (opyri)ht Board is, prima fa'ie, satisfied that the 'omplaint is )enuine, it may pass an order e- parte dire'tin) the person ma in) the 'over version to 'ease from ma in) further 'opies and, after holdin) su'h in>uiry as it 'onsiders ne'essary, ma e su'h further order as it may deem fit, in'ludin) an order for payment of royalty. *nalysis; In vie! of the )rant of statutory li'ense for 'over versions, no infrin)ement a'tion may be instituted a)ainst the person not 'omplyin) !ith the abovementioned terms. 2o!ever it is to be noted that !hile the *mendment has )enerated a le)al spa'e for 'reation of 'over versions, there are a numerous steps that have been pres'ribed in order to ensure that no undue advanta)e is ta en of. *s su'h a suit may be filed a)ainst any person ma in) a 'over version in brea'h of these terms. d. St%t tory License for (ro%dc%sting .he *mendment has introdu'ed the 'on'ept of +statutory li'ense, in relation to published !or s. *ny broad'astin) or)anization, that proposes to 'ommuni'ate the a published !or to the publi' by !ay of broad'ast (in'ludin) television and radio) or a performan'e of any published musi'al9 lyri'al !or and sound re'ordin), may do so by )ivin) prior noti'e of its intention to the o!ners of the ri)hts. Su'h prior noti'e has to state the duration and territorial 'overa)e of the broad'ast and pay royalties for ea'h !or at the rate and manner fi-ed by the (opyri)ht Board. .he rates fi-ed for television broad'astin) shall be different than that fi-ed for radio broad'astin). In fi-in) the manner and the rate

of royalty, the (opyri)ht Board may re>uire the broad'astin) or)anization to pay an advan'e to the o!ners of ri)hts. Go fresh alteration to any literary or musi'al !or , !hi'h is not te'hni'ally ne'essary for the purpose of broad'astin), other than shortenin) the !or for 'onvenien'e of broad'ast, shall be made !ithout the 'onsent of the o!ners of ri)hts. .he names of the author and the prin'ipal performer !ill have to be announ'ed !ith the broad'ast (unless 'ommuni'ated by !ay of the performan'e itself). Re'ords and boo s of a''ounts !ill have to be maintained by the Broad'astin) 6r)anizations and reports !ill be re>uired to be )iven to the o!ners of the ri)hts. .he o!ners are also )ranted audit ri)hts a)ainst the broad'astin) or)anizations.

It is not 'lear on !hat prin'iples the (opyri)ht Board may fi- royalties for statutory li'ense= !hether the Board !ill invite su))estions from sta eholders or if separate rates !ill be fi-ed for different )eo)raphies (e.). in 'ase of 5" li'enses royalties may be fi-ed dependin) upon the 'ities) or !hether royalty rates !ill vary dependin) upon the nature of the !or . @ .here is no e-press me'hanism to 'hallen)e the rate fi-ed by the Board for statutory li'enses. @ It appears that if the royalties fi-ed by the (opyri)ht Board, are more favourable than the .ariff S'heme issued by the (opyri)ht So'ieties (as dis'ussed belo!), the broad'asters may opt for the same. .his is li ely to redu'e len)thy ne)otiations and9or liti)ation !ith the ri)ht holders 9 'opyri)ht so'ieties. Ender Se'tion 4#, the (opyri)ht Board !hile 'onsiderin) the appli'ation for (L, is re>uired to form an opinion !hether the appli'ant for (L is >ualified to do so. It has not been 'larified as to !hat is meant by +>ualified to do so,. 5urther, similar provision is not in'orporated in Se'tion 4#* in relation to the unpublished and anonymous !or s (. (opyri)ht So'ieties Constit tion of Societies @ .he (opyri)ht *'t envisa)ed the formin) of 'opyri)ht so'ieties of the Ko!ners of the !or D. .he *mendment also permits authors of the !or to be members of

the (opyri)ht So'ieties. .his is primarily in vie! of the spe'ial e'onomi' ri)hts provided to the authors as dis'ussed above. @ .he re)istration of (opyri)ht So'ieties !ill be )ranted for a term of five years and shall be rene!ed every five years. @ .he (opyri)ht So'ieties !ould need to re re)ister !ithin a period of one year from the date of 'ommen'ement of the (opyri)ht (*mendment) *'t, %&#%. @ (opyri)ht So'ieties are re>uired to have )overnin) bodies 'onsistin) of e>ual number of authors and o!ners of !or for the purpose of administration of the so'iety. *ll members of the (opyri)ht So'iety shall enjoy e>ual membership ri)hts and there shall be no dis'rimination bet!een authors and o!ners in the distribution of royalties. b. So'ieties of performers and broad'asters .he *mendment also envisa)es the (opyri)ht So'ieties re)istered under the *'t to administer the ri)hts of the performers and broad'asters. .he provisions appli'able to the authorsD so'ieties in'ludin) the ne! tariff related provision spe'ified belo!, are appli'able in relation to su'h so'ieties. .he *mendment proposes to insert a ne! Se'tion 44* providin) for the follo!in); @ :very 'opyri)ht so'iety is re>uired to publish its .ariff S'heme in a pres'ribed manner= @ *ny person !ho is a))rieved by the tariff s'heme may appeal to the (opyri)ht Board and the Board may, if satisfied after holdin) su'h in>uiry as it may 'onsider ne'essary, ma e su'h orders as may be re>uired to remove any unreasonable element, anomaly or in'onsisten'y therein= @ 2o!ever, the a))rieved person is re>uired to pay to the 'opyri)ht so'iety any fee as may be pres'ribed that has fallen due before ma in) an appeal to the (opyri)ht Board and shall 'ontinue to pay su'h fee until the appeal is de'ided. .he Board has no authority to issue any order stayin) the 'olle'tion of su'h fee pendin) disposal of the

appeal; @ .he (opyri)ht Board may after hearin) the parties fi- an interim tariff and dire't the a))rieved parties to ma e the payment a''ordin)ly pendin) disposal of the appeal. *nalysis; @ .he broad'asters are re>uired to deposit the tariff that is published by the so'ieties before appealin) a)ainst their rates and !ill be re>uired to 'ontinue to pay the royalties till the 'on'lusion of the appeal. @ .hou)h the (opyri)ht Board has the po!er to fi- interim tariffs, the 'opyri)ht board is not a re)ular 'ourt and only sits on'e in t!o months, that too for a 'ouple of days. .herefore, the de'isions on the rates may ta e some time. .hus, the broad'asters may have to pay the tariffs de'ided by the 'opyri)ht so'ieties till the (opyri)ht Board de'ides the interim rates. @ .here is need for a fulltime (opyri)ht Board for handlin) li'ensin) and tariff related issues. D. Enforce!ent a. ?hat is not an infrin)ement Se'tion 1% of the *'t, enlists 'ertain a'ts, !hi'h do not 'onstitute infrin)ement. .he *mendment has introdu'ed the follo!in) 'han)es; @ Some of the e-'eptions (su'h as fair dealin), use for edu'ation purpose) !hi'h !ere earlier appli'able only in relation to 'ertain types of !or (e.). literary, dramati' and musi'al !or s), have been made appli'able to all types of !or = @ a fair dealin) e-'eption has been e-tended to the reportin) of 'urrent events, in'ludin) the reportin) of a le'ture delivered in publi'. :arlier, fair dealin) e-'eption !as limited for (i) private or personal use, in'ludin) resear'h, and (ii) 'riti'ism or revie!, !hether of that !or or of any other !or . 5urther, it has been 'larified that the storin) of any !or in any ele'troni' medium for the purposes mentioned in this 'lause, in'ludin)

the in'idental stora)e of any 'omputer pro)ramme !hi'h is not itself an infrin)in) 'opy, does not 'onstitute infrin)ement. @ 5ollo!in) ne! e-'eptions have been added in Se'tion 1%; o the transient and in'idental stora)e of a !or or performan'e purely in the te'hni'al pro'ess of ele'troni' transmission or 'ommuni'ation to the publi'=o the transient and in'idental stora)e of a !or or performan'e for the purpose of providin) ele'troni' lin s, a''ess or inte)ration, !here su'h lin s, a''ess or inte)ration has not been e-pressly prohibited by the ri)ht holder, unless the person responsible is a!are or has reasonable )rounds for believin) that su'h stora)e is of an infrin)in) 'opy; Provided that if the person responsible for the stora)e of a 'opy, on a 'omplaint from !hi'h any person has been prevented, he may re>uire su'h person to produ'e an order !ithin fourteen days from the 'ompetent 'ourt for the 'ontinued prevention of su'h stora)e=o the storin) of a !or in any medium by ele'troni' means by a non'ommer'ial publi' library, for preservation if the library already possesses a nondi)ital 'opy of the !or =o the ma in) of a threedimensional obje't from a t!odimensional artisti' !or , su'h as a te'hni'al dra!in), for the purposes of industrial appli'ation of any purely fun'tional part of a useful devi'e=o the adaptation, reprodu'tion, issue of 'opies or 'ommuni'ation to the publi' of any !or in a format, in'ludin) si)n lan)ua)e, spe'ially desi)ned only for the use of persons sufferin) from a visual, aural or other disability that prevents their enjoyment of su'h !or s in their normal format= o the importation of 'opies of any literary or artisti' !or , su'h as labels, 'ompany lo)os or promotional or e-planatory material, that is purely in'idental to other )oods or produ'ts bein) imported la!fully.

@ Se'tion 1% (#) (j), !hi'h deals !ith the provision relatin) to version re'ordin) has been deleted and a separate Se'tion 4#( has been in'orporated, !hi'h is dis'ussed in this hotline. *nalysis; .he amendments to Se'tion 1% (#) and its subse'tions appear to be in 'onsonan'e !ith re'ent and on)oin) te'hnolo)i'al advan'ements. .he additional e-'eptions tie in !ith the re'ent amendments to the Information .e'hnolo)y *'t, %&&&, that are desi)ned toprote't intermediaries from a'tivities that are not monitored by them (unless re>uired by la!). (. #ro.isions to c r( #ir%cy ?orld over, the o!ners of 'opyri)ht are fa'ed !ith the problem of pira'y. .he problem of pira'y has in'reased !ith rapid advan'es in te'hnolo)y. Ge! te'hnolo)i'al solutions have emer)ed, ma in) it easy for the pirates to 'arry on their ille)al a'tivities. .he film and musi' industries in India are ine-tri'ably lin ed !ith ea'h other and pira'y in one has an adverse effe't on the other. "usi' pira'y refers to 'ounterfeitin) stora)e devi'es, ille)al do!nloads and the ille)al import9sale of musi'. 5ilm pira'y in'ludes pira'y of film 3L3s9L(3s, ille)al transmission of films by 'able operators and peer topeer transfers over the internet. 7iven that in urban India, it is 'heaper to pur'hase a 3L3 of a movie than pay for a theatre ti' et for the same, it is imperative to 'ontrol pira'y in order to ensure )ro!th in the revenues of the film and musi' industries. *''ordin) to the ES India Business (oun'il :rnst M Noun) %&&C report on K.he :ffe'ts of (ounterfeitin) and Pira'y on IndiaOs :ntertainment Industry,O the Indian film industry lost ES3 010 million and 1$#,C0H jobs due to pira'y. .o 'urb pira'y, the *mendment has introdu'ed the follo!in) provisions, !hi'h are appli'able in relation to 'opyri)ht, performerDs ri)hts and broad'asterDs ri)ht )ranted under the (opyri)ht *'t; Provision a)ainst 'ir'umvention of te'hnolo)y (Se'tion H1*)

*ny person !ho 'ir'umvents an effe'tive te'hnolo)i'al measure applied for the purpose of prote'tin) any of the ri)hts 'onferred by the (opyri)ht *'t, !ith the intention of infrin)in) su'h ri)hts, shall be punishable !ith imprisonment !hi'h may e-tend to t!o years and shall also be liable to fine. 2o!ever, follo!in) are the e-'eptions; @ doin) anythin) referred to above, for a purpose not e-pressly prohibited by this *'t; Provided that any person fa'ilitatin) 'ir'umvention by another person of a te'hnolo)i'al measure for su'h a purpose shall maintain a 'omplete re'ord of su'h other person in'ludin) his name, address and all relevant parti'ulars ne'essary to identify him and the purpose for !hi'h he has been fa'ilitated= or @ doin) anythin) ne'essary to 'ondu't en'ryption resear'h usin) a la!fully obtained en'rypted 'opy= or @ 'ondu'tin) any la!ful investi)ation= or @ doin) anythin) ne'essary for the purpose of testin) the se'urity of a 'omputer system or a 'omputer net!or !ith the authorization of its o!ner or operator= or @ doin) anythin) ne'essary to 'ir'umvent te'hnolo)i'al measures intended for identifi'ation or surveillan'e of a user= or @ ta in) measures ne'essary in the interest of national se'urity. *nalysis; @ .here is ambi)uity !ith referen'e to the term Kfa'ilitatin)D in the proviso to Se'tion H1* (%) (a), as it is un'lear !ho this may 'over. @ .he a't of abettin) or aidin) the 'ir'umvention of te'hnolo)y may also be an offen'e under this se'tion. @ .his se'tion does not punish persons !ho 'ir'umvent te'hnolo)y for the purpose of doin) anythin) !hi'h is ne'essary for testin) the se'urity of a 'omputer system or a 'omputer net!or !ith the authorisation of its o!ner or operator. .he s'ope

of the e-emption under this se'tion should be restri'ted to o!ners or operators !ho are spe'ially authorized by the o!ners to perform the tas and should not be so !ide so as to 'over any operator in )eneral. .he time period for !hi'h the re'ord should be retained under the proviso to Se'tion H1 * (%) (a) has not been spe'ified. It appears that retention of re'ords till the e-piry of limitation period should be suffi'ient. @ Lastly, !hile the o!ner of 'opyri)ht may avail of 'ivil remedies in addition to 'riminal remedies a)ainst persons indul)in) in a'ts punishable under Se'tion H1B, the 'ivil remedy has not been e-tended in 'ase of offen'es under Se'tion H1*, !hi'h should have been e-tended as !ell. Ri)ht mana)ement information Ge! provisions have been inserted in relation to ri)ht mana)ement information (R"I). R"I is defined to mean a. b. c. d. e. the title or other information identifyin) the !or or performan'e= the name of the author or performer= the name and address of the o!ner of ri)hts= terms and 'onditions re)ardin) the use of the ri)hts= and any number or 'ode that represents the information referred to in sub'lauses (a) to (d), but does not in'lude any devi'e or pro'edure intended to identify the user. 5ollo!in) a'ts are 'onsidered as offen'es and shall be punishable !ith imprisonment !hi'h may e-tend to t!o years as !ell as fine; a. b. no!in)ly removin) or alterin) any R"I !ithout authority, or no!in)ly distributin), importin) for distribution, broad'astin) or 'ommuni'atin) to the publi', !ithout authority, 'opies of any !or , or performan'e no!in) that ele'troni' R"I has been removed or altered !ithout authority. 5urther, the o!ner of 'opyri)ht may also avail of 'ivil remedies provided under (hapter JII a)ainst the persons indul)in) in su'h a'ts.

An%&ysis' It is not 'lear as to !hy the se'ond prohibited a'tivity as spe'ified above, is only limited to Kele'troni'D R"I. 7iven that a distin'tion has )enerally been made bet!een Kele'troni'D and Kdi)italD throu)hout the *'t. Insertion of this !ord here may lead to narro! interpretation. ?hen 'omparin) this se'tion !ith the 3i)ital "illennium (opyri)ht *'t (as appli'able in the ES*) (the +3"(*,), !e find that there are numerous differen'es. 5or instan'e, there is ambi)uity as to ho! the term KauthorityD is 'onstrued under the amended se'tion. 5urthermore, the 3"(* ma es e-'eptions for su'h a'tivities by la! enfor'ement, intelli)en'e or other authorized )overnment personnel, !hi'h is not the 'ase in Se'tion H1B. .he e-emptions as provided under Se'tion H1* (%), should have also been made appli'able in relation to Se'tion H1B. c. C sto! Co!!issioner % thori/ed to sto" i!"ort of infringing co"ies .he *mendment has introdu'ed a ne! Se'tion 14 !hi'h provides a detailed pro'edure !here the o!ner of the 'opyri)ht 'an ma e an appli'ation to the (ommissioner of (ustoms (or any other authorized offi'er) for seizin) of infrin)in) 'opies of !or s that are imported into India. .his amendment seems to be in line !ith the Intelle'tual Property Ri)hts (Imported 7oods) :nfor'ement Rules, %&&$. Ender the old *'t, Se'tion 14 provided that an o!ner of the 'opyri)ht 'an ma e an appli'ation to the Re)istrar of (opyri)hts for pro'urin) an order that infrin)in) 'opies shall not be imported into India. .he *mendment see s to vest the po!er dire'tly !ith the (ustoms offi'e. .he provision provides the follo!in); @ .he o!ner of the 'opyri)ht or his duly authorized a)ent may )ive noti'e in !ritin) to the (ommissioner of (ustoms or to any other offi'er authorized in this behalf by the (entral Board of :-'ise and (ustoms statin) that he is the o!ner of the 'opyri)ht in the !or and (!ith proof thereof) and re>uestin) the (ommissioner, for a period spe'ified in the noti'e (not e-'eedin) one year), to treat infrin)in) 'opies of the !or as prohibited )oods.

@ .he noti'e should also state the time and pla'e the infrin)in) 'opies of the !or are e-pe'ted to arrive in India.

@ .he o!ner of the !or must deposit su'h amount !ith the (ommissioner as se'urity havin) re)ard to the li ely e-penses on demurra)e, 'ost of stora)e and 'ompensation to the importer in 'ase it is found that the !or s are not infrin)in) 'opies.

@ *fter s'rutiny of the eviden'e furnished by the o!ner of the ri)ht and on bein) satisfied, the (ommissioner may treat infrin)in) 'opies of the !or as prohibited )oods that have been imported into India, e-'ludin) )oods in transit. @ ?hen any )oods treated as prohibited under the above provision have been detained, the (ustoms 6ffi'er detainin) them shall inform the importer as !ell as the person !ho )ave noti'e, of the detention of su'h )oods !ithin fortyei)ht hours of their detention. .he (ustoms 6ffi'er shall release the )oods, and they shall no lon)er be treated as prohibited )oods, if the person !ho )ave noti'e does not produ'e any order from a 'ourt havin) jurisdi'tion as to the temporary or permanent disposal of su'h )oods !ithin fourteen days from the date of their detention. *nalysis; .he present provision appears to be an aid to the 'opyri)ht o!ner to prevent import of infrin)in) 'opies into India. 2o!ever, the (ustoms authorities have limited ri)ht to detain the )oods till the 'opyri)ht o!ner obtains 'ourt order. .he o!ner of the 'opyri)ht needs to )ive proof of o!nership of his ri)hts !ith the appli'ation. (opyri)ht does not re>uire re)istration for bein) prote'ted in India. .he ri)ht holders !ill fa'e diffi'ulties to 'onvin'e the authorities about their o!nership of unre)istered 'opyri)ht and therefore, there is a need for )uidelines to be issued in respe't of unre)istered 'opyri)ht for better implementation of the obje't of this provision. 5urther, in the 'ase of the 7ramophone (o. of India Ltd. v. BB Pandey, $ the Supreme

(ourt of India 'on'luded that the !ord OimportO in Se'tions 1# and 14 of the *'t means Obrin)in) into India from outside IndiaO and is not limited to importation for 'ommer'e

only but in'ludes importation for transit a'ross the 'ountry. .he moment )oods enter India, even if it is on transit it is prone to violation of 'opyri)ht. 2o!ever, the *mendment has 'arved out +)ood in transit, from the +prohibited )oods, for the purpose of this Se'tion. E. Other s%&ient %!end!ents %. 0is %& Recording .he definition of this term has been added to read as +visual re'ordin), means the re'ordin) in any medium, by any method in'ludin) the storin) of it by any ele'troni' means, of movin) ima)es or of the representations thereof, from !hi'h they 'an be per'eived, reprodu'ed or 'ommuni'ated by any method,. .his term !hile used in the *'t had not been previously defined.

#0C8 (%) S(( 148. S(

(. Co!! nic%tion to # (&ic .he definition of this term has been amended. .he erst!hile definition !as appli'able only to +!or s,. .he definition has been made appli'able to the +performan'e, of the performer as !ell. *lso, if the !or or performan'e is made available, !hether simultaneously or at pla'es and times 'hosen individually, this !ould also be 'onsidered as 'ommuni'ation to Kpubli'D. .hus, on demand servi'es (video on demand, musi' on demand), !ill 'learly be 'onsidered as +'ommuni'ation to publi',. '. "eanin) of (opyri)ht Se'tion #8 of the *'t, details in relation to ea'h !or , the meanin) of the term 'opyri)ht i.e. the ri)hts )ranted in relation to that !or under the *'t. In relation to an Kartisti' !or D, K'inemato)raph filmD and Ksound re'ordin), a ne! ri)ht has been e-pressed viz. Kri)ht to store the !or in any medium by ele'troni' or other meansD. .hus, violation of this ri)ht e.). online stora)e of !or , !ould amount to infrin)ement of 'opyri)ht. d. .erm of (opyri)ht in photo)raph .he term of 'opyri)ht subsistin) in a photo)raph published !ithin the lifetime of the author has been e-tended until si-ty years from the be)innin) of the 'alendar year ne-t follo!in) the year in !hi'h the author dies. :arlier, the term subsisted for H& years from the be)innin) of the 'alendar year ne-t follo!in) the year in !hi'h the photo)raph is published. It is not 'lear !hether this provision applies to all the photo)raphs in relation to !hi'h the

'opyri)ht is subsistin) as on the 'omin) into effe't of the *mendment or !ill also apply to the photo)raphs in relation to !hi'h the 'opyri)ht has e-pired, as per the earlier provision. e. .erm of forei)n 'opyri)ht It has been 'larified in Se'tion 8& (dealin) !ith forei)n !or ) that the term of 'opyri)ht )ranted to forei)n !or shall not e-'eed the term of 'opyri)ht provided under the (opyri)ht *'t. .herefore, even if in any 'ountry from !hi'h the !or ori)inates, )rants lon)er term than the one available under the (opyri)ht *'t, in India prote'tion !ill 'ontinue only as per the term under the (opyri)ht *'t. f. Co!!erci%& Rent%& .he provisions of the *'t relatin) to hirin) of !or have been made appli'able only to 'ommer'ial rental. It is proposed to 'larify that 'ommer'ial rental does not in'lude the rental, lease or lendin) of a la!fully a'>uired 'opy of a 'omputer pro)ramme, sound re'ordin), visual re'ordin) or 'inemato)raph film for nonprofit purposes by a non profit library or nonprofit edu'ational institution. By the amendment, the e-'lusive ri)ht of the o!ner of the !or to )ive a 'opy of the !or on rental is limited to +'ommer'ial rental,. Similarly, the e-'lusive ri)ht of the broad'aster to )ive a 'opy of the broad'astin) on rental is limited to +'ommer'ial rental,. By repla'in) the !ord 'ommer'ial rental in the pla'e of rental, the *mendment seems to be aimin) at distin)uishin) bet!een rental of 'opyri)hted !or s !ith profit motive and nonprofit motive thereby fa'ilitatin) free flo! of no!led)e and art for so'ial and edu'ational purposes. +Gonprofit library or nonprofit edu'ational institution, is defined to mean a library or edu'ational institution !hi'h re'eives )rants from the 7overnment or !hi'h is e-empted from payment of ta- under the In'ome .a- *'t, #0H#. ). *ssi)nment

It has been sou)ht to be 'larified in Se'tion #C (!hi'h deals !ith assi)nment of 'opyri)ht) that no assi)nment shall be applied to any medium or mode of e-ploitation of the !or , !hi'h did not e-ist or !as not in 'ommer'ial use at the time !hen the assi)nment !as made, unless the assi)nment spe'ifi'ally referred to su'h medium or mode of e-ploitation of the !or . 7enerally, !hen the assi)nment is intended to be 'omplete of all ri)hts, assi)nment a)reement 'larifies that the assi)nment is intended to operate for all media and modes of e-ploitation, !hether e-istin) no! or in future. .he introdu'tion of the above provision !ould ma e it ne'essary to even spe'ify that the assi)nment !ill apply in relation to a mode K!hether in 'ommer'ial use or notD, if that is the intention of the parties. 5urther, the a)reements !ill have to be 'arefully drafted ta in) into a''ount possible te'hnolo)i'al advan'es. It is not 'lear !hether this provision !ould also apply retrospe'tively, i.e. to the assi)nments made prior to the *mendment. If it is held that it does so apply, then all earlier assi)nments may have limited appli'ation and if the intention of parties !as to )rant 'omplete assi)nments, the parties may have to e-plore enterin) into amendment a)reements. h. 3i)ital Si)nature Se'tion 4& of the *'t has been amended su'h that the o!ner of the 'opyri)ht in any e-istin) !or or the prospe'tive o!ner of the 'opyri)ht in any future !or may )rant any interest in the ri)ht by li'ense in !ritin) by him or by his duly authorized a)ent. *nalysis; *s per Se'tion 4& of the *'t, one of the 'onditions for the )rant of a valid li'ense !as that the li'ense !as re>uired to be made in +!ritin), and +si)ned, by the li'ensor. 2o!ever, there !as an evolution of various e'ommer'e online li'ense a)reements in relation to 'opyri)htable !or s !hi'h !ere bein) underta en (:); (li' ?rap Soft!are Li'enses), althou)h there !as an anomaly to its validity. .he reason for the anomaly bein) that thou)h su'h li'enses !ere in !ritin), they did not fulfill the re>uisite of bein)

si)ned by the li'ensor. 5urther, the nature and uni>ueness of these online li'enses usually did not provide the li'ensor to affi- his ele'troni' si)nature, as re>uired under the Information .e'hnolo)y *'t, %&&&. .he introdu'tion of this amendment !hi'h provides that si)nature is no more a re>uisite for the )rant of a valid li'ense !ill resolve the anomaly and provide san'tity to online li'ense a)reements, provided the other 'onditions as spe'ified under this Se'tion 4& are fulfilled. 5urther, as per Se'tion #C of the *'t, one of the 'onditions for the )rant of a valid assi)nment is that the assi)nment is re>uired to be made in +!ritin), and +si)ned, by the assi)nor. .he amendment proposes no 'han)es to the same and thus all assi)nments not only re>uire to be in !ritin) but they also need to be si)ned by the assi)nor. i. Interi! Order to (e "%ssed (y Co"yright Bo%rd *s per the provisions of Se'tion #0* of the *'t, the parties to assi)nment of 'opyri)ht may approa'h the (opyri)ht Board for (i) revo'ation of the assi)nment, !hen assi)nee fails to ma e suffi'ient e-er'ise of the ri)hts assi)ned to him, and su'h failure is not attributable to any a't or omission of the assi)nor (this appli'ation is filed by the assi)nor)= (ii) any dispute !ith respe't to assi)nment of 'opyri)ht. Go!, the (opyri)ht Board may pass an order, as it deems fit, pendin) the disposal of an appli'ation for revo'ation of assi)nment under this sub se'tion, re)ardin) implementation of the terms and 'onditions of assi)nment, in'ludin) any 'onsideration to be paid for the enjoyment of the ri)hts assi)ned. .he ri)ht to pass su'h order at present is limited in relation to revo'ation appli'ations, and 'ould have been e-tended to appli'ation related to other disputes as !ell. Go! the (opyri)ht Board is re>uired )rant an order on the appli'ation under this Se'tion !ithin H months. .his !ill assist speedy redressal or disputes. :arlier, Se'tion #0* !as appli'able to disputes in relation to 'opyri)ht li'enses as !ell. 2o!ever, post *mendment, disputes in relation to 'opyri)ht li'ense a)reement 'annot be adjudi'ated by the (opyri)ht Board.

1. Dis"os%& of infringing co"ies Se'tion HH, inter alia, provides that the 'ourt tryin) any offen'e under the *'t may order that all the 'opies of the !or or plates of infrin)in) 'opies be delivered to the o!ner of the 'opyri)ht. *fter the amendment, the 'ourt is no! empo!ered to ma e su'h other order as it may deem fit re)ardin) the disposal of su'h infrin)in) 'opies or plates. . Rules.he )overnment has been inter alia )ranted the po!er to ma e Rules in relation to the follo!in); @ the form and manner in !hi'h an or)anization may apply to the (opyri)ht Board for 'ompulsory li'ense for the disabled and the fee !hi'h may a''ompany su'h appli'ation under subse'tion (#) of se'tion 4#B= @ the manner in !hi'h a person ma in) sound re'ordin) may )ive prior noti'e of his intention to ma e version re'ordin) under Se'tion 4#( (%)= @ the manner in !hi'h prior noti'e may be )iven by a broad'astin) or)anization for statutory li'ense under Se'tion 4#3 (%)= @ the manner in !hi'h a 'opyri)ht so'iety may publish its .ariff S'heme under Se'tion 44* (#). (on'lusion .he *mendments !ere mu'h a!aited and no! that they are almost a reality, it !ill be interestin) to see ho! the industries !ill deal !ith the impa't of the 'han)es. .he *mendments have 'ertainly )iven room for usin) 'reative la!yerin) s ills to develop and stru'ture innovative business models to help the industries effe'tively deal !ith the 'han)es.

CONCLUSION

.he (opyri)ht (*mendment) *'t, %&#& !as introdu'ed in the Rajya Sabha on *pril #0, %&#&. .he Bill !as referred to the 3epartment related Standin) (ommittee on 2uman Resour'e 3evelopment ((hairperson; Shri 6s'ar 5ernandes), !hi'h is s'heduled to submit its report !ithin t!o months. .he Bill amends the (opyri)ht *'t, #01$, !hi'h 'onsolidates the la! relatin) to 'opyri)hts in India. .he Bill see s to ma e the provisions of the la! in 'onformity !ith the ?orld Intelle'tual Property 6r)anisationDs ?IP6 (opyri)ht .reaty and ?IP6 Performan'es and Phono)rams .reaty. .he treaties deal !ith prote'tion of authors of literary and artisti' !or s and ri)hts of performers and produ'ers of phono)rams. .he *'t adds three definitions; +'ommer'ial rental,, +ri)hts mana)ement information, and +visual re'ordin),. It amends the definitions of +author,, +'inemato)raph film,, +'ommuni'ation to the publi',, +infrin)in) 'opy,, +performer, and +joint authorship,. It in'ludes the produ'er and prin'ipal dire'tor of a film and the produ'er of a sound re'ordin) in the definition of author. It e-'ludes a person from the definition of +performer, in a film if his role !as in'idental and in the normal 'ourse of pra'ti'e is not a' no!led)ed in the 'redits of a film. .he *'t states that the author of a !or (!hi'h in'ludes literary !or , 'inemato)raph films and sound re'ordin)s) is the first o!ner of 'opyri)ht. It defines +'opyri)ht, as the e-'lusive ri)ht of the author to reprodu'e a literary or dramati' !or or 'omputer pro)ramme or artisti' !or .

.he *'t prote'ts performerDs ri)ht by allo!in) him to ma e sound or visual re'ordin) of the performan'e and allo! its reprodu'tion in any medium, issuin) 'opies to the publi' or sellin) or rentin) a 'opy of the re'ordin). It also re'o)nises the ri)ht of the performer to be identified as the performer or restrain any distortion of the performan'e even if he has a !ritten a)reement to in'lude his performan'e in a 'inemato)raph film. .he *'t e-pands the definition of +'opyri)ht, to allo! artisti' !or s, 'inemato)raph films and sound re'ordin) to be saved in ele'troni' forms. It also allo!s the 'opy of the film or sound re'ordin) to be rented out or sold. .he *'t states that in 'ase of 'inemato)raph films the produ'er and the prin'ipal dire'tor shall be the joint first o!ner of 'opyri)ht. In 'ase of a film produ'ed before the *'t is passed, the prin'ipal dire'tor shall have 'opyri)ht for #& years after the e-piry of the 'opyri)ht subje't to any a)reement bet!een the prin'ipal dire'tor and the o!ner of the 'opyri)ht. .he author retains his 'opyri)ht even if his !or is used in a 'inemato)raph film. .he *'t enhan'es the term of a 'opyri)ht for a 'inemato)raph film. 5or a prin'ipal dire'tor, the 'opyri)ht is for $& years. 5or a produ'er, the 'opyri)ht is H& years, e-tended to another #& years if he enters into an a)reement !ith the prin'ipal dire'tor. .he term of 'opyri)ht of photo)raphs has been e-tended to life plus H& years. *ny re'o)nised or)anisation !or in) primarily for the disabled may apply to the (opyri)ht Board for 'ompulsory li'en'e of any 'opyri)hted !or for the benefit of the disabled. .he (opyri)ht Board may dire't the Re)istrar of (opyri)hts to )rant the li'en'e for pres'ribed time. .he *'t see s to introdu'e a system of statutory li'en'in) for 'over version of a sound re'ordin) so that ri)ht of 'opyri)ht holder of literary or musi'al !or is prote'ted. *lso, allo! statutory li'en'in) to broad'astin) or)anisations of published !or s. .he rate of royalty shall be fi-ed by the (opyri)ht Board. .he *'t provides for re)istration of 'opyri)ht so'ieties by authors and other o!ners of ri)hts for the interest of the author and the 'onvenien'e of people see in) li'en'es. .he *'t amends this to allo! 'opyri)ht so'ieties to be re)istered only by authors of !or s. :a'h 'opyri)ht so'iety shall publish a tariff s'heme. In 'ase of dispute, the a))rieved party 'an appeal to the (opyri)ht Board. .he *'t in'ludes a list of a'tivities !hi'h does not 'onstitute infrin)ement of 'opyri)ht. .he *'t e-'ludes 'opyin) of 'omputer pro)ramme from the list. It in'ludes reportin) of 'urrent events (in'ludin) publi' le'tures) and nonI 'ommer'ial libraries..he *'t penalises any person !ho infrin)es a te'hnolo)i'al measure applied for prote'tin) ri)hts in the la! !ith imprisonment of upto t!o years and a fine.