[Commons-Law] Comments Officially Invited on Indian Copyright Amendment | Deadline: May 31

[Pranesh Prakash]

http://j.mp/cNoWmM

THE STANDING COMMITTEE ON HUMAN RESOURCE DEVELOPMENT INVITES SUGGESTIONS
ON THE COPYRIGHT (AMENDMENT) BILL, 2010.

1.      The Copyright (Amendment) Bill, 2010 as introduced and pending
in Rajya Sabha has been referred to the Department-related Parliamentary
Standing Committee on Human Resource Development headed by Shri Oscar
Fernandes, MP, Rajya Sabha for examination and report.

2.      The proposed Bill seeks to amend the Copyright Act, 1957 to
bring it in conformity with World Intellectual Property Organisation's
WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty
(WPPT). The WCT deals with the protection for the authors of literary
and artistic works such as writings, computer programmes, original
databases, musical works, audio-visual works, works of fine art and
photographs. The WPPT protects certain 'related rights' of the
performers and producers of phonograms.

3.      Amendments proposed in the Bill inter-alia seek to:
        (i)    give independent rights to authors of literary and
musical works in cinematograph films;
        (ii)   provide storing of copyrights material by electronic
means and musical works in the context of digital technology and provide
for liability of internet service providers;
        (iii)  enhance the term of copyright for photographers to 'life
plus sixty years', introduce copyright term of 70 years for principal
director and extend the copyright term for producer for another ten
years in case of agreement with the principal director.
        (iv)   make provision for compulsory licensing for certain
entities for publication of copyright works in other formats, introduce
statutory licensing for version recording of all sound recordings and
statutory licensing for radio broadcasting of literary and musical works
and sound recordings.
        (v)    allow the physically challenged persons access to
copyright material in specialized formats;
        (vi)   make provision for formulation and administration of
copyright societies by the authors instead of the owners and
introduction of tariff scheme by copyright societies.
        (vii)   ensure that the authors of the works, in particular,
authors of songs included in cinematograph films or sound recordings
receive royalty for commercial exploitation of such works.

4.      The Committee has decided to invite memoranda containing
views/suggestions from individuals/organizations interested in the
subject-matter of the Bill.

5.      Those desirous of submitting memoranda to the Committee may send
their written memoranda, either in English or Hindi, to Shri
J.Sundriyal, Director, Rajya Sabha Secretariat, 141, First Floor,
Parliament House Annexe, New Delhi- 110001. (Tel: 23034541 and Fax:
23793633) E-mail: sundrial at sansad.nic.in and rsc_hrd at sansad.nic.in
within fifteen days from the date of publication of this advertisement.
Those who are willing to appear before the Committee for oral evidence
besides submitting the memoranda may indicate so. However, the
Committee's decision in this regard shall be final.

6.      The memorandum submitted to the Committee would form part of the
records of the Committee and would be treated as confidential and would
enjoy privileges of the Committee.

7.      The Bill has been published in the Gazette of India,
Extraordinary, Part II, Section 2, dated the 19th April, 2010. Copies of
the Bill can be had on written request to the above- mentioned Officer
or can be downloaded from the official web-site of the Rajya Sabha
(http://rajyasabha.nic.in) under the caption "Bills with the Committees".

-- 
Pranesh Prakash
Programme Manager
Centre for Internet and Society
W: http://cis-india.org | T: +91 80 40926283

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