The Ministry of Human Resource Development has proposed the amendments in the exisitng Copyright Act 1957, in order to gain clarity, remove operational difficulties and to address the newer issues that have emerged in the context of digital technology and the internet.
Amendments are being made to bring the Act in conformity with the World Intellectual Property Organisation (WIPO) Internet Treaties, namely WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) which have set the international standards in these spheres. The WCT deals with the protection for the authors of literary and artistic works such as writings, computer programmes, original databases, musical works, audiovisual works, works of fine art and photographs. The WPPT protects certain “related rights” which are the rights of the performers and producers of phonograms. While India has not yet signed the above two treaties it is necessary to amend domestic legislation to extend the copyright protection in the digital environment.
Amendments related to bring the Act in conformity with WCT and WPPT :
- Through a new section in the Act, it is proposed to ensure protection to the Right holders against circumvention of effective technological measures applied for purpose of protection of his rights like breaking of passwords etc. while maintaining an appropriate balance between the interests of the right holders on the one hand and of Technology innovators, Researchers and Educational Institutions on the other.
- The existing Performers’ Rights are proposed to be further enhanced by introducing a new section to provide exclusive rights compatible with WPPT.
- “The Moral Rights of Performers” are proposed to be introduced in a new section.
- Amendments have been proposed to protect the interests of researchers, students and educational institutions so as to ensure that Technological Measures do not act as a barrier for further development of the technology. These amendments also address the issue of access to information in the digital context and the liability of Internet service providers.
- The period of copyright for photographers is proposed to be enhanced to “Life plus sixty years” instead of only sixty years as at present.
Other amendments
- Amendments are being made for incidental changes, which are required in the context of digital technology to cover “storing of copyrights material by electronic means’.
- Amendments in relation to operational facilities, such as registration of Copyright Societies by providing that only authors can register and procedure for tariff schemes of copyright societies and commercial distinction between assignment and licence; and
- Enforcement of rights such as border measures, disposal of infringing copies and presumption of authorship under civil remedies.
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