The Union Cabinet has approved the proposal of the ministry of human resource development (HRD) to introduce a legislation to amend the Copyright Act, 1957. The draft is expected to be tabled in parliament during the Budget session.
The Cabinet is learnt to have taken note of the concerns expressed by the broadcasting industry (both TV and radio) over “tinkering” of the fair use clause. Following representations made by the broadcasting industry, the Cabinet has decided that the clause will remain.
The Cabinet note said the amendments “are being made to bring the act in conformity with the World Intellectual Property Organisation (WIPO) Internet Treaties, namely WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty (WPPT) which have set the international standards in these spheres”.
The existing performers’ rights are proposed to be further enhanced by introducing a new section to provide exclusive rights compatible with WPPT. Also, the moral rights of performers are proposed to be introduced in a new section of the Act. In addition, “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”.
According to the Cabinet decision, the period of copyright for photographers is proposed to be enhanced to “life plus 60 years”, instead of only 60 years as at present.In the case of music and films, statutory licence for version recordings and authorship will ensure that while making a sound recording of any literary, dramatic or musical work, the interest of the copyright holder is duly protected. The Cabinet also decided to extend the term of copyright for cinematograph films by making the producers and principal director joint authors.
Besides, a copyright term of 70 years to principal director has been announced.
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