COPY RIGHT AND NEIGHBOURING RIGHTS
Copyright Industry 11.1.1 India is a major producer and exporter of copyright materials like computer software, cinematograph films and music. The major copyright industries have registered significant growth over the last few years. The exports of books have grown from Rs. 26 crore in 1986-87 to Rs. 121 crore (estimated) in 1995-96. The turnover of the computer software industry has grown from Rs. 175 crore in 1987-88 to about Rs.4,190 crore (estimated) in 1995-96. The exports of computer software have grown from Rs.70 crore in 1987-88 to Rs.2,520 crore (estimated) in 1995-96. India is the largest producer of cinematograph films, producing over 800 films annually with an estimated turnover of Rs. 1500 crore. The annual sale of domestically produced recorded music is of the order of Rs. 130 crore.
Copyright Law 11.1.2 Copyright and neighbouring rights are governed by the Copyright Act, 1957 as amended in 1994 and the Copyright Rules, 1958 as amended in 1995. The Act gives the creators of literary, dramatic, musical and artistic works, cinematograph films and sound recordings exclusive rights to reproduce, perform, translate, communicate to the public, etc. their works. It also gives broadcasting organisations 'broadcast reproduction right' and bestows on performers 'performer's right'. The Act also provides the authors certain moral rights like the right to claim authorship and to restrain or claim damages in respect of any distortion, mutilation, etc., of their works.
11.1.3 The Copyright Act provides for a Copyright Board to settle copyright disputes, for a Copyright Office for registration of copyright works, and for setting up of copyright societies to do copyright business.
Copyright Board 11.1.4 The Copyright Board, a quasi-judicial body, was constituted in September 1958. The jurisdiction of the Copyright Board extends to the whole of India. It hears cases regarding rectification of copyright registration, disputes in respect of assignment of copyright and granting of licences
- in works withheld from public,
- in unpublished Indian works,
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- to produce and publish translations, and
- to produce and publish works for certain specified purposes.
It also hears cases in other miscellaneous matters instituted before it under the Copyright Act, 1957. The meetings of the Board are held in different zones of the country to provide facility of justice to authors/creaters and owners of intellectual property near their place of residence or occupation.
11.1.5 The Copyright Board has been reconstituted under the chairmanship of Shri S. Ramaiah for a period of five years with effect from January 4, 1996. During the year, it has met thrice as under-
i) North Zone at New Delhi on March 25-27, 1996
ii) East Zone at Shillong on June 12-14, 1996
iii) South Zone at Thiruvananthapuram on September 19-21, 1996.
In these meetings, 16 cases were decided and Board Meeting for hearing the West Zone cases is scheduled to be held at Mumbai on February 26-28, 1997.
Copyright Office 11.1.6 The Copyright office was established in January 1958 in pursuance of Section 9 of the Copyright Act, 1957. The Office, under provisions of the Copyright Act, 1957, as amended from time to time, undertakes to register different classes of works. During 1996, 1193 works have been registered. The category-wise break-up of the registered works is as under:
(a) Literary, dramatic & musical 638
(b) Artistic 487
(c) Records 57
(d) Cinematograph films 11
11.1.7 In addition to this, the Copyright Office also registers the changes in the Register of Copyright in accordance with Section 49 of the Copyright Act, 1957 and Rule 17 of the Copyright Rules, 1958. During the period, changes have been effected in the particulars of 91 works entered in the Register of Copyright. Moreover, Copyright Office also issues certified copies of extracts from the Register of Copyright as also of the public documents in the custody of the Registrar of Copyright/Copyright Board. Inspection of the Register of Copyright is also open to the interested persons.
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Enforcement Of Copyright 11.1.8 In order to strengthen enforcement of copyright, several measures were taken. These include setting up of Copyright Enforcement Advisory Council, organisation of seminars/workshops o create greater awareness about copyright law among the enforcement personnel and general public, encouraging setting up of collective administration societies, creation of separate cells in state police headquarters, etc.
Special Cells for Copyright Enforcement 11.1.9 So far the States/UTs of Andhra Pradesh, Assam, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu & Kashmir, Karnataka, Kerala, Meghalaya, Sikkim, Tamil Nadu, West Bengal, A&N Islands, Chandigarh, Delhi, Dadra & Nagar Haveli and Daman & Diu have set up copyright enforcement cells.
Copyright Enforcement Advisory Council 11.1.10 The Copyright Enforcement Advisory Council (CEAC) was set up on November 6, 1991 to review the progress of enforcement of the Copyright Act periodically and to advise the government regarding measures for improving the enforcement of the Act. The term of the CEAC, which earlier expired on November 5, 1994, was extended for another three years w.e.f November 6, 1994. The 7th meeting of the Council was held on April 18, 1996 in New Delhi. Valuable suggestions, were made in the meeting for effective enforcement of copyright.
Collective Administration Societies 11.1.11 The Copyright (Amendment) Act, 1994 provides for setting up separate copyright societies for different categories of works. So far three copyright societies have been registered: one each for cinematorgaph films [Society for Copyright Regulation of Indian Producers of Films & Television (SCRIPT)], musical works [Indian Performing Right Society Limited (IPRS)] and sound recordings [Phonographic Performance Limited (PPL)].
National Seminars 11.1.12 In collaboration with World Intellectual Property Organisation (WIPO) a "National Seminar on Digital Technology and Copyright : New Challenges and New Opportunities" was organised in New Delhi on February 16-17, 1996. The main objective of the Seminar was to demystify the subject of copyright and familiarise the participants with copyright in general and digital technology in particular. The participants included law enforcing authorities like police personnel, representatives of State/UT Governments and Ministries/Departments concerned with policy formulation
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and making of rules and regulations of copyright, representatives of academic institutions like Indian Institutes of Technology and copyright industry people.
11.1.13 In collaboration with the WIPO and with the co-operation of the Indian Performing Right Society, Mumbai, two national seminars on enforcement of copyright law were held, the first in Mumbai on September 9-10, 1996 and the second at Bangalore on September 12-13, 1996. The objective of the seminars was to acquaint the senior officers of state level law enforcing agencies like the police, home and law departments and copyright industry organisations with the concept of copyright and offer a forum to discuss the problems of copyright enforcement.
World Book and Copyright Day 11.1.14 The General Conference of UNESCO at its twenty-eighth session (October 25 - November 16, 1995) adopted a resolution proclaiming April 23 as 'World Book and Copyright Day' every year. Programmes were organised by different agencies to celebrate the Day.
International Protection of Copyright And Neighbouring Rights
11.1.15 India has for long accepted the international obligations in regard to copyright protection. It is a member-state of the following international conventions on copyright and neighbouring rights:
i) Berne Convention for the Protection of Literary and Artistic Works since April 1, 1928. (The convention concluded in 1886 was revised in 1896, 1908, 1928, 1948, 1967, 1971 and was amended in 1979.)
ii) Universal Copyright Convention (UCC), under the auspices of UNESCO, since October 20, 1957. (The UCC was adopted at Geneva in 1952, came into force from September 16, 1955 and was revised at Paris in July 1971.)
iii) Convention for the Protection of Producers of Phonograms Against Unauthorised Duplication of Their Phonograms, since February 12, 1975. (The convention was adopted at Geneva in October 1971 and came into force from April 18, 1973.)
v) Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties and Additional Protocol, since October 31, 1983, with some reservations.
Copyright and neighbouring rights now form part of the TRIPS (Trade Related Aspects of Intellectual Property Rights) Agreement, 1994 which has come into force on January 1, 1996. The membership of these Conventions and Agreements ensures
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that Indian copyright holders get rights in those other countries who are members of these treaties.
Participation In Wipo Meetings 11.1.16 India is a member of the World Intellectual Property Organisation (WIPO), a specialised agency of the United Nations which deals with copyright and other intellectual property rights, and plays an important role in all its deliberations. This year, a delegation led by Shri P.R. Dasgupta, Secretary, Department of Education and Shri P.G. Mankad, Secretary, Department of Industrial Development attended the 29th Series of Meetings of Governing Bodies of WIPO and the Unions administered by it held in Geneva from September 23 to October 2, 1996.
New Treaties On Copyright And Neighbouring Rights 11.1.17 The history of copyright is the history of the response of law to technological developments. Since 1971, when the Berne Convention was last amended, and the Rome Convention (International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations) in 1961, there have been sweeping technological changes. The advent of digital technologies have posed serious challenges to the copyright regime. To examine the impact of the new technologies on copyright and neighbouring rights, the WIPO had set up two Committees of Experts (Committee of Experts on a Possible Protocol to the Berne Convention in September 1991 and the Committee of Experts on a Possible Instrument for Protection of the Rights of Performers and Producers of Phonograms in September 1992). These Committees, after exhaustive discussions, in which India was an active participant, drafted basic proposals for three new treaties, viz.,
i) Treaty for Protection of Literary and Artistic Works,
ii) Treaty for Protection of the Rights of Performers and Producers of Phonograms, and
iii) Treaty on sui generis Protection for Databases.
11.1.18 These treaties were discussed by a Diplomatic Conference convened by the WIPO from December 2 to 20, 1996. A five-member Indian delegation comprising of Dr. R.V.Vaidyanatha Ayyar, Additional Secretary, Department of Education, Shri S.C. Jain, Additional Secretary, Department of Legal Affairs, Shri Rudhra Gangadharan, Joint Secretary, Department of Education, Smt. P.V. Valsala G.Kutty, Registrar of Copyrights and Dr. N.S. Gopalakrishnan, Senior Assistant Professor, National Law School of India University, Bangalore, attended the Conference. Dr. Ayyar, the leader of the Indian Delegation, was elected chairman of the Drafting Committee and a member of the Steering Committee.
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11.1.19 The Conference adopted two treaties, the WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty. The database treaty was deferred for further study.
11.1.20 The Indian Delegation played a key role in the Conference acting as a bridge between the developed and developing countries and establishing special working relations not only with developing countries but also the United States and European Community; India was part of a group of seven countries which had a major say in the outcomes of the Conference. The Indian delegation was able to win support for the Indian position which was reflected in the new treaties.
11.1.21 Before attending the Diplomatic Conference, discussions were held with various interest groups in the country. In April 1996, the Ministry had set up a Core Group with representatives of other concerned ministries, industry organisations, enforcement agencies, copyright experts, etc., to consider the issues raised by the Committees of Experts and to make suggestions to facilitate formation of Indian stand on them.
11.1.22 In order to create awareness about the proposed three new treaties on copyright, neighbouring rights and databases discussed in the Diplomatic Conference, two panel discussions were organised by the National Book Trust - one in New Delhi on November 24, 1996 and the other at Hyderabad on November 30, 1996. These discussions were attended by a large number of mediapersons alongwith the representatives of copyright industry organisations, authors, etc.
11.1.23 India also played a leadership role in the regional consultations held before the Conference. Consequently, it was selected as one of the 15+1 developing countries who held close door consultations with 15+1 developed countries, prior to the Diplomatic Conference, on November 29-30, 1996.
11.1.24 The new treaties are likely to have far reaching consequences for culture industries and the economic and scientific communities in India. The Ministry, therefore, proposes to carry forward the debates and discussions on the subject. As part of this process, a two-day seminar was organised at Indian Institute of Technology (IIT), Delhi on February 7-8, 1997 to consider, among other things, implications of the treaties for India. The seminar was inaugurated by Shri S.R. Bommai, Hon'ble Minister of Human Resource Development. The participants included Vice-Chairman of University Grants Commission, Vice-Chancellors/Directors and senior faculty members of several universities, IITs, IIMs, IISc., and research organisations, senior government officers concerned with Intellectual Property Rights (IPR) matters, representatives of copyright industry organisations, legal practitioners and copyright experts. Apart from the treaties, the seminar discussed modalities of promoting the studies on IPRs.
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International Seminars On Copyright 11.1.25 India actively participated in various international seminars on copyright during the year. Shri Rudhra Gangadharan, Joint Secretary attended the WIPO-Asia Pacific Symposium on New Technologies and Enforcement of Copyright and WIPO Asia Consultation meeting on a Possible Protocol to the Berne Convention and on a Possible Instrument for the Protection of the Rights of Performers and Producers of Phonograms held in Jakarta, Indonesia on December 11-15, 1995. Dr. Raghbir Singh, Joint Secretary, Legislative Department, Shri T.C. James, Under Secretary, Department of Education and Shri S.K. Samal, Dy.Director General (Foreign Trade), Ministry of Commerce attended the WIPO-Asian Regional Symposium on the Agreement on TRIPS in Jakarta on May 2-4, 1996. Smt. P.V. Valsala G.Kutty, Deputy Secretary and Registrar of Copyrights attended Regional Seminar on Copyright and Neighbouring Rights held at Seoul, Korea on November 13-15, 1996. Dr. R.V.Vaidyanatha Ayyar, Additional Secretary and Shri Rudhra Gangadharan, Joint Secretary attended the WIPO-Asian Regional Congress on Copyright and Neighbouring Rights on November 18-20, 1996 and Regional Consultation Meeting for Developing Countries of Asia and the Pacific on November 21-22, 1996 at Chiangmai, Thailand.