Important provisions in Copyright Rules, 2013
With the initiation of the Copyright
Rules, 2013 the Government has made it clear that the laws are not going to be
easy for the copycats and the performers shall prevail over the original ideas.
If we compare the two copyright laws or in other words if it is New vs. Old
then the new rules are much clear with spirit or law and interpretation
thereto. The important provisions inserted by the Copyright Rules are as
follows:
1)
Appointment
of Advocates as members of Copyright Board: The constitution of Copyright
Board has been changed under Section 3 and a good news for the legal
practitioners that they are eligible to be appointed as the Members of the
Copyright Board.
a) Any
person having eligibility as follows can be appointed as the member of the
Copyright Board:
i)
is or has been a member of the Indian Legal
Service and has held a post in Grade-I of that service for at least three
years; or
ii)
has, for at least ten years, held a judicial
office; or
iii)
is or has been a Member of a Tribunal or Civil
Service not below the rank of a Joint Secretary to the Government of India with
three years' experience in the field of Copyright; or
iv) has, for at least ten years, been an
advocate of a proven specialized experience in Copyright Law;
2)
Relinquishments
of Copyrights: Unlike the old Rules the new copyright has specified proper
procedure for the relinquishment of Copyright. As per new rules the copyright
can be relinquished by two ways:
i)
File Form I with the Registrar; or
ii)
Make public notice for the same.
3) Compulsory License: Government of India
notified Section 31A, 31B, 31C, 31D for compulsory license to end the monopoly of
copyright owner related with the copyrighted work. Earlier only Section 31 was
a single way for the compulsory license in work withheld from public. Insertion
of new section has made it category specific and apart from Section 31,
compulsory licenses can be obtained for specific purposes also.
a) Rule
8 read with Section 31A: Compulsory License To Publish Or Communicate To The Public The Work Or
Translation Thereof:
In the case of any
published or unpublished wok is:
·
Withheld from pubic; or
·
Author is dead or unknown or can’t be traced
Then any person can apply to the Copyright for
compulsory license to republish the work. However, the Board shall give
opportunity of being heard to the original owner and shall grant royalties
thereto.
b) Rule 14 read with Section 31B: Compulsory License For Benefit Of Disabled:
Any person
working for benefit of person with disability for profit or business purposes
may apply to the Board for compulsory license to republish the work in any
format which is usable for the disable persons.
Examples:
Converting a book published into Brail format.
The Copyright
Board consist discretion to provide opportunity of being heard to the original
owner.
c) The
whip over the Remix: Rule 20 read with Section 31C: Statutory License For Cover Versions:
A new initiative
taken by the Government to control the unethical reproduction of OLD GOLD as
new foul remix. Chapter VII explains the mode and method under which a person
may apply for compulsory license to reproduce the old wine in new bottle.
Copyright Rule,
2013 not only provides the procedure but set the standards and guidelines for
reproducing the song. Apart from the old Rules now the compulsory license s
required whereas no such requirement was there in old rules.
d) Rule
29 read with Section 31D: Statutory License For Broadcasting Of Literary And Musical Works And
Sound Recording:
Copyright Rules
are now stringent for Copyrighted work and broadcasting thereof. The
broadcasting organization shall not only take compulsory license but also pay
the royalty as well as keep records of the broadcasting made.
4)
Copyright
Societies
The Copyright Board has inserted new provisions for registration and
administration of the Copyright Societies.
Copyright Societies are the organization who regulates the work of
Literature, Artistic and Musical Works. Now the Copyright Societies have to
follow the code of conduct as mentioned under the new rules and each society
have to display the Tariff Scheme to the public.
New Copyright Rules have concentrated on the online filing of the
application but as of date no such facilities has been started. It is likely to
be started by this year.
[i]
Amendment made by Act 27 of 2012, sec. 18 (w.e.f. 21st June, 2012
vide S.O. 1393(E), dated 20th June, 2012
Note: The highlight mentioned above is taken from the Copyright Rules, 2013 as notified by the Government. The laws are subject to amendments may be made from time to time. Author shall not be liable for any action taken solely based upon the content produced here.
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