The Union Cabinet on Thursday cleared a Human Resource Development Ministry proposal to introduce a Bill to amend the Copyright Act, 1957, to bring more clarity to copyright issues - particularly in the context of digital technology and Internet - and reward creativity.
Along with producers, now the principal director will be treated as joint author of cinematograph films. And, if the producer enters into an agreement with the director, the copyright term will be extended from 60 to 70 years.
To further protect the music and film industry, the Ministry has proposed a statutory licence for version recordings and authorship to ensure that the interest of the copyright holder is protected while sound-recording any literary, dramatic or musical work.
Amendments are also proposed to give independent rights to authors of literary and musical works in cinematograph films in a bid to end exploitation by producers and music companies. Another amendment seeks to ensure that authors retain their right to receive royalties and benefits enjoyed through copyright societies.
As producers are now minting money, selling film songs as ringtones and other such packages, the Ministry has decided that the writers and composers too will get royalty for commercial exploitation of their compositions.
According to officials, the fair use clause vis-À-vis use of short clips by news channels have been further strengthened, contrary to fears expressed by television networks. They can still continue to access limited clips of recordings free of cost for inclusion in news bulletins.
As for FM radio broadcasters’ demand for differential rates for airing songs, the Ministry said this would be built into the rules when they were drafted.
Fair deal clause
To address the concerns of the visually challenged and the hearing impaired over access to copyright material in the Braille text, talking text, electronic text and large print, the Ministry will introduce a fair deal clause to allow the production of copies of copyright material in these formats. This is aimed at reducing the cost of production.
Besides, there is a series of amendments that will bring the Act in conformity with the World Intellectual Property Organisation (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty. The existing Performers Rights will be enhanced and suitable changes made to address the issue of access to information in the digital context and the liability of Internet service providers.
These amendments are being proposed after a four-year exercise of consultations with all stakeholders by the 30-member core group set up by the Ministry in 2005.
Along with producer, director will be treated as joint author of films
Independent rights to authors of literary, musical works in cinematograph films
