Copyright Review Commission Report - ICT Law and Regulation ...

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3.2. Relevant LegislationsThe present copyright law in India is Copyright Act of 1957, which was preceded by the 1914 Copyright Act that incorporatedmost of the provisions of the British copyright law. The current Act has been amended three times (1992, 1994 and 1999)and a new set of amendments is under consideration.Copyright, as provided by the Indian Copyright Act, is valid only within the borders of India. To secure protection to Indianworks in foreign countries, India is a member of the following international conventions on copyrights: Berne Convention for the Protection of Literary and Artistic works; Universal Copyright Convention; Convention for the Protection of Producers of Phonograms against Unauthorised Duplication of their Phonograms; Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties; and Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS).The duration of copyright is as follows: Literary, dramatic, musical and artistic works published during the life time of author = life + 60 years; and All other works: 60 years from the date of publication.The Indian Copyright Act, 1957 provides for recourse to the following judicial/quasi-judicial organs to administer theprovisions of the Act: Registrar of Copyright; Copyright Board; Civil courts; Criminal courts; and High courts.3.3. STRUCTURE OF COLLECTING SOCIETIESThe collecting societies are registered under Section 33 of the Indian Copyright Act, 1957 as registered CollectiveAdministration Societies. Such societies are formed by the copyright owners. The minimum membership required forregistration of a society is seven years. Only one society is registered to do business in respect of the same class of work(one society one right). A collecting society can issue or grant licences in respect of any work in respect of any other rightgiven by the Copyright Act.The registered collecting societies in India are: For cinematograph and television films: Society for Copyright Regulation of Indian Producers for Film and Television(SCRIPT); For musical works: The Indian Performing Right Society Limited (IPRS); For sound recording: Phonographic Performance Limited (PPL); and For reprographic (photocopying) works: Indian Reproductive Rights Organisation (IRRO).- 136 -
The licences governed by the Copyright Act may only be granted by the registered copyright societies (except by the ownersin their individual capacities). The registration of a collecting society may be suspended pending inquiry and an administratormay be appointed as a caretaker of such society. The registration may be cancelled by the Registrar if a society is beingmanaged in a manner detrimental to the interests of the owners of the rights concerned.In terms of the Act, the Indian collecting societies are required to: Accept exclusive authorisation to administer rights by issue of licences or collection of licence fees or both; Conclude agreements with foreign collecting societies; May not discriminate between Indian and foreign works; Administrative expenses may not exceed 15% of the total fees collected; Must be under collective control of the members; Frame a tariff scheme; Distribution schemes to be approved by the members; and Obtain audited accounts annually.The registers maintained by the collecting societies are as follows: Register of members; Register of agreements; Register of fees; and Disbursement registers.The details of the annual returns to be filed with the Registrar of Copyrights are: The minutes of the members of the Annual General Meeting; The up-to-date list of members; The tariff scheme; The distribution scheme; and A statement approved by its Board of Directors setting out a full and detailed account of all its activities during the year inrelation to the rights of members.3.4. COLLECTION OF MUSIC ROYALTIESOnly 30% of the collectible royalties are being collected. This is due to the following: The industry is still immature; The level of awareness among users is too low; There is a high level of resistance to payments among the users; There is a significant number of disputed pending cases with the Copyright Board and the courts; and The collecting societies are not yet geared to pursue the small informal businesses.IPRS has reciprocal agreements with 94 different collecting societies around the globe. According to the annual financialstatements for IRPS for the year ended 31 March 2010, approximately 25% of the total revenue collected was generatedoutside India. This is due to the popularity of the Indian music globally.- 137 -
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TABLE OF CONTENTSLIST OF ABBREVIATI
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11.8 RECOMMENDATIONS ..............
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LIST OF TABLESTable 1: Cases of Non
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NORMOSPsPOSAPPLPPL (India)ProLitter
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These problems are addressed in the
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xxi.The report considers developmen
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1.3.8. Determine whether all money
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1.4.9. The CRC derived considerable
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2.3 SUBMISSION BY THE DEPARTMENT OF
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Aspects of Intellectual Property Ri
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(1) Subject to the provisions of th
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Copyright Tribunal or an arbitrator
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society, the South African Recordin
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3.2.14. With the liquidation of SAR
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the final rate or rates to be appli
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(a)that payment is to be made to th
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information as to their use to enab
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The WCT and WPPT oblige members to
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Once the handset technology changed
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4.3.16. In 2009, in what was coined
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4.4.6. In exchange for the above li
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operators are licensed by NORM to p
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5.2 FUNCTIONING OF COLLECTING SOCIE
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the grant of licences. Article 17 o
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6.1.3. The CRC’s assessment of th
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6.3.3. SAMPRA should be given one y
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Corporate Governance GapsKing II Re
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King IIIPrincipleKing IIIRequiremen
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King IIIPrincipleKing IIIRequiremen
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8 COLLECTION OF MUSIC ROYALTIES8.1
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8.1.4.2. Needletime royalties are n
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8.1.7.4. For the past five years, V
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PRS (UK)SPRE (FRANCE)SUISA(SWITZERL
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DetailsPerformance RightsSound Reco
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8.2.7 Comparative Study Performed b
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y a collecting society. A rights ho
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agency, its rights being derived fr
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Mr Robinson said DALRO assumed the
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10.1.6. The distribution to publish
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10.4.4. Most of the other collectin
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10.6.3.4. South African English-lis
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10.10 CONTRACTUAL RELATIONSHIPS BET
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10.12.2. The Regulations should rec
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licence that the licensee comply wi
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11.4.6. The details of ICASA’s ta
Page 92 and 93: RecommendationsTimelines for Recomm
Page 94 and 95: enterprises. There was a suggestion
Page 96 and 97: Copyright as it relates to copyrigh
Page 98 and 99: 13.4 DEPARTMENT OF ARTS AND CULTURE
Page 100 and 101: Table 28: Comparative Study’s Key
Page 102 and 103: KEY ITEMS BRAZIL FRANCE INDIA NORWA
Page 104 and 105: KEY ITEMS BRAZIL FRANCE INDIA NORWA
Page 106 and 107: about 30%, which is the highest amo
Page 108 and 109: 15.1.3. The Copyright Tribunal’s
Page 110 and 111: 15.1.20. Local music content requir
Page 112 and 113: for the selected artists. The outco
Page 114 and 115: King III Report by Institute of Dir
Page 116 and 117: Paranagua Pedro, “Strategies to I
Page 118 and 119: Copyright Amendment Act of 1984Copy
Page 120 and 121: APPENDIX 1(B): SUMMARY OF ORAL REPR
Page 122 and 123: Due to the fact that the existing c
Page 124 and 125: Mr BrottelProtection of copyright m
Page 126 and 127: 1.1.3. LIST OF ENTITIES VISITED AND
Page 128 and 129: In the 2009 Annual Report of ABRAMU
Page 130 and 131: The implementation of this law led
Page 132 and 133: ecordings. In respect of audio-visu
Page 134 and 135: In 1995, ECAD distributed 72% of it
Page 136 and 137: niches in the market to ensure fair
Page 138 and 139: Proprietary rights allow authors to
Page 140 and 141: International royalty distribution
Page 144 and 145: IPRS uses the standard tariffs in r
Page 146 and 147: Ad-hoc workshops on copyright are c
Page 148 and 149: meaningful living out of their crea
Page 150 and 151: 4.1.3. LICENSING AND LEGAL REGIMESI
Page 152 and 153: Ballet teachers; Teachers in the fi
Page 154 and 155: It was founded in 1928 by the Norwe
Page 156 and 157: 6.2. STRUCTURE OF COLLECTING SOCIET
Page 158 and 159: 6.5. COLLECTION OF MUSIC ROYALTIEST
Page 160 and 161: 1957, when the Managing Director of
Page 162 and 163: 16.4.14 SWISSPERFORM: CHF4 millionI
Page 164 and 165: Cross-border licensing of digital r
Page 166 and 167: algorithm could be used to determin
Page 168 and 169: Collecting societies in the UK all
Page 170 and 171: APPENDIX 3: RECOMMENDATIONS BY MITT
Page 172 and 173: 1.PREAMBLEThe Music Industry Task T
Page 174 and 175: The environment in which the music
Page 176 and 177: 3.1.3 IMPLEMENTATION AND ACCESSION
Page 178 and 179: In this regard, the Minister should
Page 180 and 181: 3.5.6 OMBUDSMANThe music industry s
Page 182 and 183: RECOMMENDATION 23:The MITT recommen
Page 184 and 185: The MITT further recommends that DA
Page 186 and 187: APPENDIX 4A: EXTRACTS FROM COPYRIGH
Page 188 and 189: (f)(g)doing, in relation to an adap
Page 190 and 191: (i)requiring notice of any intended
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(b)any organization claiming to be
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PERFORMERS’ PROTECTION ACTNO. 11
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the parties may agree to refer the
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ANNEXURE 5: COPY OF SARRAL’S CONT
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ANNEXURE 6: SARRAL’S AUDIT REPORT
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TERMS OF REFERENCESNO’SREQUIREMEN
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