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Copyright (Amendment) Rules 2021

Copyright (Amendment) Rules 2021

Why in news?

  • The Ministry of Commerce and Industry recently notified Copyright (Amendment) rules, 2021. The amendment has been made to bring the existing Copyright rules in the country with parity with the other relevant legislations.
  • Currently, the Copyright regime of India is governed by Copyright Act, 1957 and the Copyright rules 2013.

Key Provision Of The Amendments

  • Registration as Copyright Society: The time limit for the response to an application for registration as a copyright society is now 180 days. Now the Central government can examine the application more comprehensively.
  • Annual Transparency Report: The copyright societies will require making an Annual Transparency Report public, for each financial year.
  • Publication of Copyrights Journal: Amendment eliminates the requirement of publication of a copyrights journal in the Official Gazette. The said journal would be available at the website of the Copyright Office.
  • Registration of Software Works: There has been large reduction in compliance requirements for registration of software works. Now the applicant has the liberty to file the first 10 and last 10 pages of source code or the entire source code if less than 20 pages.
  • Merging of Boards: The amendments harmonised the Copyright Rules with the provisions of Finance Act, 2017 whereby the Copyright Board has been merged with Appellate Board.

Why Amendments?

  • The main objective of the amendment of Copyright Rules is to ensure smooth and flawless compliance in the light of technological advancement in digital era.
  • The new rules will help India adopt towards electronic means as primary mode of communication.
  • It is highly important to achieve the goals of Digital India.

About Copyright Act, 1957

  • The Copyright Act 1957 was the first post-independence copyright legislation in India and the law has been amended six times since 1957.
  • The history of copyright law in India can be traced back to its colonial era under the British Empire.
  • India is a member of most of the important international conventions governing the area of copyright law, including
    • the Berne Convention of 1886 (as modified at Paris in 1971),
    • the Universal Copyright Convention of 1951,
    • the Rome Convention of 1961 and
    • the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS)
  • India accessed as a member of the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) in July, 2018.

What Is Copyright?

  • A copyright is a collection of rights that automatically vest to someone who creates an original work of authorship like a literary work, song, movie or software.
  • These rights include the right to reproduce the work, to prepare derivative works, to distribute copies, and to perform and display the work publicly.
  • Copyright law protects creators of original material from unauthorized duplication or use.
  • For an original work to be protected by copyright laws, it has to be in tangible form.
  • Copyrights in India are governed by “The Copyright Act, 1957”.
  • According to World Intellectual Property Organisation, Copyright protects two types of rights. They are Economic rights and moral rights. Economic rights allow the owners to derive financial reward from the use of their works. On the other hand, the moral rights allow authors to take certain actions to protect their link with their work.                  Copyright (Amendment) Rules 2021

Term of Copyright 

  • Literary, dramatic, musical or artistic works enjoy protection for the life time of the author plus 60 years beyond i.e. 60 years after his death. In case of joint authorship which implies collaboration of two or more authors in the production of work, the term of copyright is to be construed as a reference to the author who dies at last.                        Copyright (Amendment) Rules 2021
  • In case of copyright of posthumous, anonymous and pseudonymous works, cinematograph films, sound recordings, works of Government, public undertakings and international organization, the term of protection is 60 years from the beginning of the calendar year next following the year in the work has been first published.
  • The act has given broadcasting reproduction right to every broadcaster which is valid for 25 years from the beginning of the calendar year next following the year in the broadcast has been done.

 

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