Monday, June 3, 2019

Draft Copyright (Amendment) Rules, 2019 | Govt plans changes in copyright rules to improve content access


Draft Copyright (Amendment) Rules, 2019 | Govt plans changes in copyright rules to improve content access

Date | 03 June 2019

In order to ensure smooth and flawless compliance of Copyright Act in the light of technological advancement in digital era and to bring them in parity with other relevant legislations, the Department for Promotion of Industry and Internal Trade, Government of India has now proposed to introduce the Copyright Amendment Rules,2019.
The draft rules are available on http://egazette.nic.in/WriteReadData/2019/204924.pdf for seeking comments and suggestion from all persons likely to be affected thereby up to 29th June 2019.
The copyright regime is governed by the Copyright Act, 1957 and the Copyright Rules,2013. The Copyright Rules,2013 were last amended in 2016 through the Copyright Amendment Rules,2016.
Press Analysis – Draft Rules
The draft rules allow all broadcasters to take advantage of statutory licence provisions, a move that is expected to benefit a number of Internet-based broadcasters.
India is looking to widen the copyright framework, which is at present restricted to television and radio, to bring all forms of broadcasters including digital under its ambit.
The Department for Promotion of Industry and Internal Trade (DPIIT) on Monday proposed the Copyright Amendment Rules, 2019, and sought public comments and suggestions on the draft.
The draft rules seek to introduce changes to the copyright framework in the light of technological advancement in digital era and to bring them in parity with other relevant legislations.
They also allow all broadcasters to take advantage of statutory licence provisions, a move that is expected to benefit a number of Internet-based broadcasters.
"The thrust of the draft amendments seem to be directed at the hot topics of statutory licences under which shelter has been sought by internet broadcasting companies like Spotify, WYNK, etc., and certain amendments which relate to functioning and transparency by copyright societies," said Nishad Nadkarni, partner (intellectual property team) at Khaitan & Co
Experts say this would enable non-traditional broadcasters including web and IPTV to seek compulsory licence of copyrighted content from a content owner, limited only to radio or TV broadcasters right now.
"This means greater access to content at potentially better rates and terms for Internet broadcasters including Netflix, Amazon Prime and Spotify," said Ankit Sahni, an expert on intellectual property rights.
The latest draft also proposes to replace the Copyright board with an appellate board.
It states that in case the royalty due to an author and other copyright owners remains undistributed at the end of the period of three years from the end of the financial year in which collection of the royalty occurred, the copyright society shall refund the amount to the licensee within a period of three months.
Separately, the government has proposed amendments to the patent regime to bring clarity with respect to the working requirement for a patented invention on a commercial scale in India.

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