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INDIA


to reflect on the journey of 60 years and the House rose to the occasion by doing so. “Progress is not about counting milestones left behind, nor about sitting on our laurels, it is about looking up to the journey and challenges ahead with courage and determination. The proceedings of the day bear testimony to this determination and resolve”, she observed. Thereafter, the Speaker


placed before the House the following resolution which was unanimously adopted: “We, the Members of Lok


Sabha, meeting in a special sitting of the Lok Sabha to commemorate the 60th Anniversary of the First Sitting of Parliament:


Remembering with gratitude,


the immense sacrifices made by our freedom fighters in the nation’s struggle for independence, and the stellar role played by the founding fathers of the constitution in mandating equality, fraternity, justice, brotherhood of mankind and the uplift of under-privileged and down-trodden sections of society;


THIRD READING: INDIA


The Copyright (Amendment) Bill, 2012 The Copyright Act, 1957 was enacted to amend and consolidate the law relating to copyrights in India. It was also enacted to meet with the national and international requirements and to keep the law updated. The Act has been amended five times: 1983, 1984, 1992, 1994 & 1999. The amendment in 1994 was significant given that


it harmonized the provisions of the Act with the Rome Convention, 1961 by providing protection to the rights of performers, producers of phonograms and broadcasting organizations. It also introduced the concept of registration of Copyright Societies for collective management of the rights in each category of copyrighted works. The last amendment in 1999 introduced a few minor changes to comply with the obligations under the Trade Related Aspects of Intellectual Property Rights (TRIPS). The government thereafter, proposed to amend the Act with the object of making certain changes for clarity to remove operational difficulties and also to address certain issues that had emerged in the context of digital technologies and the internet. The two World Intellectual Property Organization


Dr Manmohan Singh, MP


Acknowledging with satisfaction and pride, the maturity of the people of India, who have cherished the democratic values and worked ceaselessly for the unity and integrity of the nation; Noting that in the last 60 years,


the Parliament has, through epoch making laws, taken decisive steps towards ensuring equity and justice in all matters


(WIPO) Internet Treaties namely, WIPO Copyright Treaty (WCT), 1996 and WIPO Performances and Phonograms Treaty (WPPT), 1996 had set the international standards in these spheres. The member countries of the WIPO agreed on having the internet treaties in the changed global technical scenario and adopted them by consensus. In order to extend protection of copyright material in India over digital networks, it was proposed that the Act be amended to harmonize with the provisions of the two WIPO Internet Treaties, which India had not yet signed. Moreover, the main object for making amendments was that it was imperative to encourage creativity for the promotion of culture, enterprise and innovation so that creative people could realize their potential. Accordingly the government brought forward the Copyright (Amendment) Bill. These included:


(i) Making the provisions of the Act conform with WCT and WPPT and ensuring protection to the copyright holders against circumvention of effective technological measures.


(ii) Providing exclusive rights and moral rights to performers in conformity with the WIPO Performances and Phonograms Treaty (WPPT).


Salient features of the Amending Bill include a change in the definition of key terms:


• “Rights Management Information” relates to the title or other information identifying the work or performance, the name of the author or performer, the name and address of the owner of rights, terms and conditions regarding the use of the rights that represents the above information but does not include any device or procedure intended to identify the user.


• “Infringing copy” as a reproduction of a literary, dramatic, musical or artistic work or a copy of a cinematograph film made on any medium by any means or any other recording embodying the same sound recording.


Other amendments accounted a change in Section


14 of the Principal Act detailing the definition of ‘copyright’. This included:


• Sub-clause (i) of clause (c) of the said section relates to the exclusive right of the author in case of an artistic work to reproduce the work in any material form including depiction in three-dimen sions of a two-dimensional work or in two-dimen sions of a three-dimensional work.


Section 31 of the Principal Act provides for compulsory license in works withheld from the public. If the owner of copyright in any Indian work has refused to republish or allow the republication in any media outlet, the Copyright Board may direct the Registrar of Copyrights to grant to the complainant a license. Two new sections 65A and 65B have been inserted


in the Act. Section 65A deals with the protection of technological measures, while section 65B deals with the protection of rights management information. This section provides that any person, who knowingly removes or alters any rights management information without authority, or distributed, imports for distribution, shall be punishable with imprisonment and shall also be liable for a fine. It also provides that if the rights management information has been tampered with in any work, the owner of copyright in such work may also avail of civil remedies provided in the Act. The Amending Bill was welcomed by members of


both Houses of Parliament. The Bill was passed in Rajya Sabha on 17 May 2012 and in Lok Sabha on 22 May 2012. The Bill as passed by both Houses of Parliament was assented to by the President of India on 7 June 2012.


The copyright 1957 thus stood amended. The Parliamentarian | 2012: Issue Three | 213


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