Amendment to the Copyright Act, 1957
Amendments are being made to bring the Act in conformity with the World Intellectual Property Organisation (WIPO) Internet Treaties, namely WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) which have set the international standards in these spheres. The WCT deals with the protection for the authors of literary and artistic works such as writings, computer programmes, original databases, musical works, audiovisual works, works of fine art and photographs. The WPPT protects certain “related rights” which are the rights of the performers and producers of phonograms. While India has not yet signed the above two treaties it is necessary to amend domestic legislation to extend the copyright protection in the digital environment.
Amendments related to bring the Act in conformity with WCT and WPPT :
· Through a new section in the Act, it is proposed to ensure protection to the Right holders against circumvention of effective technological measures applied for purpose of protection of his rights like breaking of passwords etc. while maintaining an appropriate balance between the interests of the right holders on the one hand and of Technology innovators, Researchers and Educational Institutions on the other.
· The existing Performers’ Rights are proposed to be further enhanced by introducing a new section to provide exclusive rights compatible with WPPT.
· “The Moral Rights of Performers” are proposed to be introduced in a new section.
· Amendments have been proposed to protect the interests of researchers, students and educational institutions so as to ensure that Technological Measures do not act as a barrier for further development of the technology. These amendments also address the issue of access to information in the digital context and the liability of Internet service providers.
· The period of copyright for photographers is proposed to be enhanced to “Life plus sixty years” instead of only sixty years as at present.
Amendment to protect the Music and Film Industry and address its concerns :
· Statutory licence for version recordings and authorship to ensure that
while making a sound recording of any literary, dramatic or musical work the interest of the copyright holder is duly protected.
· Term of copyright for cinematograph films has been extended by making
the Producers and Principal director as joint authors.
· A copyright term of 70 years to Principal Director which automatically
extends the copyright term for the Producers for another 10 years provided he enters into an agreement with the Director;
Amendments to address the concerns of the physically challenged:
The physically challenged need access to copyright material in specialized formats, e.g. Braille text, talking text, electronic text, large print etc. for the visually challenged and sign language for the aurally challenged. Currently the cost of production of material in such formats is very high. With additional requirement of royalty payments the price of such material to the target groups would be even higher.
· A clause is proposed to be introduced as a fair deal clause to allow the production of copies of copyright material in formats specially designed for the physically challenged.
· A separate compulsory licensing provision has been proposed to allow for publication of copyright works in formats other than specifically suited for the physically challenged.
Amendments for rights to authors:
· Amendment is proposed to give independent rights to authors of literary and musical works in cinematograph films, which were hitherto denied and wrongfully exploited, by the producers and music companies.
· An amendment is proposed to ensure that the authors retain their right to receive royalties and the benefits enjoyed through the copyright societies.
· Another amendment ensures that the authors of the works, particularly songs included in the cinematograph film or sound recordings, receive royalty for the commercial exploitation of such work.
· It has been proposed to introduce a system of statutory licensing to ensure that the public has access to musical works over the FM Radio and Television networks and at the same time the owners of copyright works are also not subject to any disadvantages.
· It is proposed to amend existing provisions to provide compulsory license through Copyright Board to publish or communicate to the public such work or translation where the author is dead or unknown or cannot be traced or the owner of the copyright work in such work cannot be found.
Other amendments
· Amendments are being made for incidental changes, which are required in the context of digital technology to cover “storing of copyrights material by electronic means’.
· Amendments in relation to operational facilities, such as registration of Copyright Societies by providing that only authors can register and procedure for tariff schemes of copyright societies and commercial distinction between assignment and licence; and
· Enforcement of rights such as border measures, disposal of infringing copies and presumption of authorship under civil remedies.
Background :
In order to formulate the proposed amendments and to carry out wide-ranging consultations with all stakeholders, the Ministry of Human Resource Development had constituted a 30-member Core Group in the year 2005 under the Chairmanship of the Education Secretary with representatives of the other Ministries/Departments concerned with the subject and other key stakeholders like copyright-industry organizations, stakeholders, subject experts and Institutions of repute in related fields. The Core Group had deliberations at length in five sessions to cover all the provisions of the existing statute and made recommendations with regard to the proposed amendments. The Core Group then created a Drafting Committee to draw up the text of the proposed amendments and to fine-tune the recommendations of the Core Group.
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HS/SH/LV
Now Solar Lanterns for Rural Area
The kerosene lanterns in the rural areas will be replaced on large scale soon. A solar lantern, which is commonly used for lighting purposes, can save about 50 liters of kerosene in a year by replacing a kerosene lanterns. Addressing leading solar lantern manufacturers of the sector at the ministry today, Shri Vilas Muttemwar, Minister of State for New and Renewable Energy discussed the expansion plans for large scale introduction of solar lanterns for replacing kerosene in the rural areas.He explained that the better quality of light of a solar lantern would also help the children in their education and encourage productive works apart from avoiding health hazards associated with the poor quality light and the pollution due to burning of kerosene. The Government can save kerosene subsidy by providing solar lanterns, he added.
The representatives of the industry assured that the Indian photovolatic industry is fully geared to take up this challenge. The industry can supply up to 4 million solar lanterns in a year and is totally committed to support the initiatives taken by the Ministry in this regard. Various issues relating to manufacturing, distribution, after sale services and product quality etc. were also discussed. The representatives reaffirmed that the quality of the product developed in the country has better quality of light and reliability. The switch over from kerosene lamp to solar lanterns by rural people will be very smooth.
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Setting up new IITs, Rajasthan approved
Cabinet has today approved the setting up of eight new Indian Institutes of Technology (IITs) in Bihar, Andhra Pradesh, Rajasthan, Orissa, Gujarat, Punjab, Himachal Pradesh and at Indore in Madhya Pradesh at a total cost of Rs. 6080 crores (@ Rs. 760 crores per IIT) for 6 years period, and consequently approval for forming of Societies for creating legal entities for the new IITs. Academic sessions are going to commence in 6 new IITs starting from 23.7.2008. The IITs of Andhra Pradesh, Bihar and Gujarat are going to commence their classes for about 120 students each for B.Tech programmes through temporary campuses located near the place where the IIT campus is likely to be built. These 3 IITs of Andhra Pradesh, Bihar and Gujarat are going to be mentored by the IITs of Madras, Guwahati and Bombay, respectively. The three IITs of Rajasthan, Punjab and Orissa are going to commence their classes in the campuses of their mentor IITs at IIT Kanpur, IIT Delhi and IIT Kharagpur, respectively.
The Cabinet has also approved the creation of 30 faculty posts per year in the first three years of establishment of each of the new IITs and have also specifically approved the post of a Director in each of the new IITs in the grade of Rs. 26,000 (fixed) and a post of Registrar in the grade of Rs. 16,400-22,400 for each of the new IITs. The Cabinet has also decided to raise the grade of all existing IIT Directors from Rs. 25,000 (fixed) to Rs. 26,000 (fixed).
The balance of two IITs at Indore in Madhya Pradesh and the IIT in Himachal Pradesh are likely to commence their sessions from the next academic year of 2009-10. All the State Governments have identified about 600 acres of land for the location of the new IITs. In case of Andhra Pradesh and Bihar, Govt. have accepted the site recommended by the State Govt. and in the rest of the cases, the Site Selection Committee will inspect the offered sites in due course and will give its recommendations to the Ministry.
With a view to ensure good effective coordination as well as maintenance of excellence in the new IITs also, pending selection of regular Directors for the IITs, it has been decided that the Directors of the mentor IITs will work as Directors of the mentored IIT and the Chairman of the Board of Governors (BoG) of the mentor IIT will also be the Chairman of the BoG of the mentored IIT.
With the creation of new IITs, high quality technical education will become accessible to more bright students as now hardly two percent of about three lakhs students who appear in the Joint Entrance Exam of IITs can get admission in them. The new IITs will also facilitate the increased output of high quality Engineering and Science graduates, postgraduates and Ph.D.s; Teachers for Engineering and Science subjects at College/University level and R&D and Intellectual Property generation in Engineering and Science.
Cabinet also approved in principle approval for taking over the Institute of Technology, Banaras Hindu University – a constituent unit of the Banaras Hindu University, a Central University, its conversion into an Indian Institute of Technology and integrating it with the IIT system in the country.
It would also address State/Region specific technology related problems of States/UTs situated in the IITs’ Zones.
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Rojgar Samachar now Online
Rojgar Samachar Now Available on Line A website has been launched in Hindi to cater to the needs of those seeking jobs, the website www.rojgarsamachar.gov.in has been launched by Employment News weekly newspaper, which is a unit of the Directorate of Publications...Piracy Declines
Incidents of piracy on the high seas have declined considerably since India ratified a regional agreement one-and-a-half years ago. This was pointed out in talks between Brigadier General (NS) Tay Lim Heng, Chairman of the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against ships in Asia (ReCAAP), and Vice Admiral RF Contractor, Director General, Indian Coast Guard (DGICG) and Vice Chairman of ReCAAP, here yesterday. Brig. General Tay Heng is leading a four member ReCAAP delegation on a visit to India to discuss steps to enhance cooperation and force building.
India acceded to the ReCAAP on June 6, 2006. The agreement aims at enhancing cooperation amongst its 16 member countries, including the ASEAN, China, Japan, South Korea, Bangladesh and Sri Lanka. It enables the maritime forces to seize ships or aircraft involved in piracy and armed robbery besides information sharing, capacity building and cooperation for extradition and mutual legal assistance. In the ASEAN only Malaysia and Indonesia have not ratified the treaty. The ReCAAP achieved a distinction when it concluded an agreement with the International Maritime Organisation in December last year.
During his stay in New Delhi, Brig. General Tay Heng also held discussions with Shri PK Rastogi, Special Secretary, Ministry of Defence. The four-member ReCAAP delegation will visit the Maritime Rescue Coordination Centre (MRCC), which is also the Piracy Reporting Centre in India, and participate in a table top exercise on piracy control during their visit to Mumbai over the next two days.
The Coast Guard is India’s nodal agency for the ReCAAP. The role of the Indian Coast Guard shot into fame when it tackled the 1999 piracy incident of MV Alondra Rainbow.
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