Draft Copyright (Amendment) Rules, 2019

(Ministry of Commerce & Industry)

WHAT

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 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.

 

RECOMMENDATIONS

• The draft Copyright Amendment Rules 2019, released by DIPP, proposes setting up an Appellate Board to replace the Copyright Board.
• It also proposes to make it mandatory for copyright societies to publish annual transparency report besides revamping norms for tariff fixation by such societies.
• The Chairman and other members of the Board shall be appointed as per the provisions of the Trade Marks Act, 1999.
• It also proposes to amend the manner in which copyright societies fix their tariff schemes.
• The copyright society needs to fix the tariff in accordance with the guidelines issued by any court or the board, DIPP has proposed in the amendments that when fixing its tariff the copyright society may consider, “cross-sectional tariff comparisons , economic research, the nature and scope of the use of the work, the commercial value of the rights in use and the benefits to licensees,”
• The draft also proposes to set rules in cases when copyright societies cannot distribute royalties when “the relevant author or other could not be identified or located.”

 

COPYRIGHT SOCIETY

A copyright Society is a legal body which protects or safeguards the interest of owners of the work by giving assurance to the creative authors of the commercial management of their works. These societies issue licences and collects royalties in accordance with a tariff scheme.

 

 

Source: PIB

 

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