Copyright Amendment Act 2012
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Copyright Amendment Act 2012
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Author : Prof. S Sivakumar
language : en
Publisher:
Release Date : 2022
Copyright Amendment Act 2012 written by Prof. S Sivakumar and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with categories.
The modem copyright law is a creation of statute. The history of Indian copyrightjurisprudence reflects constant legislative revisions ofstatutory law to address technological developments. The Indian Copyright Act, 1957 has been amended six times, since its inception, in the years 1983, 1984, 1992, 1994, 1999 and 2012. Subsequent to the 2012 amendments which came into effect on June 21, 2012 the copyright rules have been notified on March 14, 2013. The 2012 amendments have received overwhelming appreciation with many progressive changes. To name a few, introduction ofprovisions for digital rights management, strengthening ofborder measures, special provisions for persons with disabilities, conferment of affirmative rights for performers, extension offair dealing to all categories ofworks covered under section 13, compulsory licensing in respect offoreign works, recognition ofmoral rights ofperformers, provisions to streamline the functioning ofthe copyright societies are examples of welcome amendments. There are certain unwelcome amendments including the removal ofparallel importation. Non-inclusion of provisions formultimedia works, non- specification ofstatus ofremixes and parodies, non-inclusion of the concepts 'unicast' and 'narrowcast,' lack of guidelines for fair dealings etc. are some instances ofmissed opportunities. This paper, thus aims at (i) analyzing the welcome changes brought about by the 2012 amendments, (ii) commenting on the regressive changes and (iii) highlighting the missed opportunities.
Intellectual Property Rights
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Author : Simran R. Gurnani
language : en
Publisher:
Release Date : 2016
Intellectual Property Rights written by Simran R. Gurnani and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Intellectual property categories.
Critical Evaluation Of Copyright Act 1957
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Author : Ujwal Prabhakar Nandekar
language : en
Publisher: LAP Lambert Academic Publishing
Release Date : 2013
Critical Evaluation Of Copyright Act 1957 written by Ujwal Prabhakar Nandekar and has been published by LAP Lambert Academic Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
Copyright Act, 1957 was last amended in 1999. After 1999, technology, telecommunication and media underwent transformation. Now, the entire world is becoming digital. There are certain sectors which are even untouched and most of them are not as per the need of time. Amendments increase the duration of copyright. The changes have been made to author's moral right (and performer's moral rights). Besides of above mentioned aspects there are various issues which need to address in a better ways and some need to have special attention in terms of copyright or under other form of intellectual property rights like software issue, publicity right, threat posed by digital era etc. The important issues here should be pointed out that legislator had left provision regarding parallel imports, whereas amendment bill talked about it. Indian Copyright Act is considered as world's most balanced legislation and Copyright Amendment Act 2012 tried to maintain its claim. Nevertheless, the Amendment Act will definitely make Indian copyright regime stronger and better to compete with International standard and more adaptable in global market.
Royalties And Rights Sharing In Film Industry In India Post Copyright Amendment Act 2012 Impact On Contractual Freedom
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Author : Anand Nair
language : en
Publisher:
Release Date : 2016
Royalties And Rights Sharing In Film Industry In India Post Copyright Amendment Act 2012 Impact On Contractual Freedom written by Anand Nair and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
The Indian Copyright Act, 1957 (the Act) governs copyright law in India. It finds its roots in its colonial past, being heavily influenced by the Copyright Act of the United Kingdom of 1956. The Act has served well for long, but with technological developments and increasing discontent among creators/authors (mainly singers, lyricists, writers) of works, who felt exploited by the rights and royalty sharing mechanism that existed, the Copyright Amendment Act, 2012 (“Amendment”) was introduced on 21 June 2012. Prior to its formal notification and ratification by both Houses of the Parliament, the Amendment was debated upon for almost two years. The Amendment has been enforced in order to provide legal protection to the authors of the work, remove operational difficulties, and to address the newer issues that have emerged. The Amendment further aims to be in consonance with the World Intellectual Property Organization (WIPO) Internet Treaties, namely the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) which have set the international standards post technological advancements. The Amendment, at its heart is “pro-author” and attempts to create a level playing field between the authors of the work and producers in contractual arrangements by setting forth certain conditions that contracting parties cannot supersede. The film industry in particular was fairly divided on its support for these changes. The Amendment perhaps earmarked a new era for the media industry as it seeks to protect the rights of authors of literary works like lyrics or scripts and musical works, and grant them an equal right in the royalties earned from exploitation of their creations. The Amendment has already shown signs of changing the media and entertainment industry dynamics, and transactional and contractual framework surrounding the same. While the Amendment has received widespread support from various corners including the International Confederation of Authors and Composers, the producers and record labels have expressed unhappiness and alleged that the Amendment is a restraint to trade and restrictive of free market mechanism where parties have the freedom to agreement. The paper is an attempt to analyse the possible impact of the Amendment on the freedom to agreement, examine its validity under international legal framework and compare “pro-author” provisions in the US and the UK that affect the rights and royalty sharing mechanism. The paper will also compare the effects with the pre-Amendment scenario. The paper shall further focus on the copyright regimes of USA and UK with regard to their rights and royalty sharing mechanism in contractual arrangements. The objective of the paper is to understand whether the Amendment should be seen as the genie's lamp gifted to the creators of the work, or as opening of a Pandora's Box, creating business paradoxes and complicating the market dynamics.
Lal S Commentary On The Copyright Act 1957 Act No 14 Of 1957 As Amended Upto The Copyright Amendment Act 2012 Act No 27 Of 2102
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Author : Nathuni Lal
language : en
Publisher:
Release Date : 2015
Lal S Commentary On The Copyright Act 1957 Act No 14 Of 1957 As Amended Upto The Copyright Amendment Act 2012 Act No 27 Of 2102 written by Nathuni Lal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Copyright categories.
Lal S Commentary On The Copyright Act 1957 Act No 14 Of 1957
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Author : Nathuni Lal
language : en
Publisher:
Release Date : 2013
Lal S Commentary On The Copyright Act 1957 Act No 14 Of 1957 written by Nathuni Lal and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Copyright categories.
The Bollywood Amendments
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Author : Nandita Saikia
language : en
Publisher: .
Release Date : 2013-01-21
The Bollywood Amendments written by Nandita Saikia and has been published by . this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-21 with Law categories.
This work explores how the 2012 amendments to the Indian Copyright Act, 1957, came to be. They were, in no small measure, designed to create a more level playing field within the film and music industry. Unfortunately, they were often confused and confusing and, at the time when they became part of the Indian corpus juris, it wasn't clear how effective they would be.
Copyright Law In Malaysia
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Author : Ida Madieha bt. Abdul Ghani Azmi
language : en
Publisher:
Release Date : 2012
Copyright Law In Malaysia written by Ida Madieha bt. Abdul Ghani Azmi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Copyright categories.
Exhausting Copyrights And Promoting Access To Education
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Author : Shamnad Basheer
language : en
Publisher:
Release Date : 2013
Exhausting Copyrights And Promoting Access To Education written by Shamnad Basheer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
In what must rate as a momentous occasion in Indian copyright history, the Copyright Amendment Bill, 2012 cleared both Houses of Parliament after 12 years of intense debate, discussion and politicking. These set of amendments were particularly celebrated for fostering social justice through provisions that included a special copyright exception for the disabled and a mandatory royalty sharing arrangement for hitherto exploited Bollywood artists. However, despite the general euphoria surrounding the passage of these highly progressive provisions, there are causes for concern. In particular, the abrupt deletion of a clause legalising parallel imports, contrary to the suggestion of an expert Parliamentary Committee, raised many an eyebrow. It would appear that publisher lobbies prevailed upon the government to effect this last minute volte-face. The main claim advanced by publishers to effectuate this change of heart was that the Indian market was well served with the latest books at affordable prices, rendering redundant the very need for a provision legalising parallel imports. In this paper, the authors limit themselves to empirically testing this claim. The data from three different libraries demonstrate that the Indian versions sold by international publishing houses are often old and outdated editions. The latest versions are available only through imports via websites (or through mainstream distributors) and costs as much, or more than their western counterparts. Further, the legality of such imports is uncertain under the present copyright regime. Based on this evidence, the authors argue in favour of retaining Section 2(m) of the Indian Copyright Act, 1957. They also argue that legal policy ought to favour free market competition, unless the evidence suggests that the gains from such competition are outweighed by the harm to the copyright owner and the growth of the indigenous publishing sector. As of today, no such countervailing evidence has been proffered.
Copyright Amendment Act 1994
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Author : Singapore
language : en
Publisher:
Release Date : 1994
Copyright Amendment Act 1994 written by Singapore and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with categories.