The Department for Promotion of Industry and Internal Trade (DPIIT) recently released the Draft Copyright (Amendment Rules), 2019. The objective of these proposed amendments is to keep the Copyright Act in tandem with advancements in digital technology. This also brings it at par with other relevant laws. The Copyright Act, put into effect in 1957, presides over the copyright regime in India. It uses the Copyright Rules of 2013 as its primary guide, last updated in 2016 with the Copyright Amendment Rules.
Overview of the Proposed Changes
Among the proposed changes in the Draft Rules, one key amendment is the introduction of an Appellate Board, which would replace the current Copyright Board. The new board’s chairperson and additional members would be selected following the guidelines laid out in the Trade Marks Act of 1999.
Another significant change is in the way copyright societies will determine their tariff schemes. A copyright society is a legal entity that takes responsibility for protecting creators’ commercial interests. They provide guarantees for the commercial management of creative works by issuing licenses and collecting royalties based on a stipulated tariff scheme.
Proposed Amendments to Tariff Schemes
The DPIIT has suggested a number of factors that should be considered by the copyright society when determining their tariffs. These include cross-sectional tariff comparisons, economic research, understanding the nature and scope of use for copyrighted work, assessing the commercial value of the rights in use, and considering the benefits to the licensees.
Duties of the Copyright Societies
| Factor | Description |
|---|---|
| Cross-sectional tariff comparisons | Comparing the tariffs between different sections of the industry. |
| Economic research | Detailed analysis on the economic benefits of the copyrighted work. |
| Nature and scope of the work | Evaluating the breadth of usage and the purpose of the copyrighted work. |
| Commercial value of the rights in use | Assessing the commercial worth of the rights that are being exercised. |
| Benefits to licensees | Considering the advantages that the licensee would gain from the copyrighted work. |
Transparency Measures
Alongside these proposed changes, the amendment rules also mandate copyright societies to publish an “annual transparency” report for each financial year on its website. This report should detail the activities of the society, providing insight into their operations and transactions. This measure aims at increasing transparency and keeping all stakeholders informed about the workings of the society and how the tariffs are calculated. This move is expected to provide additional assurance to creators about the protection and commercial management of their works.