Google’s agreement with several French publishers to make digital copyright payments for online news content has been making headlines. Simultaneously, a similar dispute is ongoing between the Australian government and global tech platforms, such as Google and Facebook, over royalty sharing with news publishers.
About the Google-French Deal
France became the pioneer in adopting the European Union copyright rules into their national law, thereby enforcing the ‘neighbouring rights’ law. According to the World Intellectual Property Organization (WIPO), neighbouring rights safeguard the legal interests of contributors and entities that provide work for public consumption. This new law forced Google to negotiate with publishers and news agencies to pay for reusing their content online.
European Union Copyright Rules: An Overview
The European Union aims to establish a comprehensive framework where copyrighted material, copyright holders, providers, and users can benefit from transparent rules suitable for the digital age. The primary focus is on wider opportunities to use copyrighted material for education, research, and preservation of cultural heritage, enabling more cross-border and online access to copyright-protected content, and fairer rules for a better-functioning of the copyright marketplace.
The Australian Dispute Over Copyright Payments
On the other hand, Google has threatened to withdraw its search engine from Australia, and Facebook could block news links for Australian users if new norms on royalty payments are enforced. Tech companies argue the Australian media industry already benefits from traffic routed to them from digital platforms and these additional rules proposed by the Australian authorities would expose them to unmanageable financial and operational risks.
Implications for India’s Digital Content Market
The evolving EU Directive and the ongoing copyright royalty dispute in Australia highlight the need for updating copyright rules worldwide, including India. With 300 million users of online news sites, India is the world’s second-largest online news-consuming nation after China, emphasizing the need to enforce digital copyright payments for content creators.
Existing Copyright Laws and Proposed Amendments in India
In India, the Copyright Act, 1957 and the Copyright Rules, 2013 govern the copyright regime. The latest amendment was made in 2016 through the Copyright Amendment Rules, 2016. To ensure the law keeps pace with technological advancements, the Department for Promotion of Industry and Internal Trade (DPIIT) released the Draft Copyright (Amendment Rules), 2019.
Key Provisions in the Draft Rules
The draft rules propose setting up an Appellate Board to replace the Copyright Board and amending the manner in which copyright societies fix their tariff schemes. When fixing its tariff, the copyright society should consider cross-sectional tariff comparisons, economic research, and the nature and scope of the use of the work, among other factors. Moreover, it will be mandatory for copyright societies to publish an annual transparency report on its website.
Future Perspectives and Challenges
This development offers India the chance to balance its priorities for the creation and distribution of creative content online within a durable legal framework. It is critical for India to acknowledge that copyright laws need to evolve in line with internet usage changes, digitalisation, and the globalisation of the content market.
