Tag: copyright act

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Delhi High Court invites suggestions for fixing royalties for sound recording

The High Court of Delhi has issued a public notice on 10th November, 2021, with respect to the intention of the IP Division to fix/revise royalties as mandated under Section 31D of the Copyright Act, 1957. The notice invites suggestions from interested persons, in writing along with necessary evidence, to be submitted within 30 days (by 10th December, 2021). The suggestions may be e-mailed to ipd-copyright@dhc.nic.in A copy of the notice is available here: http://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/PublicNotice_SIGLWQIP4Z3.PDF The notice reads as follows: PUBLIC NOTICE "Reg: C.O.(COMM.IPD-CR)…

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UPDATED PATENT, TRADE MARK, COPYRIGHT AND OTHER ACTS

Updated Patent, Trade Mark, Copyright and other Acts

Following the ordinance abolishing the IPAB, we updated all relevant intellectual property statutes to reflect the amended provisions. We are hereby sharing  the links to the amended statutes along with word and pdf versions of the Acts in accessible formats. You may read about the changes in different statutes in  the series of posts we had carried earlier at the following links: Patents Act, Trade Marks Act, Copyrights Act, Plant Varieties Act, and Geographical Indications Act. The list below provides links…

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Tribunal reforms & Copyright Act

Vitiation of IPAB and Beyond – What changes under the Copyright Act now?

The President of India on fourth of April 2021 promulgated “The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021”. This Ordinance abolishes the various tribunals set up under the following acts: THE CINEMATOGRAPH ACT, 1952 THE COPYRIGHT ACT, 1957 THE CUSTOMS ACT, 1962 THE PATENTS ACT, 1970 THE AIRPORT AUTHORITY OF INDIA ACT, 1994 THE TRADE MARKS ACT, 1999 THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION…

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Indian Copyright Amendments 2020/21- Proposals of the Working Group on IP and Public Interest

Indian Copyright Amendments 2020/21- Proposals of the Working Group on IP and Public Interest

A group of intellectual property teachers have come together to propose amendments to the Copyright Act, 1957, in order to further creativity in the digital context. Entitled "Like-Minded IP Teachers’ Working Group on Intellectual Property and Public Interest [Copyright Amendment 2020-21)," the document published by them primarily proposes amendments to copyright exceptions and definitions. In their words, the purpose of the document is as follows: "This document, prepared by a group of like-minded IP teachers, provides a list of amendments which…

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Intellepedia - IP News Updates

Suggestions on the Amendment of the Copyright Act, 1957- Part III

Suggestions on the Amendment of the Copyright Act, 1957- Part III Section 31B Reasons for suggested amendments Section 31B provides for the issuance of a compulsory license to publish a copyrighted work for the benefit of disabled persons. The suggested amendments broaden the scope of the provision, and bring the nature of the license and the procedure for obtaining a license in line with the statutory license provisions under Section 31C and 31D. By permitting statutory licensing for such works, more…

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Intellepedia - IP News Updates

Suggestions on the Amendment of the Copyright Act, 1957- Part II

Suggestions on the Amendment of the Copyright Act, 1957- Part II Section 18 Reasons for suggested amendments A frequent issue pertaining to Section 18, which outlines the rights which may be assigned and the exceptions, has been the right to receive royalties with respect to works forming part of a cinematograph film or sound recording. The current provision does not permit the author to waive or assign the right to receive equal share of royalties for the utilisation of such…

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Intellepedia - IP News Updates

Suggestions on the Amendment of the Copyright Act, 1957- Part I

Suggestions on the Amendment of the Copyright Act, 1957- Part I The Hon. Registrar of Copyrights, through an email dated 14th October, 2020, invited suggestions on the amendment of the Copyright Act, 1957 in the light of changes brought about by use of internet, digitalization and an increasingly globalized market for digital content. On behalf of BananaIP Counsels, we have submitted the following recommendations and suggestions to the Registrar, and await positive changes in the Act. We appreciate the…

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A Case for Statutory Licensing of Music for Broadcasting

After the Wynk decision of the Bombay High Court, which came to the conclusion that internet broadcasting is not covered under Section 31D of the Copyright Act, the record labels are on  a drive to convince the Government, industry and academics that statutory licensing does not provide fair value to sound recording holders. Their efforts seem to have doubled and tripled after publication of the draft Copyright Rules, 2019, which  proposed to include internet broadcasting within the scope of statutory…

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The image has a sheet of paper with text stating "Copyright License Agreement". The post contains notes relevant to Copyright Amendment Act 2012. Click on image to view post.

Statutory Licenses for Broadcasting – Part V: Notes on Copyright Amendment, 2012

This post was first published on 28th June, 2014.   The 2012 Copyright Amendment codified Statutory Licenses for radio broadcasting and has added television broadcasting to be within the scope of the license. Section 31D deals with statutory licenses for broadcasting. It reads as follows: "31D. Statutory licence for broadcasting of literary and musical works and sound recording. (1) Any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical…

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Defacto Copyright Societies

  Prashant's recent post on Copyright Societies in India is lucid and instructive like many of his other writings. You may read his post and those related to it on Spicy IP, and may also consider going through the chapter in the book he references. The phrase "Defacto Copyright Societies" he uses in his post caught my attention, and therefore, this quick note. In my opinion, the Copyright Amendment is more discriminatory than revolutionary. It gives undue importance and rights to…

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