Written by: Shreya Tripathi, 3rd year Law Student, Galgotias University
Copyright is like a special ownership right that belongs to the person who creates something original. This right gives them the power to do things like publish their work, sell it for money, make copies of it, and share it with others. India has laws called the Copyright Act of 1957 and the Copyright Rules of 2013 that explain how to register, protect, and enforce these copyright rights."
The Indian government has updated copyright rules in 2021 to make them more modern and easier to follow. These new rules are part of India's copyright laws, which also include the Copyright Act of 1957 and the Copyright Rules of 2013. The main goal of these changes is to keep copyright rules up-to-date with other laws and make it easier for people to use online tools for copyright-related work. The new rules focus on online content sharing platforms, making it clearer who is responsible for copyright violations. They also talk about fair use, which means using copyrighted material without permission for certain purposes like education or research. These changes are important because they help protect the rights of creators while also making it easier for people to access and share information online. However, some people have criticized the new rules, saying that they might be too strict or difficult to follow for small creators. Overall, these changes are a step forward in India's copyright laws, but it's important to keep talking about them and making sure they work well for everyone.
Reason behind the Amendment
The main objective of the amendment of Copyright Rules is to ensure smooth and flawless compliance in the light of technological advancement in digital era. The new rules will help India adopt towards electronic means as primary mode of communication. It is highly important to achieve the goals of Digital India. The Copyright Amendment Act of 2021 was shaped by several logical and practical reasons that reflect the needs of today's digital environment. The Copyright Amendment Act of 2021 was enacted to address the shortcomings of existing copyright laws in India, particularly in the context of the digital age. The primary objectives of the amendment were to:
Adapt to Technological Advancements: The rapid evolution of technology has significantly altered the way content is created, distributed, and consumed. The amendment aimed to modernize copyright laws to ensure they adequately protect creators' rights in the digital era, where content can be easily copied, shared, and manipulated online.
Enhance Online Platform Accountability: With the proliferation of user-generated content on various online platforms, there was a need to clarify the responsibilities of these platforms in preventing copyright infringement. The amendment introduced measures to hold online platforms accountable for the content uploaded by their users, requiring them to implement effective monitoring and management systems to prevent unauthorized use of copyrighted material.
Empower Creators: Creators, including artists, musicians, writers, and filmmakers, often face challenges in obtaining fair compensation for their work, especially when their content is widely shared online. The amendment sought to empower creators by strengthening their rights and providing them with tools to collectively manage and license their work. This would enable creators to receive fair remuneration when their creations are used, ensuring that their efforts are adequately rewarded.
Support Education and Research: In educational institutions, teachers and researchers often need to use existing copyrighted material for teaching and research purposes. The amendment expanded the fair use provisions to allow for the use of copyrighted material in educational settings without undue restrictions. This supports a culture of learning and knowledge-sharing, enabling students and researchers to access valuable information for their studies.
Combat Piracy: Piracy, the unauthorized use and distribution of copyrighted material, poses a significant threat to creators and the creative industry. The amendment introduced stricter penalties for copyright infringement to deter piracy and protect the rights of creators. By taking a firm stance against illegal distribution, the amendment aimed to safeguard the interests of creators and promote respect for intellectual property rights.
Align with International Standards: As countries worldwide update their copyright laws to adapt to the digital age, it was crucial for India to keep pace with these developments. The amendment was a step towards aligning India's copyright laws with international standards, ensuring that the country remains competitive in the global creative landscape. This alignment not only protects Indian creators but also attracts international investment in India's creative industries.
Key Features of the Copyright Amendment Act, 2021
The Copyright Amendment Act of 2021 introduced several important changes to India’s copyright law, which is primarily governed by the Copyright Act of 1999. Below are the key features of the 2021 amendment, along with their corresponding sections in the Copyright Act of 1999.
1. Recognition of Online Content Sharing Platforms (OCSPs)
Relevant Section: New provisions introduced; not specifically numbered in the 1999 Act.
The amendment recognizes Online Content Sharing Platforms (OCSPs) as significant players in the distribution of content. These platforms, such as YouTube and Instagram, now have specific responsibilities to ensure that users do not upload copyrighted material without permission. This change means that OCSPs must actively monitor the content shared on their sites and take down any infringing material once they receive notice.
2. Liability of Online Platforms
Relevant Section: New provisions established regarding liability; integrated into existing sections.
The amendment makes it clear that online platforms can be held liable if they host infringing content. If a copyright owner notifies a platform about unauthorized material, the platform must act quickly to remove it. This change is meant to encourage platforms to take copyright laws seriously and protect the rights of creators.
3. Fair Use Provisions
Relevant Section: Section 52 (Fair dealing).
The amendment reaffirms and expands the fair use provisions, particularly for educational purposes. This means that teachers and researchers can use copyrighted works more freely without the risk of legal issues. The aim is to promote knowledge sharing and creativity in educational settings while still respecting the rights of creators.
4. Establishment of Copyright Societies
Relevant Section: Section 33 (Registration of Copyright Societies).
The amendment introduces the concept of Copyright Societies, which are organizations that represent the interests of copyright owners. These societies can collectively manage and license the use of copyrighted works, making it easier for creators to receive compensation when their work is used. This feature is designed to empower creators and streamline the licensing process.
5. Enhanced Penalties for Infringement
Relevant Section: Section 63 (Penalty for infringement of copyright).
The amendment increases the penalties for copyright infringement. Offenders may face higher fines and longer imprisonment terms if found guilty of violating copyright laws. This change aims to deter piracy and protect the rights of creators, sending a strong message that copyright infringement is taken seriously.
6. Rights of Performers and Producers
Relevant Section: Section 38 (Rights of performers) and Section 37 (Rights of producers of sound recordings).
The amendment strengthens the rights of performers (like actors and musicians) and producers of audiovisual works. They now have clearer rights to receive fair payment for the use of their performances and productions. This recognition emphasizes the collaborative nature of creative work and ensures that all contributors are fairly compensated.
7. Provisions for Orphan Works
Relevant Section: Section 31 (Licensing of works).
The amendment addresses the issue of orphan works—works whose copyright owners cannot be identified or located. It provides a legal framework for using these works under specific conditions, allowing for their use while still respecting the rights of the original creators. This provision helps ensure that valuable cultural and creative works can be accessed and utilized, even if the owners are not easily identifiable.
Implication of the copyright amendment act, 2021
The Copyright Amendment Act of 2021 brings about several important implications for various stakeholders, including creators, online platforms, consumers, and the education sector.
1. Empowerment of Creators
One of the most significant implications of the amendment is the empowerment of creators. By enhancing their rights and introducing mechanisms like Copyright Societies, creators now have better tools to protect their work and earn fair compensation. This change encourages artists, musicians, writers, and other creators to invest time and effort into their crafts, knowing that they have legal backing to safeguard their creations.
2. Increased Responsibility for Online Platforms
With the introduction of regulations regarding Online Content Sharing Platforms (OCSPs), these platforms now have a greater responsibility to manage copyright compliance. They must monitor the content uploaded by users and respond promptly to copyright infringement claims. This shift means that platforms will need to invest in better technology and resources to ensure they comply with copyright laws, which may lead to stricter content moderation practices.
3. Enhanced Fair Use for Education
The amendment strengthens fair use provisions, particularly for educational purposes. This means that teachers and students can utilize copyrighted materials more freely for learning and research. As a result, educational institutions can create richer and more dynamic learning environments without the constant fear of infringing copyright. This shift promotes a culture of knowledge-sharing and collaboration in academia.
4. Challenges for Smaller Creators and Startups
While the amendment aims to protect creators, it could also pose challenges for smaller creators and startups. Navigating the complexities of copyright law and dealing with licensing through Copyright Societies might be daunting for individuals with limited resources. This could potentially create barriers for emerging artists and entrepreneurs, making it harder for them to enter the market.
5. Public Awareness and Education
The amendment highlights the need for public awareness about copyright issues. As the rules become more complex, it’s essential for creators, consumers, and online platforms to understand their rights and responsibilities. This could lead to increased educational efforts and resources aimed at informing stakeholders about copyright laws, fair use, and the importance of respecting intellectual property.
Indian Perspective on copyright protection
In India, the Copyright Act 2957, protects copyright. It protects the author’s copyright in two ways: (A) his or her economic rights, and (B) his or her moral rights.
Economic Rights
Original literature, drama, theater and creative works as well as cinematography and records of sound fall under copyright. The owners of the copyright in respect of the abovementioned works enjoy economic rights under section 14 of the Act. Literary, dramatic, and musical works lie in the rights to reproduce the work in some material form, including its storage in any medium by electronic means, to distribute copies of the work to the public, to perform or communicate the work in public, to make any cinematograph film or sound recording in the work, and to make an adaptation of the work. With computer software besides above rights, the author can sell or let on hire, or offer for sale or hire, any copy of the computer programme whether that copy has been sold or let on hire. Here an author is allowed to reproduce any form in which the work of imagination is created and that will include three-dimensional representation of two-dimensional work or vice versa to distribute copies of the work to the public, communicate any cinematograph work and the right to allow any alterations to the work. Where the cinematograph film is accompanied by original musical or dramatic compositions, an author, in addition to all the rights attaching to a cinematograph film, shall have the right to make a copyright in a copy of the sound recording, including a photograph of any label or cover which forms part thereof, to sell or let out for hire some copy of the sound recording, and to transmit the label or cover to the public. The same rights for makers of sound recordings apply. Other than the above rights, whether the owner of a picture, sculpture, sketch or manuscript of a literary, dramatic or musical work was the first owner of copyright; he is entitled to participate in the sale proceeds of such original copy if sale proceeds exceed rupees 10 thousand.
Moral Rights
The two basic moral rights of an author’ are specified in Section 57 of the Act. There are paternity rights and dignity rights. The privilege to paternity applies to an author’s right to assert authorship of his fiction as well as his right to prohibit others from doing so. The author’s right to dignity allows him to prohibit the fabrication, mutilation, or other modifications to his writing, as well as any other behaviour related to it, that may be detrimental to his honour or prestige. The provision to section 57(1) states that the author cannot enjoin or seek liability for any adaptation of a computer programme that falls under Section 52(1)(aa) (i.e. reverse engineering of the same). It should be remembered that failure to show work or to display it to the author’s satisfaction is not considered a violation of the rights granted by this clause. Other than the right to assert authorship of the work, the legal representatives of the author can exercise the rights bestowed on an author of a work by Section 57(1).
Conclusion
The Copyright Amendment Act of 2021 is a big step forward in fashioning and amending the copyright laws of India to align with the intricacies of the digital world. This amendment aims at addressing the new patterns of content creation and distribution in light of shifting the centre of balance between creators' rights and accommodating those of consumers and digital platforms. This legislation empowers artists and creators with better tools and mechanisms through which to protect work and to receive adequate compensation for their contributions. Most important, for the creation of an environment that encourages creativity and knowledge-sharing, Copyright Societies are to be established, and clearer provisions regarding what would fall in the definition of fair use are to be designed. But the new amendment brings in its own challenges, especially to the smaller-scale creators, who may frustrated because of the new legal landscape that proves difficult to navigate. With the increase in responsibility among online platforms to monitor content, more effective systems for compliance of copyright law will be pressed upon these platforms while ensuring all acts are a fair marketplace for the creators. Ultimately, it will be the result of an ongoing conversation between the stakeholders, creators, consumers, educational institutions, and online platforms. This would induce collaborative approach and increase the public awareness of copyright issues, thus bringing a vibrant and equitable creative ecosystem in India to incubate innovation and respect intellectual property. This amendment sets the precedent for a more dynamic and fair level playing field, with all parties involved in the creative process as we move into a digital age.
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