The Copyright (Amendment) Bill 1999

The Copyright (Amendment) Bill 1999

A bill further to amend the Copyright Act 1957.

Be it enacted by Parliament in the Fiftieth Year of the Republic of India as follows: –

1. Short title and commencement

1. (1) This Act may be called the Copyright (Amendment) Act 1999.

(2) It shall come into force on such date as the Central Government may by notification in the Official Gazette appoint.

2. Amendment of section 2

In the Copyright Act 1957 (hereinafter referred to as the principal Act) in section 2, in clause (o), for the words data basis the word “databases” shall be substituted.

3. Amendment of section 14

In section 14 of the principal Act in clause (b) for sub-clause (ii) the following shall be substituted namely: –

“(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme :

Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.”

4. Amendment of section 38

In section 38 of the principal Act in sub-section (2), for the words “twenty-five years”, the words “fifty years” shall be substituted.

5. Insertion of new section 40A

Power of Central Government to apply Chapter VIII to broadcasting organisations and performance in certain other countries.

After section 40 of the principal Act the following section shall be inserted namely: –

“40A. (1) If the Central Government is satisfied that a foreign country (other than a country with which India has entered into a treaty or which is a party to a convention relating to rights of broadcasting organisations and performers to which India is also a party) has made or has undertaken to make such provisions, if any, as it appears to the Central Government expedient to require, for the protection in that foreign country, of the rights of broadcasting organisations and performers as is available under this Act, it may, by order published in the Official Gazette, direct that the provisions of Chapter VIII shall apply –

(a) to broadcasting organisations whose headquarters is situated in a country to which the order relates or, the broadcast was transmitted from a transmitter situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India;

(b) to performances that took place outside India to which the order relates in like manner as if they took place in India;

(c) to performances that are incorporated in a sound recording published in a country to which the order relates as if it was published in India;

(d) to performances not fixed on a sound recording broadcast by a broadcasting organisation the headquarters of which is located in a country to which the order relates or where the broadcast is transmitted from a transmitter which is situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India.

(2) Every order made under sub-section (1) may provide that –

(i) the provisions of Chapter VIII shall apply either generally or in relation to such class or classes of broadcasts or performances or such other class or classes of cases as may be specified in the order;

(ii) the term of the rights of broadcasting organisations and performers in India shall not exceed such term as is conferred by the law of the country to which the order relates;

(iii) the enjoyment of the rights conferred by Chapter VIII shall be subject to the accomplishment of such conditions and formalities, if any, as may be specified in that order;

(iv) Chapter VIII or any part thereof shall not apply to broadcast and performances made before the commencement of the order or that Chapter VIII or any part thereof shall not apply to broadcasts and performances broadcast or performed before the commencement of the order;

(v) in case of ownership of rights of broadcasting organisations and performers, the provisions of Chapter VIII shall apply with such exceptions and modifications as the Central Government may, having regard to the law of the foreign country, consider necessary.”

6. Insertion of new section 42A

Power to restrict rights of foreign broadcasting organisations and performers.

After section 42 of the principal Act the following section shall be inserted namely :-

“42A. If it appears to the Central Government that a foreign country does not give or has not undertaken to give adequate protection to rights of broadcasting organisations or performers, the Central Government may, by order published in the Official Gazette, direct that such of the provisions of this Act as confer right to broadcasting organisations or performers, as the case may be, shall not apply to broadcasting organisations or performers whereof are based on incorporated in such foreign country or are subjects or citizens of such foreign country and are not incorporated or domiciled in India, and thereupon those provisions shall not apply to such broadcasting organisations or performers.”

7. Amendment of section 52

In section 52 of the principal Act in sub-section (1) –

(a) after clause (aa) the following clauses shall be inserted namely :-

“(ab) the doing of any act necessary to obtain information essential for operating inter-operability of an independently created computer programme with other programmes by a lawful possessor of a computer programme provided that such information is not otherwise readily available;

(ac) the observation, study or test of functioning of the computer programme in order to determine the ideas and principles which underline any elements of the programme while performing such acts necessary for the functions for which the computer programme was supplied;

(ad) the making of copies or adaptation of the computer programme from a personally legally obtained copy for non-commercial personal use; ;

(b) in the proviso to clause (p) for the words “fifty years” the words “sixty years” shall be substituted.

STATEMENT OF OBJECTS AND REASONS

India is a signatory to the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS). As per Article 14 of the Agreement the term of protection available to performers shall last at least until the end of a period of fifty years computed from the end of the calendar year in which the performance took place. Section 38 of the Copyright Act 1957 inter alia provides that the performers’ right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the performance is made. It is proposed to extend the term of protection of performers’ rights from twenty-five years to fifty years and to provide for powers of the Government to extend the provisions of the Copyright Act to broadcasts and performances made in other countries provided those countries extend similar protection to broadcasts and performances made in India. Extension of the period of protection of performers’ right to fifty years as well as extending applicability of provisions of Copyright Act to broadcasts and performances in other countries shall benefit the Indian broadcasting organisations and performers to get reciprocal protection for their rights in other countries which are signatories to TRIPS. It is also proposes to carry out certain minor modifications in the Act.

2. The Bill seeks to achieve the above objects.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 5 of the Bill seeks to insert a new section 40A, in the Copyright, Act, 1957 relating to power of Central Government to apply Chapter VIII of the Act to broadcasting organisations and performers of certain other countries. The proposed new section 40A seeks to empower the Central Government to issue order published in the Official Gazette applying the provisions of Chapter VIII of the aforesaid Act to the broadcasting organisations and performers in a country (other than a country with which India has entered into a treaty or which is a party to a convention relating to rights of broadcasting organisations and performers to which India is also a party) in case such country has made or has undertaken to make such provisions as it appears to Central Government expedient to require for the protection in the foreign country of the rights of broadcasting organisations and performers similar to those as is available in India. Clause 6 proposes to insert a new section 42A relating to power to restrict rights of foreign broadcasting organisations and performers in the aforesaid Act. The proposed new section seeks to empower the Central Government to issue order published in the Official Gazette restricting the rights of foreign broadcasting organisations and performers if the Central Government is satisfied that the foreign country does not give or has not undertaken to give adequate protection to rights of broadcasting organisations or performers as is available in India. These new provisions are sought to be inserted in Chapter IX relating to International Copyright of the Act. Section 43 of the Act requires that the Central Government shall lay before both Houses of Parliament every such order made under Chapter IX.

2. It is not practicable to provide for those matters in respect of which orders may be made by the Central Government under proposed new section 40A and 42A in the Bill itself. The delegation of legislative power is therefore of a normal character.

ANNEXURE EXTRACTS FROM THE COPYRIGHT ACT 1957(14 OF 1957)

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Interpretation

2. In this Act unless the context otherwise requires –

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(o) “literary work” includes computer programmes tables and compilations including computer data basis;

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Meaning of copyright

14. For the purposes of this Act copyright means the exclusive right subject to the provisions of this Act to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof namely: –

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(b) in the case of a computer programme –

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(ii) to sell or give on hire or offer for sale or hire any copy of the computer programme regardless of whether such copy has been sold or given on hire or earlier occasions;

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Performer’s right.

38. (1) * * * * *

(2) The performer’s right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the performance is made.

Certain acts not to be infringement of copyright.

52. (1) The following acts shall not constitute an infringement of copyright namely :-

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(aa) the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme from such copy –

(i) in order to utilise the computer programme for the purpose for which it was supplied; or

(ii) to make back-up copies purely as a temporary protection against loss destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;

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(p) the reproduction for the purpose of research or private study or with a view to publication of an unpublished literary dramatic or musical work kept in a library museum or other institution to which the public has access :

Provided that where the identity of the author of any such work or in the case of a work of joint authorship of any of the authors is known to the library museum or other institution as the case may be the provisions of this clause shall apply only if such reproduction is made at a time more than fifty years from the date of the death of the author or in the case of a work of joint authorship from the death of the author whose identity is known or if the identity of more authors than one is known from the death of such of those authors who dies last;

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Performer’s right.

38. (1) * * * * *

(2) The performer’s right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the performance is made.

The Copyright (Amendment) Bill 1999

Contents

Meaning of copyright