Rajya Sabha is going to debate on copyright amendment bill 2010, followed by voting. In November 2010, Standing Committee submitted 118 pages report to the parliament. Standing Committee report clearly favored lyricists and composers, though these recommendations are not binding on parliament. Further on August 2011 Economic Times reported that cabinet has also approved the recommendations. If the Rajya Sabha is not adjourned then voting is likely to occur on 29 th August 2011.
Distinctive features of the present Bill when compared with the previous draft relate to the following:–
– changes made in the definition of terms ‘Author’ and ‘work of joint authorship’;
– term of Cinematograph work and joint authorship of films;
– independent rights to authors and composers in cinematograph films;
– statutory licensing for broadcasting;
– compulsory licence for published orphaned works; and
– registration of Copyright Societies.
major distinctive features of the present Bill when compared with theprevious draft relate to the following:–– changes made in the definition of terms ‘Author’ and ‘work of joint authorship’;– term of Cinematograph work and joint authorship of films;– independent rights to authors and composers in cinematograph films;– statutory licensing for broadcasting;– compulsory licence for published orphaned works; and– registration of Copyright Societies.
The main feature of amendment of copyright bill is that lyricist and composers will retain the rights over the work which is incorporated in cinematographic work. Though the producer will be first owner but author will be treated as first owners for other purposes. Additionally, authors will get 50% royalty in case of exploitation. This provision makes it clear that any clause in contract attempting to waive rights to true creator will be considered void. Similar provisions have been added for lyricist, composers etc.
