Highlights of the New Copyright Amendment Rules, 2021

The government of India has earlier this year, introduced amendments to the Copyright Rules, 2013. The changes introduced by way of the 2021 amendment are meant to bring in harmony between all existing rules and other related legislations. Some of the changes focus on easing compliances by adapting the laws to consider technological advancements.

Wed May 19 2021 | National & Social | Comments (0)

Like

The government of India had earlier this year introduced amendments to the Copyright Rules, 2013 (‘Copyright Rules’) via the Copyright (Amendment) Rules, 2021. The copyright rules along with the Copyright Act, 1957 (‘Copyright Act’) are the primary laws governing the registration and regulation of copyright work in India.

The changes introduced by way of the 2021 amendment are meant to bring in harmony between all existing rules and other related legislations. Some of the changes focus on easing compliances by adapting the laws to consider technological advancements. The highlights from the amendments are discussed in detail below.

Major Changes Introduced via the 2021 Amendment: 

  1. Substitution of the Copyright Board: Rule 3 of the copyright rules had laid down the requirement for a Copyright Board, and the terms and conditions of the Chairman and members of the Board. This rule has now been substituted with the following changes:
  1. Changes to rules for collection of royalty by Copyright Societies: Copyright Societies that are registered under the Copyright Act are engaged in the business of issuing and granting copyright licenses related to literary, dramatic, musical or artistic work that is incorporated in a film or recording. A copyright society is allowed to collect royalties according to the tariff schemes laid down in relation to the licenses issued for the specific rights for the specific work that the society has been authorised to administer. The royalty collected by the copyright society in such a manner is usually distributed according to the distribution scheme. Rules 44 to 67 lay down the guidelines for copyright societies under the copyright rules.

Under the amendment, the following rule has been inserted to rule 55, which deals with the collection of royalty by a copyright society: “(3) The copyright society in relation to collection of royalty under sub-rule (1) and distribution of royalty under sub-rule (2) of this rule, shall create a system of payment through electronic modes and shall establish a system through which the payments so made are traceable.” The rule implies that a digital payment system for collection and distribution of royalty by copyright societies must be created, and the same must be stored through electronic means.

New rules with respect to the collection of royalty have been introduced as follows:

New rules have also been introduced under Rule 66(1) of the copyright rules, detailing new items that must be made available by the society on their website. According to the amendment, the following items must also be displayed on the website of the copyright society:

  1. Annual Transparency Report: A new rule with regard to publishing an annual transparency report has been introduced for copyright societies. The following rule has been inserted after Rule 65 and mandates that all copyright societies must draw up and publish an ‘annual transparency report’ within six months from the end of every financial year. The report should be made available on the website of the copyright society for at least three years.

The report should also contain the following information:

  1. Changes to accommodate electronic records: The rules have been adapted to account for the use of electronic media and the adaptation of technological advances. The following changes have been introduced:

 Effect of the Amendment:

The amendment of the copyright rules have mainly been introduced with the intention of harmonising the copyright rules with other similar rules. The amendments also introduce new measures of making more information available on the websites, publication in the copyright journal, reducing compliance requirements for application of copyright for computer software, etc. with the intention of adopting electronic means as the primary means of communication and to encourage the adoption of advanced technology.

Copyright 2024 – Helpline Law

ENQUIRY FORM

You could get in touch with our team to find a suitable lawyer for assistance.
Helplinelaw has been referring lawyers that fit your needs in terms of seniority and experience since 2001

Other Latest Articles