[Reader-list] Response to the Proposed Copyright Amendment

[Lawrence Liang]

The Indian Government is planning to introduce a significant amendment to
the Copyright Act 1957.
 
A few of the key proposed amendments include:
 
1. Introduction of Digital Rights Management (DRM)
2. Amendment to Sec. 52(1)(j) on Œversion recordings¹
3. Introduction of provisions enabling access for persons with visual
disability 
 
A few of us have been working on a response to the proposed amendments, as
well as revisiting some of the existing provisions from a public interest
perspective. It is important to note that India is under no legal obligation
to introduce some of the proposed amendments including DRM.
 
We also note that it is important for the government to recognize and rely
on flexibilities of the Berne Convention and the TRIPs agreement which
enable access to knowledge and information, by ensuring easy access to
copyrighted materials in respect of educational, private or general use, and
via any media or form. For instance, we note that the present amendment
seeks to promote greater access to knowledge and information for persons
with any sensory disabilities. This is a welcome move, especially if enacted
with a thorough review of the details of the need, and the enabling
provision thereof.
 
Another very important section is the one that enables the making of
versions recordings in India. This provision has extensively enhanced the
Indian music landscape. It has led to a transformation in the distribution
and creation of cultural goods. One significant economic aspect of these
provisions is worth noting: in the early 1980s, as audio cassettes
proliferated, a number of small companies were able to use Section 52(1)(j)
to produce and sell vast numbers of so-called Œversion recordings¹ in
hitherto under-served languages and genres. It is also the section that has
resulted in the Œremix¹ culture that we have witnessed in the past few
years. The proposed amendment significantly increases the cost of making a
version record.
 
 
This document has been sent to the Government, and is endorsed and supported
by a number of educational and research institutions, consumer groups and
disability rights organizations.
 
For more details please see

<http://www.altlawforum.org/ADVOCACY_CAMPAIGNS/copyright_amdt/>
 
To download a copy of the document

 <http://www.altlawforum.org/ADVOCACY_CAMPAIGNS/copyright_amdt/Copyright%20A
mdt-Response-13th%20July%202006.pdf>

 
 
Achal Prabhala
Nirmita Narasimhan
Lawrence Liang
 
(Reviewers)