Copyright (Amendment) Rules, 2021: Key Takeaways

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A new provision regarding the publication of a copyrights journal has been inserted, thus eliminating the requirement of publication in the Official Gazette.
India Intellectual Property
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[NOTIFIED VIDE GAZETTE NOTIFICATION UNDER REFERENCE G.S.R. 225(E) DATED 30TH MARCH, 2021]

The amendments have been introduced with the objective of bringing the existing rules in parity with other relevant legislations.

1. A new provision regarding the publication of a copyrights journal has been inserted, thus eliminating the requirement of publication in the Official Gazette. The Copyrights Journal will be available on the Copyright Office website.

Implication: The same will ensure a smooth and seamless compliance in the light of the technological advancement in digital era by adopting electronic means as primary mode of communication and working in the Copyright Office.

2. The compliance requirements for registration of software works have been largely reduced wherein the applicant can file the first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions.

Implication: The compliance requirements for registration of software works have been largely reduced as earlier the language of Rule 70 sub-rule 4 required the applicant to submit the "source and object code" while making an application for registration of computer programme.

3. The time limit for the Centre to respond to an application made before it for registration as a copyright society is extended to 180 days.

Implication: The same has been adopted to ensure comprehensive examination of the application.

4. A new rule i.e. Rule 65A has been inserted wherein the Copyright Societies would be required to draw up and make public an Annual Transparency Report for Financial year within 6 months following the end of the financial year.

Implication: This will help to reinforce transparency in the working of copyright societies.

5. New provisions have been introduced to deal with the undistributed royalty amounts and use of electronic and traceable payment methods while collection and distribution of royalties.

Implication: This will encourage accountability and transparency

6. The Copyright Board has been merged with the Appellate Board

Implication: The amendments have harmonized the Copyright Rules with the provisions of Finance Act, 2017.

Refer the below link for notification on Copyright (Amendment) Rules, 2021.

https://copyright.gov.in/Documents/Notification/Copyright-Rules_Amendment_2021.pdf

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Copyright (Amendment) Rules, 2021: Key Takeaways

India Intellectual Property

Contributor

S&A Law Offices is a full-service law firm comprising experienced, well-recognized and accomplished professionals. S&A Law Offices aims to provide its clients (both domestic and international) with top-quality counsel and legal insights, which combines the Firm's innovative approach with comprehensive expertise across industries and a broad spectrum of modalities. Being a full-service law firm, we take pride in having the capability of providing impeccable legal solutions across various practice areas and industries and makes an endeavor to provide a 360 degree legal solution. With registered office at Gurugram and other strategically located offices in New Delhi, Mumbai, and Bengaluru, along with associate offices across India, S&A is fully equipped to provide legal services on a pan-India basis.
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