Recently, the Government of India notified Copyright (Amendment) Rules, 2021, which were last amended in the year 2016. The main focus of the amended provisions is to encourage accountability and transparency. Further, the amendments are introduced to ensure smooth and flawless 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.
A copy of the amended Rules can be accessed here.
Tabular Analysis of the Amendments:
| S.N. | RULE | OLD PROVISION | NEW PROVISION | CHANGE | ANALYSIS |
| AMENDMENT INTRODUCING COPYRIGHT JOURNAL | |||||
| 1 | Rule 2 Clause (da) | "journal" means the Copyright Journal, made available at the official website of the Copyright Office;" | New Clause (da) introduced. | The modification is the result of the need to bring Copyright Office at par with other IP Offices in relation to the technological advancement happening in them. Further, keeping electronic mode as the primary mode of communication will ensure, transparency and flawlessness in the working of the copyright related work at the Copyright Office. | |
| AMENDMENT RELATED TO REGISTRATION OF COPYRIGHT SOCIETIES | |||||
| 2 | Rule 49 Sub-rule 1 | When an application for registration is submitted to the Central Government through the Registrar of Copyrights, that Government may, within a period of sixty days from the date of its receipt by the Registrar of Copyrights either register the applicant as a copyright society | When an application for registration is submitted to the Central Government through the Registrar of Copyrights, that Government may, within a period of one hundred and eighty days from the date of its receipt by the Registrar of Copyrights either register the applicant as a copyright society | The words "sixty days", have been substituted with the words "one hundred and eighty days" | Grant of the status as 'Copyright Society' under the Copyright regime of the country brings with it several powers and responsibilities. Few significant ones are: collection of royalties; managing the works of copyright authors and owners registered with them; granting licenses etc. Therefore, registration as a copyright society would entail evaluation on various parameters. This amendment will give the Copyright Office reasonable time to thoroughly assess the claim before making a decision. |
Click here to continue reading . . .
Originally published 02 June 2021
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.