NEW DELHI: Riddled by a difference of opinion between the Information and Broadcasting Ministry and the Human Resource Development Ministry, the controversial Copyright (Amendment) Bill was not placed for consideration by the Union Cabinet at its meeting yesterday.
The legislation, which has been seen by stakeholders and the Departmentally-related Parliamentary Committee, would have gone to Parliament after approval of the Cabinet. It will now be placed before the Cabinet after both Ministries agree on the changes.
It is understood that the HRD Ministry made several changes contrary to the report of the Parliamentary Committee yesterday. The amendments to the Copyright Bill were supposed to drop the controversial statutory licensing clause for radio broadcast. The amendment to the Copyright Act 1958, aims at according unassignable rights to ‘creative artists’ such as lyricists, playback singers, music directors, film directors, dialogue writers who will be paid royalty every time the movie they have worked in is aired on a television channel.
The Bill has also been challenged by the film industry, book publishers and the broadcasting industry.The legislation was opposed in Parliament in the last session over the statutory licencing for radio broadcast of literary and musical works. Meanwhile, India's radio operators are protesting the move by the HRD Ministry to significantly alter an earlier version of the Copyright Amendment Bill 2010.
Association of Radio Operators for India (AROI) president Anurradha Prasad has written to I&B Minister Ambika Soni pointing out the adverse impact of a proposed change in the Bill by the HRD Ministry from the previous versions.
Prasad told Radioandmusic.com that the version of the Bill that was tabled in Parliament late last year mandates statutory licensing of music by a body called Copyright Board, at rates prescribed by that agency. Now there is a proposal to delete the statutory licensing clause.
"Absence of such a regulation would mean that there would be too many bodies and companies demanding different royalty rates and representing different rights. Statutory licensing makes it easier for both radio companies to pay royalty and for music companies to collect royalty. This in fact is the only practical way as otherwise rate disputes and rights disputes would hamper growth of both radio and music industries," Prasad said in her letter to Soni.
Prasad said the distribution of royalty between various music right owners was best managed by the Copyright Board as per laws and regulations existing from time to time. "The scenario desired is one collection and distribution agency governed by Copyright Board to whom radio can pay royalty and obtain statutory license,' she said.
NEW DELHI: Riddled by a difference of opinion between the Information and Broadcasting Ministry and the Human Resource Development Ministry, the controversial Copyright (Amendment) Bill was not placed for consideration by the Union Cabinet at its meeting yesterday.
The legislation, which has been seen by stakeholders and the Departmentally-related Parliamentary Committee, would have gone to Parliament after approval of the Cabinet. It will now be placed before the Cabinet after both Ministries agree on the changes.
It is understood that the HRD Ministry made several changes contrary to the report of the Parliamentary Committee yesterday. The amendments to the Copyright Bill were supposed to drop the controversial statutory licensing clause for radio broadcast.The amendment to the Copyright Act 1958, aims at according unassignable rights to ‘creative artists’ such as lyricists, playback singers, music directors, film directors, dialogue writers who will be paid royalty every time the movie they have worked in is aired on a television channel.
The Bill has also been challenged by the film industry, book publishers and the broadcasting industry.The legislation was opposed in Parliament in the last session over the statutory licencing for radio broadcast of literary and musical works.Meanwhile, India's radio operators are protesting the move by the HRD Ministry to significantly alter an earlier version of the Copyright Amendment Bill 2010.
Association of Radio Operators for India (AROI) president Anurradha Prasad has written to I&B Minister Ambika Soni pointing out the adverse impact of a proposed change in the Bill by the HRD Ministry from the previous versions.
Prasad told Radioandmusic.com that the version of the Bill that was tabled in Parliament late last year mandates statutory licensing of music by a body called Copyright Board, at rates prescribed by that agency. Now there is a proposal to delete the statutory licensing clause.
"Absence of such a regulation would mean that there would be too many bodies and companies demanding different royalty rates and representing different rights. Statutory licensing makes it easier for both radio companies to pay royalty and for music companies to collect royalty. This in fact is the only practical way as otherwise rate disputes and rights disputes would hamper growth of both radio and music industries," Prasad said in her letter to Soni.
Prasad said the distribution of royalty between various music right owners was best managed by the Copyright Board as per laws and regulations existing from time
to time. "The scenario desired is one collection and distribution agency governed by Copyright Board to whom radio can pay royalty and obtain statutory license,' she said.
Your statement in para 3 is inaccurate: the provision of royalties to film directors and script/dialogue writers has been removed in the present BIll. The Bill has introduced a Compulsory Licensing regime for music. For the radio broadcasters to seek additional Statutory Licensing is mischievous because a Statutory law suspends the rights of the owners of copyright. Such legislation is used only in well-defined 'public interest' cases such as community radio. Broadcasters allege the arrogant attitude some music bodies have shown to them but these same bodies have concluded licensing agreements with All India Radio, telecoms operators and internet sites. That these same broadcasters are fighting in court the weakest link in the music chain, the individual authors and composers, to deny them any royalties shows the extend of their audacity and ruthlessness. Their shameful stand weakens considerably the country's stand at WIPO where it fights far higher stake cases in pharmaceuticals.
