The Indian Copyright Amendment Act: choppy waters ahead

The Copyright Board, a quasi-judicial and inquirybased tribunal, is to be made permanent, with three members having a fixed term of five years each. One member will be the chairperson—a sitting or a retired High Court Judge or someone eligible to be a High Court Judge.

Setting up a permanent establishment and infrastructure will enable expeditious hearing of various issues including involuntary licensing, challenges to copyright assignments, payment of royalties, issues relating to import of pirated goods, etc, especially since specific timelines have been indicated in relation to each such issue that may be raised before the Copyright Board. This amendment was long overdue and is welcomed by all parties engaged in various copyright businesses.

In respect of sound recordings and films, the exclusive right of “selling or giving on hire” has been replaced with the right “to sell or give on commercial rental”.

As the term “hire” was causing confusion, especially in the absence of a definition of “hire”, and sought to include all hiring, whether for profit or not-for-profit purposes, the need was felt to clarify that the right is limited to “commercial rental”, which is defined to exclude rental, lease or lending for non-profit purposes by a non-profit library or a non-profit educational institution.

The view on this definition is that since it is circumscribed by a non-profit purpose, there was no need to limit it further to a library or educational institution.

Amendments to Sections 17, 18 and 19 of the act are controversial and likely to be hotly contested. In a short span of time since June 2012, the amendments to these provisions have already given rise to a variety of interpretations, claims and demands.