Bill C - 11 introduce new copyright provisions

It is noteworthy that we have been talking about in the past the way Indian Copyright Amendment Bill received great felicitation and welcome from the artists society all across the nation. This time Canadian Copyright amendment bill C-11 also arrived with interesting provisions and amendments. In one of the provisions i.e. Clause 7, the ownership of copyright for commissioned photographs is discussed. This clause talks about :

“ the limited rights being granted to the person who portrayed or commissioned the photograph for personal or non commercial use , subject to any contract specified otherwise...”

This is a beneficial provision for artists who are at times devoid of related rights on the commissioned photographs and works. Another interesting attribute is Clause 22 on  “Fair Dealing”.  Under section 29.21 of this clause, an exception is added for the content generated by non commercial users. This is termed as “Mash up exception”.  The clause reads:

“ As per this exception , the consumer has a right to use in a non-commercial context , a publicly available work in order to create a new work. This exception is subject to conditions namely the identification of the source, legality of the work, and absence of substantial adverse effect on the exploitation of the original work…”

Also section 29.22 and 29.23 of this clause talks about “ Format Shifting” and “ Time Shifting”  provisions respectively. Under these provisions the consumers could use Format and Time shifting for private purposes. On a more practical way, for example the consumers may be able to listen to an internet recorded audio or video on their systems at a convenient time or format shift audio on their gadgets like mp3, ipods etc without violating copyright restrictions. But this being subject to limitations like legality of the work obtained and private use clause. Amended Clause 22 states:

“ The purpose of this amendment is to clarify that the exception only applies for private purposes of the individual who owns the music or records the program, and not anybody else’s private purposes...”

Certain other interesting attributes of this bill talks about Technological Protection measures and Safe harbour provisions for ISPs. Full text can be read here. Overall, the proposed amendments touch every aspect of copyright and offer us in depth insight into a modern copyright law.

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Copyrights: Conventions and Treaties available

We have recently witnessed the great Indian Copyright Amendment Bill being passed in the parliament this year and the kind of felicitation it received from the artists, musicians, performers and writers community in India. The life long and equal royalty issues have been the crux of the arguments. In the background of this topic, there are many other significant international treaties protecting the copyrights, broadcasters rights, performers rights and phonogram producers rights worldwide. Some of them are stated as under:

Berne Convention: India is a contracting party to Berne Convention since 1^st April 1928  Berne Convention protects the literary and artistic works of all the member contracting states. The protection also extends to Cinematographic Works, Works of Architecture and Certain Artistic Works. Under  Article 5 of the Berne convention :

“Authors shall enjoy, in respect of works for which they are protected under this Convention, in countries of the Union other than the country of origin, the rights which their respective laws do now or may hereafter grant to their nationals, as well as the rights specially granted by this Convention…”

Rome Convention:  India is also a contracting party to this convention since 1961. Rome Convention extends protection to “related rights” like performances of performers, producers of phonograms and broadcasters. Protection under this convention lasts for a period of 20 years computed from the end of year during which such work is fixed.

“ Protection must last at least until the end of a period of 20 years computed from the end of the year in which: (a) the fixation was made, for phonograms and for performances incorporated therein;  (b) the performance took place, for performances not incorporated in phonograms;  (c) the broadcast took place, for broadcasts……”

WIPO Performances and Phonograms Treaty (WPPT): Although India is not a contracting party to this treaty, the treaty was adopted in Geneva on December 20, 1996.  This treaty aims at protecting the rights of performers and producers of phonograms in a uniform and efficient manner. Article 15 of the treaty  talks about equitable remuneration assigned to performers and producers of phonograms. 

“Performers and producers of phonograms shall enjoy the right to a single equitable remuneration for the direct or indirect use of phonograms published for commercial purposes for broadcasting or for any communication to the public…”

  

Hence these were some notable treaties and conventions for internationally protecting the copyrights and related rights of performers, authors, broadcasters and phonogram producers. It is worthwhile to notice the provisions and rights extended under these conventions to value your creative works. 

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