Introduction/ Journey of Copyright Registry:
The Copyright Act, 1957 (the "Act") came into force in January 1958. Since its enactment, the Act has been amended six times, namely in 1983, 1984, 1992, 1994, 1999, and 2012. Among these, the Copyright (Amendment) Act, 2012 is the most substantial.
The primary reasons for amending the Copyright Act, 1957 included bringing the Act into conformity with the two WIPO Internet Treaties concluded in 1996, namely the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT); protecting the music and film industries and addressing their concerns; addressing the needs of persons with disabilities; safeguarding the interests of authors; making incidental and operational changes; removing procedural bottlenecks; and strengthening the enforcement of rights.
Some of the significant amendments introduced in 2012 include the extension of copyright protection in the digital environment, such as penalties for the circumvention of technological protection measures and rights management information, provisions relating to the liability of internet service providers, and the introduction of statutory licences for cover versions and broadcasting organizations. The amendments also ensured the right of authors and music composers to receive royalties, conferred exclusive economic and moral rights on performers, provided equal membership rights in copyright societies for authors and other right holders, and introduced copyright exceptions to facilitate access to works by persons with disabilities.
Prior to the enactment of the Copyright Act, 1957, copyright law in India was governed by the Copyright Act, 1914, which was essentially an extension of the British Copyright Act, 1911 to India. The Copyright Act, 1957 also borrowed extensively from the United Kingdom Copyright Act, 1956 and continues to reflect common law traditions. Developments in other jurisdictions have led to a certain degree of convergence in copyright regimes, particularly in developed countries.
At present, the Act is compliant with most international conventions and treaties in the field of copyright. India is a member of the Berne Convention for the Protection of Literary and Artistic Works, 1886 (as revised at Paris in 1971), the Universal Copyright Convention, 1952, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), 1995. Although India is not a member of the Rome Convention, 1961, the provisions of the Act are largely compliant with its requirements.
Substantial amendments made in 2012 rendered the Act compliant with the WCT and WPPT. Both treaties, which came into force in 2002, were negotiated to address the protection of the rights of copyright holders, performers, and producers of phonograms in the internet and digital era. India acceded to both the WCT and WPPT in 2018. Further, the provisions of the Act are also in harmony with other WIPO treaties, including the Beijing Treaty on Audiovisual Performances, 2012, and the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired or Otherwise Print Disabled Persons, 2013.
The Copyright (Amendment) Rules, 2016 were published in the Official Gazette of India on 10 August 2016 and came into force on 12 August 2016, replacing the Copyright Rules, 2013. These Rules, inter alia, amended the terms and conditions relating to the office of the Chairperson and members of the Board, as well as the procedure for registration of copyright. In particular, under Rule 70(6), the words "in relation to any goods" were substituted with "in relation to any goods or services". Accordingly, Item 14 under the "Statement of Particulars" in Form XIV of the First Schedule was also amended to reflect this change.
