MUMBAI: The music industry in India has been abuzz with activity this week as the last day for submitting recommendations regarding the proposed amendment to the Copyright Act- 31 May – draws near.
The Copyright (Amendment) Bill 2010, introduced in the Indian Parliament in April, has been referred to a Parliamentary Standing Committee on Human Resource Development. The committee has asked the industry to submit their views and inputs within the next 10 days. There is however some ambiguity on the last date for submission of the recommendations as the notification mentions 10 days from publication, but omits to mention the date of publication.
The music fraternity has had its hands full with various industry bodies, music labels and associations working in a fragmented manner on the final recommendation draft to be submitted on the coming Monday.
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The recommendations submitted to the standing committee would in turn be considered and evaluated by meeting the bodies concerned, before making the final amendment.
The Indian Music Industry (IMI) would be submitting a cohesive report representing the music fraternity. Apart from the umbrella body, Phonographic Performance Limited (PPL) and The Indian Performing Right Society Ltd (IPRS) would be submitting independent recommendations to the standing committee.
The three bodies are working on the formulation of the report and would present it on Monday. PPL COO Suresh Srinivasan says, IMI being an industry body would be touching upon issues of parallel imports, disposal of infringing copies, technology protection measures, performers rights, electronic storage for private usage, fair dealing exemptions etc. On the other hand, PPL will address concerns related to copyright societies like membership eligibility, tariff open to scrutiny by the board, wrong exemptions to clubs etc….
Representing the south Indian music industry, South Indian Music Companies’ Association (SIMCA) secretary J. Sridhar says, We are addressing issues like compulsory licensing, commercial rentals, non- assignable rights to composers/lyricists etc. Our IPR lawyers are working on the draft of the recommendation and it is crucial for the industry as it might change the dynamics….
Saregama Managing Director Apurv Nagpal tweeted on a social networking site- More I think about the copyright amendment, the more I find it unconstitutional, restraint of trade. Don’t they have better things 2 do, like stop piracy?…
The music label is also working on the draft and would be submitting it on the last day. Without divulging much when probed further, he states, The amendment is poorly drafted with lot of ambiguities. We are preparing several drafts until we complete the final one…. T-Series VP digital content Neeraj Kalyan also confirmed formulation of a similar recommendation report from their stable to be again submitted on Monday
Research based international law firm Nishith Desai Associates (NDA) having dealt with many Intellectual property right (IPR) cases in the past are working on a recommendation to be submitted by The Confederation of Indian Industry (CII) to the standing committee by Monday.
Briefing on the key areas, NDA would be addressing Partner-Media Entertainment Gowree Gokhale says, On the right of music composers and lyricists to receive royalty, the creators can only give away their cinematography rights to the producers of the films and retain other rights to receive royalty. Further these rights can only be transferred to copyright societies or legal heirs and cannot be assigned to producers. Such changes are likely to change the dynamics in the Indian film and music industry. …
Although the proposal is meant for strengthening the rights of the music composers and lyricists, it doesn’t define royalty, the percentage of royalty share involved; thereby not giving the real benefit it is contemplated to. In the present format, the proposed law also encroaches the right of bargaining of the individuals and we believe that the commercial decisions are best left to the discretion of the creators, she adds.
The industry unanimously agrees that amendment meddles with the current dynamics of the industry and there is need for clarity to protect the rights of the stake holders involved or the decision on the commercial gains should be left on the dynamics of the industry.
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