Copyrights are being filed by thousands of people on a monthly basis which indicates the level and number of creative minds around us. Although, merely filing of copyright isn’t sufficient. Protecting the same from being easily violated and infringed by another person who is not the author is crucial. This is the reason why the copyright Act has been set out where amendments are being made on a regular basis. The more the accuracy of the law, the more secure is the creative minds. Some of the salient features of copyright Act in india are discussed in this essay.

ASSIGNMENT OF COPYRIGHT 

Section 18[i] of copyright mainly concerns about royalty for the author for exploitation of his work by another. This holds high usage by cinematography where the author engages with artistic, literary, and musical work. In simple circumstances, when your tailored clothing of a unique style is used by a third person for nothing in exchange results in complications and frustration. Similar to it is the concept of assigning copyright. It allows the owner to assign the work to any person for however long the period of term.

A significant change in the amendment of this Act is that, the author can now not escape from his ‘equal share of royalty’ where his work is exploited by a cinematographer or producer in any form other than communicating to the public in cinema hall. Theatrical exploitation will equally share royalty with script writer, lyricist and composer. There are however, exceptions to this in case of copyright society or legal heir.

However significant this has been set out, there are however some vague vision in this provision in regard to ‘equal share of royalty’. There is no direction as to where exactly it takes the author and assignee to. Its deliberate meaning is not clearly set out which leads to confusion and also infringement. ZEE Telefilms Ltd.,[ii] is a media and entertainment broadcasting, the plaintiff who assigned their right for a period of 9 years. Cause of action of filing the suit was observed, all issues sided plaintiff. However, The appeal was dismissed on the the basis of issue of limitation.

MODE OF ASSIGNMENT

The new provisions in Mode of Assignment, section 19 of the Copyright Act (clauses 8,9,10) and assignment of copyright complement each other for the better treatment and reward for the work of the author. Assignment of a work to cinematography film or any other despite being a part of the copyright society or not, has the right to claim the equal share of royalty. It’s important to note there is no form required to fill for an assignment, merely a letter with author’s signature is sufficient.[iii]In relation to granting license, granting license contrary to  society or granted by the author also doesn’t affect claiming royalty share.[iv] However, this change doesn’t impose affect to a greater extent on the License provision.

COPYRIGHT SOCIETY

Copyright society provision undergone a number of changes that refined various vagueness and provide more serious implications for the society, author and granting license. Firstly, those who wish to carry out business to issue license for works like literary, music, drama and artistic work can only be done in the formation of a society. Any person who wish to carry out such business shall apply with the registrar which is then forwarded to central government who will grant on certain condition. It will be made sure that only one society is carried out in the particular class of work. Copyright society can usually be registered for period of 5 years which can later be renewed before the expiry of the first term. The central government can suspend the copyright registration on the consent of the author. All parties shall be treated equally without any discrimination.

Copyright society must impose tariff scheme from which if any person is aggrieved, the person can appeal to the appellate board. This step can be taken only on satisfying all the dues to the copyright society. The appellate board will carry out inquiry, and if any unfair scheme is found, it will be ordered to remove the unreasonable element.

 The parties of the society requests administration rights from the author to administer by issuing license or by license fee or both. The author also has the right to withdraw with authorisation.

LICENSE

The copyright (Amendment) Act, 2012[v] undergone a number of positive amendment in the license provision that upheld the authority of the original author of a work and his interest to it  in regard to safeguarding. Granting license used to be on receiving signature of the author which has been amended to writing to receive license is enough. If the author dies before work comes into existence, the legal representative will receive the benefit of the license. When an author is dead or cannot be found, a person can apply for license to publish or communicate to public. If a work is published during the term, the owner can complain to the appellate board for his refusal to republish or communicate it to the public. Section 31 of the Act interprets that the copyright board has jurisdiction to grant license for broadcasting and sound recording.[vi]

Any person who wish to make cover version of the literary, dramatic or musical work will have to do so with license and consent of the owner. Provided that the sound recording should not go to the hands of public by selling in package or in labelled cover which will cause confusion to the public so as to identity. It is important to that the person who makes the cover do not modify anything from the original consent.

Broadcasting can be done to the public of the literary, musical work and sound recording in regard to the provision. The organisation provides the duration and territories of coverage. Fixed Rates of royalty should be mentioned. Mentioning the names of the authors and principal performance of the work. No alteration should be done to the original.

DISABLED

A person working for the benefit of disabled may apply for licence to publish the copyrighted work for the benefit of such person. It is also necessary to direct inquiry on receipt of an application to check the credentials of the applicant and figure out if it was done in good faith. If it is carried out in good faith, the registrar of copyright would be entitled to grant license to publish the work requested.

Copyright act has been developing time to time, amendments are being made. This is mainly to uphold and safeguard the creation of a work by an author. This is entitled to be protected from being exploited by a third party which results in him gaining the credit and profit for the work for which he is not the author. There was one question in the Lok Sabha Parliamentary question hours regarding copyright violation and plagiarism as to wether there is any one member inquiry committee set up by the government. For which, the reply came in by the minister that although there is no such committee, there is Copyright Enforcement Advisory Council which is purely advisory body to review progress of enforcement of the copyright Act.[vii]