Oho!!
Again copyright issue about even discussion of copyright amendment!!!!
(Smile!)
Anyway, I don't think discussion in this public forum is out-of-bounds as
something is under consideration of government.
After all, in a democracy, government requires free input even if it asks for
it or not.
And, expression of opinions even if reaches the eyes and brains of government
officials, is not going to prejudice and favorable outcome.
Anyway, ultimately moderatorial discretion would prevail and I would not write
on this issue, unless permitted.
Regards
"Perhaps our role on this planet is not to worship God-- but to create Him."
--Arthur C. Clarke
(Rajesh Asudani)
Assistant General Manager,
Reserve Bank of India
Nagpur
09420397185
O: 0712 2806676
Res: 0712 2591349
-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of Kotian, H P
Sent: Friday, March 12, 2010 2:15 PM
To: To:
Subject: Re: [AI] regardin copywrite issue
Dear Rahul
Is the material you have reproduced in public domain? I suppose not, as it is
still in the consideration of the government. In that case, I suppose it may
not be right to discuss in a public space like ours.
Harish Kotian.
From: rahul cherian <[email protected]>
To: raghuraman <[email protected]>,
[email protected]
Subject: Re: [AI] regardin copywrite issue
ear Raghu,
After much campaigning by rights groups and a meeting that we had with Mr.
Kapil Sibal, the HRD Ministry has proposed the following wording for the
copyright amendment:
*Section 52 (1) (za)**: The reproduction, issue of copies or communication to
the public of any work in a format, including sign language, specially designed
only for the use of persons suffering from a visual, aural or other disability
that prevents their enjoyment of such works in their normal
format.* *
Section 31B (1):** An organization, registered under section 12A of the income
tax act, 1961 (act 43 of 1961) and working primarily for the benefit of persons
with disability, and recognized under chapter X of the persons with
disabilities (equal opportunities, protection of rights and full
participation) act, 1995 (act 1 of 1996) may apply to the Copyright Board, in
such form as may be prescribed, for a compulsory license to publish any work in
which copyright subsists for the benefit of such persons, in a case to which
clause (za) of subsection (1) of section 52 does not apply, and the Copyright
Board shall dispose of such application within three months.*
*(2) The Copyright Board may, upon receiving an application under subsection
(1) inquire, or direct such inquiry as it necessary, to establish the
credentials of the applicant and satisfy itself that the application has been
made in good faith.
(3) If the Copyright Board is satisfied, after giving to the owners of rights
in the work a reasonable opportunity of being heard and after holding such
inquiry as it may deem necessary, that a compulsory license needs to be issued
to make the work available to the disabled, it may direct the Registrar of
Copyrights to grant to the applicant such a license to publish the work.
(4) Every compulsory license issued under this section shall specify the means
and format of publication, the period during which the compulsory license may
be exercised and, in the case of issue of copies, the number of copies that may
be issued.
Provided that where the Board has issued such a compulsory license, it may on
further application and after giving reasonable opportunity to the owner of the
rights, extend the period of such compulsory license and allow the issue of
more copies as it may deem fit.
(5) The Copyright Board may specify the number of copies that may be published
without payment of royalty and the fix the rate of royalty for the remaining
copies.* The abovementioned amendment is flawed for the following reasons:
i. *Use of special formats:* The exception extends only
to ?specially designed? formats such as Braille and would really benefit only a
part of the disabled community. Those affected by dyslexia, cerebral palsy, low
vision and other physical disabilities and the late blind would require audio,
reading material with large fonts and electronic texts. As these are not
formats specially aimed at a disabled group they?re not included in the
exception. In other words, more than half of India?s disabled would be forced
to pay royalties to merely access the information that is freely available to
those persons who can work with special formats.
This violates the guarantee of equality under Article 14 of the Constitution of
India, since it discriminates between those persons with disabilities who are
able to work with special formats and those for whom the special formats make
no sense. Even otherwise, by failing to institute a meaningful copyright
exception that would enable access to many educational materials by the
disabled, the State has failed in its duty to guarantee a meaningful right to
life guaranteed under Article 21 of the Constitution of India.
ii. *Provision to extend only to organizations primarily
working in the field of disability: *Even upon payment, compulsory licensing of
the copyrighted work is permitted only to those organizations working primarily
for the benefit of the disabled. Not only does this exclude educational
institutions such as Delhi University, Xavier?s College Mumbai, Loyola College,
Chennai and many other universities which have resource centres and courses
especially to cater to the needs of disabled students from carrying on their
activities, but it shuts out the avenue for disabled persons to turn to other
sources of getting accessible information, such as self help groups, voluntary
services run by corporates which undertake such activities as part of their CSR
initiative, as well as all other local groups who are not primarily
disabled-oriented from obtaining a license to the work. It also denies disabled
individuals to directly convert works and access them.
iii. *Delay and loss of crucial time for students:* It is
quite unacceptable that students may have to lose out on academic years due to
the expected waiting period for permissions, which would be followed by a
waiting period for conversion after obtaining permission. At the present this
has already been happening for years. But if the amendment slashes down the
already limited resources by disallowing academic institutions and voluntary
sector from undertaking conversions, then the burden on the organizations would
be too much for them to successfully manage the timely dissemination of
accessible books, resulting in a complete collapse of the system. Waiting
periods, even if for upto two months, would go a long way in slowing down
progress of children.
Rights groups are working together to see what options are available to change
the proposed wording so that it addresses the legitimate concerns of persons
with disabilities.
Best regards,
Rahul Cherian
InclusivePlanet.com
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