Hi Pranesh It certainly is mystifying how anyone would want such a rule, other than those who will profit from the flood of lawsuits and the opportunity to have such lawsuits 'withdrawn' (white-collared blackmailers).
Queries: 1. in sec 31D (1) it mentions literary works already published. The intent seems to be to prevent repurposing of existing works of literature - I can see where some unscrupulous persons may convert known works without acknowledgment, but addressing this problem does not call for a blanket ban. No mention is made of 'remixes' which is a new art form in itself. No mention is made of literary works in the public domain, and what copyright treatment shall be given to an original radio (audio) version. Since, in this day and age, it is almost axiomatic that the work will immediately exist in digital form, it also amounts to 'publishing', yet it is also performance art, about which the section is unclear. 2. Subclause (5) seems to specifically ban remixes, and in particular, live remixing. Blinkered, imho, or else the rule has been drafted by someone with malicious or ignorant intentions. 3. I guess broadcasting is defined elsewhere, otherwise clarity is needed about dissemination in digital form - torrents, live streaming, downloads. Pull streaming, in particular, is very likely to overtake live broadcasting for many audiences, as it already has done in some other regions of the world, for both radio and television (i.e., audio and video). Vickram http://communicall.wordpress.com http://vvcrishna.wordpress.com ----- Original Message ---- > From: Pranesh Prakash <[email protected]> > To: [email protected] > Sent: Mon, 9 August, 2010 1:39:34 > Subject: [cr-india] Radio Broadcasting and the Copyright Amendments > > Dear all, > I was informed today that the Association of Radio Operators for India > (AROI, "the official representative of all FM operators in India") made > a submission to the Rajya Sabha Standing Committee on HRD which is > looking into the proposed copyright amendments. > > I was wondering if anyone from the CR-India community made any > submissions (which were to be made by March 31st). If anyone has any > comments but hasn't made an official submission, please pass them on to > me *as soon as possible* (by which I mean tomorrow). > > The part relating to radio is the newly proposed s.31D: > > 31D. Statutory licence for radio broadcasting of literary and musical > works and sound recordings. > (1) Any broadcasting organisation desirous of communicating to the > public by way of a broadcast or by way of performance of a literary or > musical work and sound recording which has already been published may do > so subject to the provisions of this section. > (2) The broadcasting organisation shall give prior notice, in such > manner as may be prescribed, of its intention to broadcast the work > stating the duration and territorial coverage of the broadcast, and > shall pay to the owner of rights in each work royalties in the manner > and at the rate fixed by the Copyright Board. > (3) In fixing the manner and the rate of royalty under sub-section > (2) the Copyright Board may require the broadcasting organisation to pay > an advance to the owners of rights. > (4) The names of the authors and the principal performers of the > work shall be announced with the broadcast. > (5) No fresh alteration to any literary or musical work, which is > not technically necessary for the purpose of broadcasting, other than > shortening the work for convenience of broadcast, shall be made without > the consent of the owners of rights. > (6) The broadcasting organisation shall — > (a) maintain such records and books of account, and render to > the owner of rights such reports and accounts; and, > (b) allow the owner of rights or his duly authorised agent or > representative to inspect all records and books of account relating to > such broadcast > in such manner as may be prescribed > (7) Nothing in this section shall affect the operation of any > licence issued or any agreement entered into before the commencement of > the Copyright (Amendment) Act, 2010. > > -- > Pranesh Prakash > Programme Manager > Centre for Internet and Society > W: http://cis-india.org | T: +91 80 40926283 > > Join the Community Radio Forum. For membership details, please go to www.crforum.in
