Dear friends,
Posting to mail from Kajal below FOSSCOM list as the issue is not merely one
of piracy of films and film music, but a much larger one invasion of
privacy, criminalising fair use, restricting rights of the people to be
creative and most dangerously, forcing "piracy" enforcement on Internet
Service providers and against the interests of the users.
Kajal is quite right, as a community we need to be part of this debate.
Otherwise, ACTA will come to India via film producers lobby.
Prabir
---------- Forwarded message ----------
Kajal Bhardwaj
Date: 27 October 2010 20:53
Subject: Committee on Piracy
I think the copy-left and open source people have to think of serious
advocacy strategies with the government. They are only getting lobbying from
one side of this IP battle. We know from the medicines battle that once the
other side starts speaking, the story gets complicated for the government
and these sort of recommendations become extremely difficult for these sor
of one-sided committees to make. On the preventive detention bit, civil
rights groups should be briefed and informed of these moves by the
government and Bollywood. Please note the judicial sensitisation is again a
recommendation.
--------
*Committee on piracy submits its report to Smt. Ambika Soni*
------------------------------
*Delhi , August 31,2010 18:34 IST * *
The Committee on Piracy set up in pursuance of the decision arrived at in
the 27th State Information Ministers’ Conference held in December, 2009;
today submitted its report to Minister for Information & Broadcasting, Smt.
Ambika Soni. The report was submitted by Shri Uday Kumar Varma, Special
Secretary and Chairperson of the Committee on Piracy.
The Committee in its report has made key recommendations, viewing the
problem of piracy through the parameters of demand and supply. In its
recommendations, the Committee has focused on mainstreaming instruments of
policy and practice in an effort to make piracy substantially risky and
financially unattractive. The key recommendations of the Committee are as
follows:
· In order to plug piracy from the cinema halls during screening of
films, the responsibility should be cast on the theatre/multiplex operators
to ensure that viewers do not carry a cam-cording device inside the
theatre. The Committee has felt that this be made a condition of the
license being granted to theatres and multiplexes by the district
authorities.
· In the Committee’s considered view, the content creators, rights
holders, distributors, optical disc manufacturers and theatre/multiplex
operators need to come together and come up with cost effective solutions,
inter-alia, converting traditional theatres in smaller towns into digital
theatres and releasing genuine DVDs etc in bigger cities simultaneously with
theatrical release in order to make piracy unviable.
· The Committee has also recommended amendments in the Cable
Television Networks Act in order to replace the existing system of
registration of cable operators with the licensing system.
· It has taken note of recent industry initiatives like setting up
‘”Alliance against Copyright Theft (AACT)”, the Committee recommends that
such initiatives, if multiplied and intensified, will supplement other
efforts to curb piracy.
· The Committee has also recommended that the Internet Service
Providers should be roped in to check Internet piracy by asking them to
initiate action against errant subscribers. In this regard, the Committee
recommends that the three stage strike model may be adopted.
· Regarding State Governments, the Committee has recommended that
they may enact legislations so as to provide for preventive detention of
video & audio pirates as had been done in some States like Tamil Nadu and
Maharashtra. Video pirates may also be brought under the definition of the
‘Goondas’ under the Goonda Act.
· In order to make Films Entertainment more accessible, the
Committee has suggested that the price of legitimate Optical Discs need to
be brought down in order to make filmed entertainment accessible to the
people at a price that they can afford. Further, measures need to be
undertaken to ensure high fidelity in genuine DVDs so as to dissuade the
public from buying pirated versions. It has further stated that the steps
need to be taken by DVD manufacturers along with rights holders and content
distributors to ensure that there is no compromise with the quality of
genuine DVDs sold and that the viewer is not short-changed.
· In order to buttress the supply side, the Committee in its
report has recommended that traditional 35 mm screens should be converted
into digital ones so as to facilitate simultaneous release of films across
the country as also reduce distribution costs. Digitalization of screens,
which have already taken roots in the country with the setting up of almost
3000 such screens, need to be given impetus.
· To enhance, sensitization of police, judicial and
administrative officials about the Copyright Act, the Committee has felt
that their efforts need to be substantially up-scaled along-with training
and capacity building. This would enable these officials to curb violations
which have resulted in rampant piracy.
· The Committee also recommends that the option of allowing
copyright owners to register with the Copyright Office online should be
explored. Alternatively, “censor” certificate granted by CBFC should be
treated as evidence of copyright.
The idea to set up a committee to suggest measures to combat various
forms of piracy, namely, films, video, cable and music piracy emerged during
the 27th State Information Ministers’ Conference held in New Delhi on
5thDecember, 2009 which was attended by, among others, Information
Ministers of
various State Governments as well as representatives of the film industry.
The Honourable Minister of Information and Broadcasting, Smt. Ambika Soni,
appreciating that piracy is one of the biggest challenges to the integrity
of the film and broadcasting industry, immediately set up a broad based
committee comprising representatives from film and broadcasting industry.
The Committee was set up on 18th December, 2010 with the mandate to
recommend measures to combat film, video, cable and music piracy. The
Constitution of the Committee was as under:
i) Shri Uday Kumar Varma, Special Secretary, :
Chairperson
Ministry of Information & Broadcasting
ii) Shri Yash Chopra, Eminent Film Producer :
Member
iii) Shri Manmohan Shetty, President,
Film & Television Producers’ Guild of
India : Member
iv) Shri G. Adisheshagiri Rao, Former
President,
FFI : Member
v) Shri Jawahar Goel, President, Indian
Broadcasting Federation
: Member
vi) Shri Prashant Pandey, Member, Association
of Radio Operators’ of
India : Member
vii) Director (BC), Ministry of
I&B : Member
viii) Director (Films), Ministry of
I&B : Member Secretary
CP/JN
*
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