Re: [cr-india] 'Copyright Bill cleared after differences on statutory licensing ironed out'

[Pranesh Prakash]

Dear Sajan and all,
If the report below is true, then there is much reason to celebrate.

Under the statutory licensing system, the Copyright Board will decide
the rate to be paid.  The HCs in Delhi, Bombay, and Kerala have decided
that this need not be paid for musical works and for literary works
(lyrics), but only for sound recordings.  The Supreme Court has yet to
rule conclusively on whether radio broadcasters are exploiting only
sound recording rights or are exploiting the rights in musical works and
lyrics as well.

This Copyright Amendment Bill also brings in greater accountability for
the collective rights management societies.

Regards,
Pranesh

sajan venniyoor [2012-05-14 16:05]:
> According to the story (below), "under statutory licensing, the royalty or
> remuneration for the author or creator is specified by law or such set
> negotiation", adding that "the bill allows for charging different rates
> depending on the use."
> 
> So, assuming IPRS is out of the equation (or is it?), who sets the rates
> depending on the use? PPL or the Copyright Board? These are deep waters.
> 
> Sajan
> 
> 
> Copyright Bill cleared after differences on statutory licensing ironed
> out
> RadioandMusic, 11 May 12
> 
> NEW DELHI: The controversial Copyright Amendment Bill which had been
> deferred earlier because of differences between the Information and
> Broadcasting and Human Resource Development Ministries has finally been
> cleared by the Union Cabinet.
> 
> It is understood that the two Ministries in their ‘fine tuning’ exercise
> have agreed to restore the provision of statutory licensing as proposed
> earlier in 2010.
> 
> The amendments to the Copyright Act 1958, aim at according unassignable
> rights to 'creative artists' such as lyricists, playback singers, music
> directors, film directors, dialogue writers who will be paid royalty every
> time the movie they have worked in is aired on a television channel.
> 
> A statutory licence is an exception under Copyright Act. It puts limits on
> the basic principle of the copyright law, that authors and creators should
> have the exclusive right to control the dissemination of their work. Under
> statutory licensing, the royalty or remuneration for the author or creator
> is specified by law or such set negotiation.
> 
> With the bill getting clearance, the statutory licensing clause will not
> specify users allowing for television and new media broadcasters as well as
> radio broadcasters to be benefited.
> 
> However, the bill allows for charging different rates depending on the use.
> 
> The legislation had been opposed in Parliament in its last session,
> particularly the clause for statutory licensing for radio broadcast of
> literary and musical works.
> 
> Radio operators had also protested the move by the HRD Ministry to
> significantly alter an earlier version of the Copyright Amendment Bill 2010.
> 
> Association of Radio Operators for India (AROI) president Anurradha Prasad
> has written to I and B Minister Ambika Soni pointing out the adverse impact
> of a proposed change in the Bill by the HRD Ministry from the previous
> versions.
> 
> Ms Prasad had told radioandmusic.com that the version of the Bill that was
> tabled in Parliament late last year mandates statutory licensing of music
> by a body called Copyright Board, at rates prescribed by that agency. Now
> there is a proposal to delete the statutory licensing clause.
> 
> "Absence of such a regulation would mean that there would be too many
> bodies and companies demanding different royalty rates and representing
> different rights. Statutory licensing makes it easier for both radio
> companies to pay royalty and for music companies to collect royalty. This
> in fact is the only practical way as otherwise rate disputes and rights
> disputes would hamper growth of  both radio and music industries," Prasad
> said in her letter to Soni.
> 
> Prasad said the distribution of royalty between various music right owners
> was best managed by the Copyright Board as per laws and regulations
> existing from time to time. "The scenario desired is one collection and
> distribution agency governed by Copyright Board to whom radio can pay
> royalty and obtain statutory license, '' she said.
> 
> http://www.radioandmusic.com/content/editorial/news/copyright-bill-cleared-after-differences-statutory-licensing-ironed-out#story
> 
> 
> 
> 
> Join the Community Radio Forum. For membership details, please go to 
> www.crforum.in

-- 
Pranesh Prakash  · Programme Manager · Centre for Internet and Society
@pranesh_prakash · PGP ID 0x1D5C5F07 · http://cis-india.org



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[cr-india] 'Copyright Bill cleared after differences on statutory licensing ironed out'

[sajan venniyoor]

According to the story (below), "under statutory licensing, the royalty or
remuneration for the author or creator is specified by law or such set
negotiation", adding that "the bill allows for charging different rates
depending on the use."

So, assuming IPRS is out of the equation (or is it?), who sets the rates
depending on the use? PPL or the Copyright Board? These are deep waters.

Sajan


Copyright Bill cleared after differences on statutory licensing ironed
out
RadioandMusic, 11 May 12

NEW DELHI: The controversial Copyright Amendment Bill which had been
deferred earlier because of differences between the Information and
Broadcasting and Human Resource Development Ministries has finally been
cleared by the Union Cabinet.

It is understood that the two Ministries in their ‘fine tuning’ exercise
have agreed to restore the provision of statutory licensing as proposed
earlier in 2010.

The amendments to the Copyright Act 1958, aim at according unassignable
rights to 'creative artists' such as lyricists, playback singers, music
directors, film directors, dialogue writers who will be paid royalty every
time the movie they have worked in is aired on a television channel.

A statutory licence is an exception under Copyright Act. It puts limits on
the basic principle of the copyright law, that authors and creators should
have the exclusive right to control the dissemination of their work. Under
statutory licensing, the royalty or remuneration for the author or creator
is specified by law or such set negotiation.

With the bill getting clearance, the statutory licensing clause will not
specify users allowing for television and new media broadcasters as well as
radio broadcasters to be benefited.

However, the bill allows for charging different rates depending on the use.

The legislation had been opposed in Parliament in its last session,
particularly the clause for statutory licensing for radio broadcast of
literary and musical works.

Radio operators had also protested the move by the HRD Ministry to
significantly alter an earlier version of the Copyright Amendment Bill 2010.

Association of Radio Operators for India (AROI) president Anurradha Prasad
has written to I and B Minister Ambika Soni pointing out the adverse impact
of a proposed change in the Bill by the HRD Ministry from the previous
versions.

Ms Prasad had told radioandmusic.com that the version of the Bill that was
tabled in Parliament late last year mandates statutory licensing of music
by a body called Copyright Board, at rates prescribed by that agency. Now
there is a proposal to delete the statutory licensing clause.

"Absence of such a regulation would mean that there would be too many
bodies and companies demanding different royalty rates and representing
different rights. Statutory licensing makes it easier for both radio
companies to pay royalty and for music companies to collect royalty. This
in fact is the only practical way as otherwise rate disputes and rights
disputes would hamper growth of  both radio and music industries," Prasad
said in her letter to Soni.

Prasad said the distribution of royalty between various music right owners
was best managed by the Copyright Board as per laws and regulations
existing from time to time. "The scenario desired is one collection and
distribution agency governed by Copyright Board to whom radio can pay
royalty and obtain statutory license, '' she said.

http://www.radioandmusic.com/content/editorial/news/copyright-bill-cleared-after-differences-statutory-licensing-ironed-out#story
Join the Community Radio Forum. For membership details, please go to 
www.crforum.in