“82. Nature of communication by the Copyright Office, etc. – Any written notice from the Board, the Copyright Office or the Copyright Registry shall be deemed to have been duly given to a person if such notice is sent electronically or by registered mail to that person`s known address.” The new provision focuses on the use of electronic and traceable payment methods for the collection and distribution of fees to ensure accountability and transparency. The amendments are harmonized with the 2017 Finance Act. In addition, in the case of undistributed royalties, at the end of the three fiscal years in which the royalty was collected, the royalty is transferred to the Copyright Society`s Welfare Fund. These societies are required to take steps to locate authors/owners and to publish on their website information about the title of the work, the names of authors/owners and other relevant information identifying the rights holder. They are also required to publish their tariff rules. The Department of Trade and Industry has passed the Copyright (Amendment) Regulations 2021, which will come into force on March 30, 2021. The above rules amend the 2013 copyright rules. This publication contains the text of 17 U.S.C., including any amendments passed by Congress as of December 27, 2020. It incorporates the Copyright Act 1976 and any subsequent amendments to the Copyright Act; the Semiconductor Chip Protection Act of 1984, as amended; and the Hull Design Protection Act, as amended. The Copyright Office is responsible for registering intellectual property claims under these three criteria. The Government of India notified the Copyright (Amendment) Rules 2021 by notification of the Gazette under reference G.S.R.
225(E) dated March 30, 2021. In India, the copyright regime is governed by the Copyright Act, 1957 and the Copyright Rules of 2013. The 2013 copyright rules were last amended in 2016. The main changes brought about by the amendment are as follows: 5. New provisions have been introduced to regulate undistributed royalties and the use of electronic and traceable payment methods in the collection and distribution of royalties. In India, the copyright regime is governed by the Copyright Act, 1957 and regulated by the Copyright Rules, 2013. The Ministry of Human Resources and Development announced its decision on 14 May. March 2013 announced the 2013 copyright provisions.
Two years ago, in 2019, a proposed amendment was published for public comment. On March 30, 2021, the Government of India notified the Copyright (Amendment) Rules 2021 by notification to the Official Gazette. Prior to this change, the 2013 copyright rules were last amended in 2016. The rules encourage electronic communications. It stipulates that any written communication from the Board, the Copyright Office or the Copyright Registry must be sent electronically or by registered mail. It is important to note that registered mail is still acceptable as a means of communication. In addition, Rule 7(1) provides that a copy of the application referred to in Rule 6, together with the documents cited, shall be notified to the copyright owner by electronic means or by registered mail. This regulatory change is part of the context of technological advances in the digital age. copyright.gov.in/Documents/Notification/Copyright-Rules_Amendment_2021.pdf According to the amendment, the Copyright Registrar must accept or reject an application for registration of a copyright society within “one hundred and eighty days” from the date of receipt of the application. The deadline was extended from 60 days to 180 days. This provision provides for additional time for careful consideration of the application and also imposes self-responsibility on the central government.
(6) If the royalty is not paid three years after the end of the financial year in which the royalty was collected, it shall be transferred to the Collecting Society Contingency Fund. (5) If the royalty cannot be distributed within a quarterly period because the authors/owners are not identified or located, collecting societies are obliged to record the unpaid royalties separately in their accounts. The Copyright (Amendment) Regulations 2021 also removed aspects such as the procedure for the tender notice and how to investigate the importation of counterfeit copies. Even the second schedule will be cancelled. The rules of change go hand in hand with technical progress. It will have a positive impact on the digital age and ensure transparency and accountability. However, only the passage of time will give us a clear position on the transparency and accountability introduced into the copyright regime by the Copyright (Amendment) Rules 2021. The amendments were introduced with the aim of aligning the existing rules with other relevant legislation.
It aims to ensure smooth and error-free compliance in light of technological advances in the digital age by introducing electronic means as the primary means of communication and by working at the Copyright Office. A new provision on the publication of a periodical protected by copyright has been introduced, abolishing the obligation to publish in the Official Journal. The journal would be available on the website of the Copyright Office. (12) The copyright society shall take all necessary steps to identify and locate authors and other owners and shall publish the following information on its website at the end of each quarter: (a) the title of the work; (b) the name of the author and other rightholders of the work, if any; and (c) any other relevant information available that could assist in identifying the right holder. 2. Where a question is the subject of payment of a fee in accordance with the Regulation, form or application, or on application on request, it shall be accompanied by the prescribed fee. The main objective of the amendment is to ensure accountability and transparency. It covers, inter alia, the use of electronic and traceable payment methods, the distribution of royalties, undistributed royalties and the annual transparency report of copyright societies.
Extension of the deadline to link the Aadhaar number to the NAP from 31 March 2021 to 30 June 2021 Involvement: This will help increase the transparency of the work of copyright societies. The amendments were introduced with the aim of aligning the existing rules with other relevant legislation. The president and other members of the board of directors of a copyright society may be re-elected at the end of their 2-year term. `3. With regard to the collection of royalties in accordance with paragraph 1 and the distribution of royalties in accordance with paragraph 2 of this Article, the copyright society shall establish an electronic payment system and a system for tracing such payments.` Notification of Copyright Amendment Rules, 2021 [NOTIFICATION NOTIFIED TO THE OFFICIAL JOURNAL UNDER REFERENCE G.S.R. 225(E) OF MARCH 30, 2021] The amendments harmonized copyright rules with the provisions of the Finance Act 2017, with the Copyright Board merging with the Appeal Board. “83. Fees. – (1) The fees payable for applications or other matters under the law and rules are set out in the second table. Implication: The amendments harmonized copyright provisions with the provisions of the 2017 Finance Act.
The Courts Reforms (Rationalisation and Conditions of Employment) (Regulation) Order 2021 was notified and entered into force on 5 April 2021. The Regulation creates different courts based on different laws, including the Intellectual Property Appellate Body (IPAB), and makes consequential amendments to intellectual property law, namely trademarks, copyrights, patents and geographical indications. Although amendments have been made to a large extent to all intellectual property laws to replace a reference to IPAB with a reference to the High Court, we have focused on amendments to the Copyright Act 1957 (the Act) that include a reference to a Supreme Court or Commercial Court: (4) Copyright societies are required to: establish a system for the payment of royalties by electronic means and implement a system for the traceability of such payments. 8. The annual transparency report for each financial year shall be drawn up and published by the copyright bodies within 6 months of the end of the financial year concerned. The report should include information on the activities of copyright societies, the number of license refusals, information on the total royalties collected, etc. The time limit for the Copyright Registrar to accept or reject a copyright society`s application for registration has been reduced from 60 days to 180 days. It should be noted that two important recent developments have taken place with regard to intellectual property legislation, a brief summary of which is given below: In order to promote accountability and transparency, new provisions have been introduced concerning undistributed royalties and the use of electronic and traceable payment methods in the collection and distribution of royalties.