Transfer Pricing Associates

India’s Copyright Law Reforms

post Monday June 4, 2012

copyright india


India’s Parliament passed a bill last week to reform the country’s 1957 Copyright Act. The main adjustments are discussed below.


The 2012 Copyright Bill aims to extend the protection of copyrighted works in the digital environment. The bill does not include legalization of the parallel trade of copyrighted works, but does include:

-  Civil remedies for infringements of circumvention of technological protection measures in digital works,

-  Gives exclusive rights to performers, introduces exemptions for the visually impaired,

-  Strengthens the rights of authors to receive remuneration,

-  Deals with liability of internet service providers for copyright infringement and introduces safe harbor provision; and

- Requires copyright societies to publish their tariff schemes.

Lawyers’ opinions:

“The safe harbor provisions in the new law are structurally similar to those in the US Digital Millennium Copyright Act” Ameet Datta of Luthra & Luthra said, but intermediaries in India have been given less time to take down infringing material if they want to be protected by the safe harbor regulation. The new law attempts to redress the balance of power in contract negotiations between artists and record companies. Now artists will have a better claim to royalties.


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