Copyright Coverage to Internet & Digital Environment

WIPO Copyright Treaty, 1996 and WIPO Performance and Phonograms Treaty, 1996 accession, which extends coverage of copyright to the internet and digital environment, has been approved by the Union Cabinet chaired by Prime Minister Narendra Modi on July 4, 2018. These World Intellectual Property Organisation (WIPO) treaties provide a framework for creators and right owners to use technical tools to protect their works and safeguard information about their use i.e. Protection of Technological Protection Measures (TPMs) and Rights Management Information (RMI). The approval will strengthen National Intellectual Property Rights (IPR) Policy as it is a step towards the objective laid in the IPR Policy adopted by the Government on May 12, 2016, which aims to get value for IPRs through commercialisation by providing guidance and support to EPR owners about commercial opportunities of e-commerce through Internet and mobile platforms.

WIPO Copyright Treaty came in force on March 6, 2002, has been adopted by 96 contracting parties till date:

• It is A Special agreement under Berne Convention (for protection of literary and artistic works).
• It has provisions to extend the protection of copyrights contained therein to the digital environment.
• It recognises the rights specific to digital environment, of making work available, to address “on-demand” and other interactive modes of access.

WIPO Performances and Phonograms Treaty (WPPT), which came in force on May 20, 2002, has 96 contracting parties as its members and  deals with the rights of two kinds of beneficiaries, particularly in the digital environment:

• Performers: actors, singers, musicians, etc.; and
• Producers of phonograms: persons or legal entities that take the initiative and have the responsibility for the fixation of sounds.
• These rights are addressed in the same instrument, because most of the rights granted by the Treaty to performers are rights connected to their fixed, purely aural performances,which are the subject matter of phonograms.
• Treaty empowers right owners in their negotiations with new digital platforms and distributors. It recognizes moral rights of the performers for the first time & provides exclusive economic rights to them.

Department of Industrial Policy and Promotion, Ministry of Commerce and Industry had submitted the proposal regarding accession to the WIPO Copyright Treaty and WPPT to meet the demand of the copyright industries, these treaties will benefit:

• To enable creative right-holders enjoy the fruit of their labour, through international copyright system that can be used to secure a return on the investment made in producing and distributing creative works;
• To facilitate international protection of domestic rights holder by providing them level-playing field in other countries as India already extends protection to foreign works through the International Copyright order and these treaties will enable Indian right holders to get reciprocal protection abroad;
• To instil confidence and distribute creative works in digital environment with return on investment; and
• To spur business growth and contribute to the development of a vibrant creative economy and cultural landscape.

Copyright Act, 1957:

After the administration of Copyright Act 1957 was transferred to DIPP in March 2016, a study was initiated to examine compatibility of Copyright Act 1957 with WCT and WPPT. Also a joint study was undertaken with WIPO.

The Copyright Act, 1957 was amended in 2012 to bring it in conformity, with WCT and WPPT, includes amendment in definition of “Communication to the public” to make it applicable to digital environment (Section 2(ff)) as also introduced provisions related to Technological • Protection Measures (Section 65A) & Rights Management Information (Section 65B); Moral rights of performers (Section 38B); Exclusive rights of the performers (Section 38A); safe harbour provisions over electronic medium (Section 52 (1) (b) and (c)),