New Indian copyright law aims to improve position of artists

Author: Marjolein van der Heide - 29-05-2012

Upcoming amendments to India's 1957 Copyright Act will strengthen the position of composers, lyricists and other artists, according to the Wall Street Journal, today.

The current Indian law on copyright favors producers above creators of works of art. Famous Indian artists, for example from the Indian Bollywood film industry, have criticised this system and state that many of them live in poverty. The amendments are described as a 'philosophical change' in the law, as they shift the power balance between producers and artists. According to musicians and actors, rights will now be more in balance.

However, the film and music industry in India doubts the amendments will be a step forward.  They fear a lot of litigation on this issue, as the new law creates room for discussion on artists' rights, while in the current system, the relationship between artist and producer is much clearer.  A practical effect of the new law will be that it will be more difficult to produce cover versions of songs, according to Indian music producers. 

Under the current law, artists receive royalties only once, because they have to pass their rights to producers. With the new amendments, producers are no longer allowed to keep 100% of the royalties. They have to share these rights with the creators of the work. Also, radio stations and broadcasters are required to pay royalties every time they broadcast a recording of a song.


The amendments to the Copyright Act passed both Houses of Parliament and will become law as soon as the President gives her approval.

Read more about artists and copyright on FutureOfCopyright.com:

Source: The Wall Street Journal

By: Marjolein van der Heide


Comments(2)

30-05-2012

markp

I wrote this a while ago, but the publishing has never happened in the intended Indian publication. You may enjoy: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1647582

31-05-2012

Future of Copyright

Thanks Mark!

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