Professional Documents
Culture Documents
BY
JUSTICE M. JAGANNADHA RAO
However, intellectual
The long-term
The Report of the Australian Copyright Council pointed out that the
main reason for infringement in Australia was the lack of resources and
expertise in this area. Further, even when prosecutions succeed, meager
fines are imposed such as $500 for piracy where 1000 CDs were seized in an
offer to supply 20,000 CDs. In another case of 32 counts, the fine was $200.
The Music Industry Piracy Investigation and Motion Pictures Association
recommended that a Committee consisting of enforcement officials and the
industry be set up to co-ordinate intelligentsia. In 1997, the Australian
Federal Police (AFP) proposed the establishment of a committee consisting
of representatives from the intellectual property industries, the AFP and
Customs Department.
(2)
2000 can be strengthened to promote e-commerce and egovernance and new offences can be added in that Act also.
(3)
(4)
(5)
(6)
The
(b)
(9)
It is proposed to deal with (A) Identity Theft which inhibits ecommerce as it involves fraudulent use of any individuals
personal identifying information, such as his social security
number, bank account
I shall finally refer to the development needs of developing and poor
disadvantages from IPRs and has the economic strength and established
legal mechanism to overcome problems.
10
But the
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Countries
should also not follow the lead of the US and the EU by implementing
legislation on the lines of the DMCA or the Database Directive.
With every discussion and Seminar on Copyright laws one is
constantly reminded of, to modify the known adage, the little known and
the vast unknown. That perhaps underscores the need to regularly hold such
seminars and engage ourselves in meeting the challenges that this vast and
changing field poses.
I once again thank all of you and the organizers in particular for the
opportunity to address this seminar.
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dealing, adequacy of law and need for change and need for specialized
Courts/Tribunals.
The motivation behind the organization of these Seminars with the support
of the Ministry of HRD, Government of India, New Delhi has been wellstated as follows in the brochure of the seminar as follows:
The advent of science and technology has resulted in creation of new
kinds of IP and also new species of works that can be protected under
the Copyright Law. At the same time, the technological advances
have also made the protection of Copyright difficult, if not impossible,
as it is now possible to copy, replicate and transfer the information in
any copyrighted work, without any punishment from the author/owner
of such works. The international as well as national legal regimes are
being overhauled, updated and modified to meet these challenges. In
spite of strong IP regimes, there have been complaints about the largescale infringement of copyrighted works in various forms mostly due
to the digital technology. Various sections of the society suffer due to
ineffective protection of copyright including authors, publishers,
musicians, photographers, information technology companies, film
industry and performers. The players involved in copyright protection
are corporate sector, authors and owners etc. of copyrighted works,
the copyright authorities and the law enforcement machinery
including police, lawyers and Courts.
I was speaking two years ago in Delhi in a Seminar organized by the Faculty
of Law, Delhi University and made the following concluding remarks about
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Section 53
refers to administrative remedies. As you are all probably aware, India has
not yet become party to the WIPO Copyright Treaty 1996 and WIPO
Performer and Programmes Treaty 1996, though some countries have
amended their laws to implement these treaties. The US has passed the
Digital Millennium Act, 1998.
There is a great deal that has been discussed in seminars and written in
various published articles and books about the defects in the Copyright Act,
1957. For example, it has been suggested that sec. 2(ff), be amended to
include internet, sec. 2(ffc) be amended to include web pages, sec. 2(hh)
be amended to include Compact disc writers, floppy drives and electronic
copying. It is said that the liability of intermediate service providers (ISP)
be specifically stated instead of the general exemption given in the
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doctrine, should there be a norm set as to what is the fair percentage of use?
In regard to digital technology, questions have arisen whether a limit granted
by the copyright holder in favour of another to publish the same in printmedia, will include making the work available on-line? If idea is not
copyrightable to what extent is the expression copyrightable? What other
provisions require to be made in respect of broadcasting, satellite
transmission, cable transmission, databases, distribution rights, fixation
rights, reproduction rights?
18
However, intellectual
The long-term
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was chaired by Prof. John Barton of Stanford University and its members
included Prof. R. Mashelkar, DG, CSIR and other experts. The members
visited developed countries as well as countries in Africa and Asia. The
Commission submitted its Report on Integrating Intellectual Property
Rights and Development Policy in September 2002. In the foreword of the
said Report, it is stated that while developing countries want more IPRs for
good business, the developing world believes that IPRs are likely to cripple
the development of local industry and technology and will harm local
population and benefit more except the developed world and TRIPs has
increased inequalities.
disadvantages from IPRs and has the economic strength and established
legal mechanism to overcome problems.
22
But the
23
24
Countries
should also not follow the lead of the US and the EU by implementing
legislation on the lines of the DMCA or the Database Directive.
With every discussion and Seminar on Copyright laws one is
constantly reminded of, to modify the known adage, the little known
and the vast unknown. That perhaps underscores the need to
regularly hold such seminars and engage ourselves in meeting the
challenges that this vast and changing field poses.
I once again thank all of you and the organizers in particular for the
opportunity to address this seminar.
25
26
dealing, adequacy of law and need for change and need for specialized
Courts/Tribunals.
The motivation behind the organization of these Seminars with the
support of the Ministry of HRD, Government of India, New Delhi has been
well stated as follows in the brochure of the seminar as follows:
The advent of science and technology has resulted in creation of new
kinds of IP and also new species of works that can be protected under
the Copyright Law. At the same time, the technological advances
have also made the protection of Copyright difficult, if not impossible,
as it is now possible to copy, replicate and transfer the information in
any copyrighted work, without any punishment from the author/owner
of such works. The international as well as national legal regimes are
being overhauled, updated and modified to meet these challenges. In
spite of strong IP regimes, there have been complaints about the large
scale infringement of copyrighted works in various forms mostly due
to the digital technology. Various sections of the society suffer due to
ineffective protection of copyright including authors, publishers,
musicians, photographers, information technology companies, film
industry and performers. The players involved in copyright protection
are corporate sector, authors and owners etc. of copyrighted works,
the copyright authorities and the law enforcement machinery
including police, lawyers and Courts.
I was speaking two years ago in Delhi in a Seminar organized by the
Faculty of Law, Delhi University about two years ago and made the
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disobeys the directions of the former or what should be the remedy of the
latter if the directions to the service provider is false. There is no provision
dealing with new issues of territorial jurisdiction for the internet is faceless
and borderless. Should sec. 13 be amended to include compilation of any
form? Regarding fair use doctrine, should there be a norm set as to what
is the fair percentage of use? In regard to digital technology, questions have
arisen whether a limit granted by the copyright holder in favour of another to
publish the same in print-media, will include making the work available online?
satellite
transmission,
cable
transmission,
databases,
This Australian
Copyright Council has stated that the level of copyright infringement and
commercial piracy in Australia are of concern and that Government policy
and resources must be directed towards reducing these levels. It pointed out
that there was a perception in the law enforcement agencies that copyright
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32
disadvantages from IPRs and has the economic strength and established
legal mechanism to overcome problems.
33
But the
34
35
Countries
should also not follow the lead of the US and the EU by implementing
legislation on the lines of the DMCA or the Database Directive.