Highlights of the Copyright Bill, 2010

New Delhi: The Copyright (Amendment) Bill, 2010, which seeks to protect owners of literary or musical works, has been passed by the Rajya Sabha and will be presented to the Lok Sabha before it becomes law, much to the delight of singers, writers and composers.

The bill, which is to provide exclusive and moral rights to performers in conformity with the World Intellectual Property Organisation's (WIPO) Copyright Treaty and performances and phonograms treaty, has divided much of the showbiz world.

The bill amends the Copyright Act, 1957, and makes special provisions for those whose work is used in films or sound recordings (lyricists or composers, for instance). Rights to royalties from such works, when used in media other than films or sound recordings, shall rest with the creator and can only be assigned to heirs or copyright societies which act in their interests.

The bill amends the Copyright Act, 1957, and makes special provisions for those whose work is used in films.

The bill is to give authors, or their representatives, the right to claim damages against use of their work (while under copyright).

The new royalty, experts say, would be: 50 percent for music label; 25 percent for producer and 25 percent to be split between the lyricist and the composer. Currently, 100 percent goes to the music label.

Some of the highlights of the bill are:

1. Amends the Copyright Act, 1957.

2. Expands definition of copyright to protect owners of literary or musical works.

3. Also protects performers and allows them to make sound or visual recordings of their performances and reproducing them in any medium.

4. Copyright of a film currently rests with the producer for 60 years. The bill extends copyright to a director as well, but for 70 years.

5. Makes special provisions for those whose work is used in films or sound recordings (e.g. lyricists or composers).

6. Allows for the production of copyrighted work in special formats (such as Braille), for use by persons with disability, without infringing copyright.