In May the Indian government passed the much awaited Copyright (Amendment) Bill, 2012. This bill will benefit lyricists, music composers, artists and other authors of original works, but could spell bad news for producers using such works. The bill has now been notified in the official gazette.
Key provisions
- The original author of any literary, musical, dramatic or artistic work, which has been incorporated in a cinematograph film is considered to be the first owner of the work.
- Authors of literary or musical works (i) incorporated in films, or (ii) sound recordings (which are not part of films) are entitled to receive royalties for exploitation of their work (except during communication about a film in cinema halls), even if they have assigned the copyright in those works, or may not have a performer’s right. These rights cannot be assigned or waived by right holders (except in favour of legal heirs and copyright societies). Any agreement that seeks to assign or waive the above rights will be void.
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The legislative and regulatory update is compiled by Nishith Desai Associates, a Mumbai-based law firm. The authors can be contacted at nishith@nishithdesai.com. Readers should not act on the basis of this information without seeking professional legal advice.
