On 19 April, the government put forward to the Rajya Sabha, the upper house of parliament, a number of proposals in the Copyright Amendment Bill, 2010. One of these measures is intended to empower creative artists.
Under the Copyright Act, 1957, which is currently in force, the copyright of musical and lyrical works is held by the producer of the cinematographic film, unless a contract has been signed to say otherwise.
As a result, the creative artists of these works rarely have the bargaining power to negotiate a reasonable royalty. The new bill aims to change this position, giving more power to the authors of works.
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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.