Author: Intern - Vishwa Patel
The Office of the Registrar of Copyrights, in October 2020, invited industry inputs from the Federation of Indian Chambers of Commerce and Industry (FICCI) regarding proposed amendments to the Indian Copyright Act, 1957 (Act). On the 30th December 2020, FICCI released a document providing comments on certain provisions of the Act that need to be amended and recommendations on provisions that are required to be included in the existing Act.
FICCI pointed out that at present there is ambiguity surrounding ownership of the work developed with the help of Artificial Intelligence (AI) and the same should be addressed. Further, FICCI asked the government to come up with a clarificatory amendment to Section 2(d) of the Act [which defines ‘Author’] to resolve the ambiguity related to the concept of ‘authorship’ in terms of work generated with the assistance of an AI algorithm. It also suggested amending Section 13 of the Act [which discusses the concept of ‘originality’] to resolve ambiguities related to the interpretation of ‘originality’ in cases of AI-related works. Further, an amendment to section 17 of the Act was also suggested to clarify the concept of ‘First Ownership’ where AI is involved in the creation of some creative content.
To protect the designers who don’t register their designs under the Designs Act, 2000, FICCI suggested amending Section 15 of the Act and adding of an exception to the rule that copyright in an unregistered design ceases as soon as the article to which the design has been applied, has been reproduced more than fifty times by an industrial process.
The Hon’ble Supreme Court’s decision in the case of Indian Performing Rights Society Ltd. v. Sanjay Dalia and Ors. [(2015) 10 SCC 161], where it was held that if the cause of action of the suit arises in the jurisdiction where the proprietor has their principal place of business, the proprietor must necessarily file a suit in such jurisdiction and not in the jurisdiction where the branch office is situated. In light of this decision of the court an amendment to section 62, clarifying that the term ‘carrying on business’ includes registered as well as the branch office, was suggested.
FICCI also recommended enhancement of the damages especially for second time infringers. Additionally, incorporation of provisions related to establishment of a central authority to deal with Piracy and issue orders to ISPs and other intermediaries to block infringing Pirate websites and deal with Piracy more effectively, was also recommended.
The document can be accessed at: https://ficci.in/Sedocument/20528/FICCI-Recommendation-Proposed-Copyright-Act.pdf
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