Library Catalogue
Critical analysis of the statutory licensing provisions introduced under the copyright (amendment) act, 2012
Rukma George
Critical analysis of the statutory licensing provisions introduced under the copyright (amendment) act, 2012 - BangaloreBangalore NLSIU 2014 - 178 p. ; 25 cm.
TABLE OF CONTENTS CERTIFICATE; DECLARATION; ACKNOWLEDGEMENTS; ABSTRACT; ABBREVIATIONS; INDIAN COPYRIGHT LAW TIMELINE; RESEARCH METHODOLOGY; AIMS AND OBJECTIVES -; STATEMENT OF PROBLEM; RESEARCH QUESTIONS; HYPOTHESIS; METHODOLOGY; SCOPE AND LIMITATION -; SOURCES OF DATA; MODE OF CIT A TION; CHAPTERISA TION -; CHAPTER I: INTRODUCTION; 1.1 PRIMER; 1.2 THE JURISPRUDENTIAL BASIS OF COPYRIGHT LAW; 1.3 COPYRIGHT (AMENDMENT) ACT, 2012 vis-A-vIs STATUTORY LICENSING PROVISIONS 7; CHAPTER II: STATUTORY LICENSE FOR COVER VERSIONS- 10; 2.1 TRACING THE GENESIS OF STATUTORY MECHANICAL LICENSES – 11; 2.2 TRANSITION FROM CHAPTER XI To CHAPTER VI – 19; 2.3 PERUSING THE SPATE OF LITIGATIONS UNDER SECTION 52(1)(J) FOR EXPLICA TING SCOPE OF SECTION 31 C – 24; 2.4 CONTESTING THE REQUIREMENT OF CONSENT 35; 2.5 THE NATURE OF RIGHTS VESTED IN THE VERSION RECORDING 38; 2.6 THE TECHNICAL DIFFICULTIES IN READING IN SOUND MIKES AND REMIXES – 42; 2. 7 THE VISIBLE IMBALANCE OF RIGHTS UNDER SECTION AND RULES- 51; CHAPTER III: STATUTORY LICENSE FOR BROADCASTING OF LITERARY AND MUSICAL WORKS AND SOUND RECORDING - S9; 3.1 NEIGHBOURING RIGHTS PROTECTION IN INDIA 61; 3.2 1994 AMENDMENT INTROOUCING NEIGHBOURING RIGHT PROTECTION FOR ."- BROADCASTING ORGANISATION – 62; 3.3 SIGNAL BASED APPROACH IN DEFINING BROADCAST - VERB OR NOUN- 63; 3.4 THE ARRANGEMENT OF SECTIONS 31DANo37 65; 3.5 INHERENT CONFLICTS BETWEEN SECTION 31D AND THE RULES – 67; CHAPTER IV: IMPACT OF THE AMENDMENT ON COPYRIGHT SOCIETIES AND COPYRIGHT BOARD – 77; 4.1 THE FORM, FUNCTION AND CONSTITUTION OF IPRS 77; 4.2 FIRST STEP TOWARDS THE TAKEOVER PROCESS - THE 1993 MoU – 78; 4.3 REGISTRATION OF IPRS: THE CONTRADICTION IN THE ACT AND GOVERNING DOCUMENTS AND THE SUBSEQUENT LAWSUITS – 79; 4.4 THE TAKEOVER OF IPRS BY MUSIC LABELS 83; 4.5 ISSUES ABOUT SHARING OF THE RINGTONE ROYALTIES 84; 4.6 SCRUTINISING THROUGH AMENDMENT AND ITS HARD ATTEMPTS TO UNDO THE MISDEEDS BY THE COPYRIGHT SOCIETIES 85; 4.7 USE OF SONGS FROM FOREIGN REPERTOIRE AND RECIPROCAL ARRANGEMENTS UNDER SECTION; 4.8 EXPENSIVE REGULATION BY THE COPYRIGHT BOARD - A CASE FOR COMBINED READING OF COPYRIGHT ACT WITH COMPETITION LAWS - ; 4.9 STAKEHOLDERS DISPLAYING CARTEL-LIKE BEHAVIOUR -; 4.10 CHALLENGING THE CONSTITUTION OF COPYRIGHT BOARDS- ; CHAPTER V: REINFORCING INDEPENDENCE OF RIGHTS AND EQUITABLE SHARING OF REVENUES – 103; PART A: AUTHORSHIP OWNERSHIP DICHOTOMY IN MUSIC AND FILM INDUSTRY 103 A.l THE CLASSIC DEBATE OF COPYRIGHT LAW SET IN MOTION By THE IPRS CASE; A.2 OUTCOME - MERGER OF UNDERLYING AND DERIVATIVE RIGHTS; A.3 REINFORCING CONCEPT OF INDEPENDENCE OF RIGHTS ; A.4 CLARIFYING CONTRACT OF SERVICE OR CONTRACT FOR SERVICE; A.5 EXTENDING THE RULING IN IPRS CASE TO SOUND RECORDINGS; MATHRUBHUMI PRINTING AND PUBLISHING V. THE INDIAN; PERFORMING RIGHTS SOCIETY; IPRS V. AOITYA PANDEY AND CRI EVENTS; A.6 REJOINDER TOTHE MERGER RATIONALE -; PART B: IMPACT OF AMENDMENT ON THE ROYALTY SHARING SCHEME- 136 B.1 THE JURISPRUDENTIAL SHIFF FROM THE ANGLO-SAXON MODEL TO DROIT D ' AUTEUR 138; B.2 SCHEMING A NEW FORM OF ROYALTY SHARING THROUGH THE 2012 AMENDMENTS -; CHAPTER VI: SOME INCIDENTAL CONSIDERATIONS; 6.1 PERFORMER'S RIGHTS UNDER THE AMENDMENT; 6.2 EMERGENCE OF NEW MEDIUMS OF EXPLOITATION-; 6.3 AMENDMENT: RETROSPECTIVE OR PROSPECTIVE; 6.4 CONSTITUTIONAL CHALLENGES FILED AGAINST THE AMENDMENTS CHAPTER; VII: CONCLUSIONS AND SUGGESTIONS ANNEXURES BIBLIOGRAPHY.
Critical analysis of the statutory licensing provisions introduced under the copyright (amendment) act, 2012 - BangaloreBangalore NLSIU 2014 - 178 p. ; 25 cm.
TABLE OF CONTENTS CERTIFICATE; DECLARATION; ACKNOWLEDGEMENTS; ABSTRACT; ABBREVIATIONS; INDIAN COPYRIGHT LAW TIMELINE; RESEARCH METHODOLOGY; AIMS AND OBJECTIVES -; STATEMENT OF PROBLEM; RESEARCH QUESTIONS; HYPOTHESIS; METHODOLOGY; SCOPE AND LIMITATION -; SOURCES OF DATA; MODE OF CIT A TION; CHAPTERISA TION -; CHAPTER I: INTRODUCTION; 1.1 PRIMER; 1.2 THE JURISPRUDENTIAL BASIS OF COPYRIGHT LAW; 1.3 COPYRIGHT (AMENDMENT) ACT, 2012 vis-A-vIs STATUTORY LICENSING PROVISIONS 7; CHAPTER II: STATUTORY LICENSE FOR COVER VERSIONS- 10; 2.1 TRACING THE GENESIS OF STATUTORY MECHANICAL LICENSES – 11; 2.2 TRANSITION FROM CHAPTER XI To CHAPTER VI – 19; 2.3 PERUSING THE SPATE OF LITIGATIONS UNDER SECTION 52(1)(J) FOR EXPLICA TING SCOPE OF SECTION 31 C – 24; 2.4 CONTESTING THE REQUIREMENT OF CONSENT 35; 2.5 THE NATURE OF RIGHTS VESTED IN THE VERSION RECORDING 38; 2.6 THE TECHNICAL DIFFICULTIES IN READING IN SOUND MIKES AND REMIXES – 42; 2. 7 THE VISIBLE IMBALANCE OF RIGHTS UNDER SECTION AND RULES- 51; CHAPTER III: STATUTORY LICENSE FOR BROADCASTING OF LITERARY AND MUSICAL WORKS AND SOUND RECORDING - S9; 3.1 NEIGHBOURING RIGHTS PROTECTION IN INDIA 61; 3.2 1994 AMENDMENT INTROOUCING NEIGHBOURING RIGHT PROTECTION FOR ."- BROADCASTING ORGANISATION – 62; 3.3 SIGNAL BASED APPROACH IN DEFINING BROADCAST - VERB OR NOUN- 63; 3.4 THE ARRANGEMENT OF SECTIONS 31DANo37 65; 3.5 INHERENT CONFLICTS BETWEEN SECTION 31D AND THE RULES – 67; CHAPTER IV: IMPACT OF THE AMENDMENT ON COPYRIGHT SOCIETIES AND COPYRIGHT BOARD – 77; 4.1 THE FORM, FUNCTION AND CONSTITUTION OF IPRS 77; 4.2 FIRST STEP TOWARDS THE TAKEOVER PROCESS - THE 1993 MoU – 78; 4.3 REGISTRATION OF IPRS: THE CONTRADICTION IN THE ACT AND GOVERNING DOCUMENTS AND THE SUBSEQUENT LAWSUITS – 79; 4.4 THE TAKEOVER OF IPRS BY MUSIC LABELS 83; 4.5 ISSUES ABOUT SHARING OF THE RINGTONE ROYALTIES 84; 4.6 SCRUTINISING THROUGH AMENDMENT AND ITS HARD ATTEMPTS TO UNDO THE MISDEEDS BY THE COPYRIGHT SOCIETIES 85; 4.7 USE OF SONGS FROM FOREIGN REPERTOIRE AND RECIPROCAL ARRANGEMENTS UNDER SECTION; 4.8 EXPENSIVE REGULATION BY THE COPYRIGHT BOARD - A CASE FOR COMBINED READING OF COPYRIGHT ACT WITH COMPETITION LAWS - ; 4.9 STAKEHOLDERS DISPLAYING CARTEL-LIKE BEHAVIOUR -; 4.10 CHALLENGING THE CONSTITUTION OF COPYRIGHT BOARDS- ; CHAPTER V: REINFORCING INDEPENDENCE OF RIGHTS AND EQUITABLE SHARING OF REVENUES – 103; PART A: AUTHORSHIP OWNERSHIP DICHOTOMY IN MUSIC AND FILM INDUSTRY 103 A.l THE CLASSIC DEBATE OF COPYRIGHT LAW SET IN MOTION By THE IPRS CASE; A.2 OUTCOME - MERGER OF UNDERLYING AND DERIVATIVE RIGHTS; A.3 REINFORCING CONCEPT OF INDEPENDENCE OF RIGHTS ; A.4 CLARIFYING CONTRACT OF SERVICE OR CONTRACT FOR SERVICE; A.5 EXTENDING THE RULING IN IPRS CASE TO SOUND RECORDINGS; MATHRUBHUMI PRINTING AND PUBLISHING V. THE INDIAN; PERFORMING RIGHTS SOCIETY; IPRS V. AOITYA PANDEY AND CRI EVENTS; A.6 REJOINDER TOTHE MERGER RATIONALE -; PART B: IMPACT OF AMENDMENT ON THE ROYALTY SHARING SCHEME- 136 B.1 THE JURISPRUDENTIAL SHIFF FROM THE ANGLO-SAXON MODEL TO DROIT D ' AUTEUR 138; B.2 SCHEMING A NEW FORM OF ROYALTY SHARING THROUGH THE 2012 AMENDMENTS -; CHAPTER VI: SOME INCIDENTAL CONSIDERATIONS; 6.1 PERFORMER'S RIGHTS UNDER THE AMENDMENT; 6.2 EMERGENCE OF NEW MEDIUMS OF EXPLOITATION-; 6.3 AMENDMENT: RETROSPECTIVE OR PROSPECTIVE; 6.4 CONSTITUTIONAL CHALLENGES FILED AGAINST THE AMENDMENTS CHAPTER; VII: CONCLUSIONS AND SUGGESTIONS ANNEXURES BIBLIOGRAPHY.