000			04156nam a2200193Ia 4500
003			OSt
005			20240528211553.0
008			180710s2014 xx 000 0 und d
040			_cnls
100			_aRukma George
245			_aCritical Analysis of the Statutory Licensing Provisions Introduced under the Copyright (Amendment) Act, 2012
260			_aBangalore _bNLSIU _c2014
300			_a178p
505			_aTABLE 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.
520			_aStatutory Licensing Provision - Copyright Act, 2012 _aCopyright Law - India _aIndependence of Rights
700			_aProf. (Dr.) T Ramakrishna - Guide
856			_uhttp://opac.nls.ac.in:8081/xmlui/handle/123456789/1772
942			_2ddc _cDIS
999			_c111427 _d111427