New Dehi: The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved the proposal submitted by Department of Industrial Policy and Promotion, Ministry of Commerce and Industry regarding accession to the WIPO Copyright Treaty and WIPO Performers and Phonograms Treaty, which extends coverage of copyright to the Internet and Digital environment.
The approval is a step towards the objective laid in the National Intellectual Property Rights (IPR) Policy adopted by the Government on 12th May 2016 which aims to get value for IPRs through commercialization by providing guidance and support to EPR owners about commercial opportunities of e-commerce through Internet and mobile platforms.
The WCT and the WPPT were negotiated in 1996 to address the challenges posed to the protection of copyrights and related rights by digital technology, particularly with regard to the dissemination of protected material over digital networks such as the Internet. The member countries of the WIPO agreed on the utility of having the Internet treaties in the changed global technical scenario and adopted them by consensus.
WIPO Copyright Treaty came in force on 6th March, 2002 and has been adopted by 96 contracting parties till date and is a special agreement under Berne Convention (for protection of literary and artistic works). It has special provisions to extend the protection of copyrights contained therein to the digital environment and recognises the rights specific to digital environment, of making work available, to address “on-demand” and other interactive modes of access.
WPPT came in force on 20th May, 2002 and has 96 contracting parties as its members. WPPT deals with rights of two kinds of beneficiaries, namely performers and producers of phonograms (sound recordings). It recognises moral rights of performers for the first time and provides exclusive economic rights to them.
Interestingly enough, although India had not acceded to the WCT and WPPT until now, the main object and rationale behind promulgating the Copyright Amendment Act 2012 was to harmonise the provisions of the Indian Copyright Act, 1957 with that of the said WIPO internet treaties; to the extent considered necessary and desirable.
IMI / IFPI lauds the Union Cabinet’s Decision of extending the coverage of copyright to the internet and digital environment
Commenting on this landmark decision, Frances Moore, CEO, IFPI said: “IFPI welcomes this move from the Indian Government. Accession to the WIPO Internet Treaties is excellent news for the protection of Indian music – within India and globally”.
Mr. ShridharSubramaniam, Chairman, IMI says “This move from the government of India is a huge victory for all Indian IPR owners. The provisions to protect copyright in the Digital Environment was much needed. This would enable growth for Indian IP by instilling confidence and spur investments and growth in the creative Industries.”
Mr. Blaise Fernandes, President & CEO, IMI said ” “Kudos to the DIPP for implementing this landmark decision. This resolution will ensure additional investments for music content creation in India as all content from the Indian market will now be protected globally. Additionally monetization of Indian content will get a further boost in the global markets. This is a positive step and we only see this going upwards.”
Mr. Mandar Thakur Chairman of PPL said “We applaud the very progressive steps taken by the Indian Government and the DIPP to approve the accession of India and it’s creative industries into the WCT and WPPT treaties. This is a landmark moment for intellectual property and it’s progression in India”
Mr. Mandar Thakur Chairman of PPL said “We applaud the very progressive steps taken by the Indian Government and the DIPP to approve the accession of India and it’s creative industries into the WCT and WPPT treaties. This is a landmark moment for intellectual property and it’s progression in India”
Commenting on this momentous occasion, Mr. Rajat Kakar President &CEO of PPL said “We are committed to professional collective management of rights for our Member Record Labels and this progressive decision by the Indian Government under the stewardship of the Department of Industrial Policy & Promotion (DIPP) is a welcome move and enhances the economic value of the members copyrights in Sound Recording”
Benefits:
Meeting the demand of the copyright industries, these treaties will help India:
- To enable creative right-holders enjoy the fruit of their labour, through international copyright system that can be used to secure a return on the investment made in producing and distributing creative works;
- To facilitate international protection of domestic rights holder by providing them level-playing field in other countries as India already extends protection to foreign works through the International Copyright order and these treaties will enable Indian right holders to get reciprocal protection abroad;
- To instil confidence and distribute creative works in digital environment with return on investment; and
- To spur business growth and contribute to the development of a vibrant creative economy and cultural landscape.
