Saturday, 21 July 2012

Copyright (Amendment) Act 2012 - A welcome change


India has a rich musical heritage, be it classical, devotional or popular music. The popular music industry is influential to such an extent that it sometimes determines the success of a film or a label. Traditionally, singers and musicians are hired by record companies, film producers and the music director for a fixed amount. Even if a song is a hit, the singer had to be content with whatever had been agreed to. The  music business, unlike the large Hindi film industry does not share its  profits with actors, directors or producers.

Hence, there was a need for amending the existing copyright law, which was different from other countries. The amended act provides more avenues and the prospect of profit sharing to singers and musicians of all genres, primarily popular ones. This has been done to ensure that those who are responsible for generating revenues from hit songs are paid their due. The series of amendments which aim at updating existing laws on line with the World Intellectual Property Organisation (WIPO) can have widespread  implications on how royalty rates are decided, shared and distributed among producers and singers.

The Copyright (Amendment) Act, 2012 awaits the sanction of the President of India to become law. It has already been passed by the lower house of the Parliament. It also specifies that any work of a producer of a radio or TV programme will be subject to royalty  if it is broadcast. Robin Gibb, the co-founder of the band, ‘Bee Gees’, who died recently had recommended a change in the existing copyright laws as they were different and discriminatory from the laws prevalent in the rest of the world. He was the president of the International Confederation of Societies of Composers and Singers. Union HRD Minister  Kapil Sibal also was in favour of the amendment and played an important role in the passing of the bill in the Lok Sabha.

Eminent lyricist, Javed Akhtar, singer Lata Mangeshkar, Kailash Kher and others welcomed the amended act. There are others who feel that the payment to singers and musicians will now depend on the revenue generated by their creations. So, it has actually become a gamble. But, the fact is, the act will protect those artists who had to face poverty at the end of their career.  

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