Copyright (Amendment) Rules, 2021: Key takeaways
[Notified vide Gazette notification under reference G.S.R. 225(E)dated 30th March 2021]
The amendments have been introduced with the objective of bringing the existing rules in parity with other relevant legislations.
1- A new provision regarding publication of a Copyrights Journal has been inserted, thus eliminating the requirement of publication in the Official Gazette. The Copyrights Journal would be available on the Copyright Office website.
Implication: The same ensures smooth and flawless compliance in the light of the technological advancement in digital era by adopting electronic means as primary mode of communication and working in the Copyright Office.
2- The compliance requirements for registration of software works have been largely reduced wherein the applicant can file the first 10 and last 10 pages of source code, or the entire source code if less than 20 pages, with no blocked out or redacted portions.
Implication: The compliance requirements for registration of software works have been largely reduced as earlier the language of Rule 70 sub-rule 4 required the applicant to submit the “source and object code” while making an application for registration of computer programme.
3- The time limit for the Centre to respond to an application made before it for registration as a copyright society is extended to 180 days.
Implication: The same has been adopted to ensure a comprehensive examination of the application.
4- A new rule i.e. Rule 65A has been inserted wherein the Copyright Societies would be required to draw up and make public an Annual Transparency Report for each Financial year within 6 months following the end of the financial year.
Implication: This will help reinforcing transparency in the working of copyright societies.
5- New provisions have been introduced to deal with the undistributed royalty amounts and use of electronic and traceable payment methods while collection and distribution of royalties.
Implication: This will encourage accountability and transparency.
6- The Copyright Board has been merged with the Appellate Board.
Implication: The amendments have harmonized the Copyright Rules with the provisions of the Finance Act, 2017.
Refer to the below link for notification on Copyright (Amendment) rules.