Indian Copyright Act Amendments Give Music Artists Ownership Rights - The Hollywood Reporter

Indian Copyright Act Amendments Give Music Artists Ownership Rights

5/25/2012 by Nyay Bhushan

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The late Robin Gibb had supported the amendments to India's copyright act.

The long-debated amendments – for which the late Robin Gibb had also campaigned with the Indian government - give copyright ownership to artists replacing the earlier work-for-hire system where film producers held that right.

NEW DELHI – In what is seen as a major victory for songwriters, composers and musicians working in the Indian film industry, revised amendments to the Copyright Act now give them better ownership control of their works. Considering India's film industry is dominated by songs, the amendments – which aim at updating existing laws with international and WIPO (World Intellectual Property Organization) norms - can have bigger implications on how royalty rates are decided and shared in future.

The Copyright Act (Amendment) Bill 2012 – which now awaits final Presidential approval to become law - was passed in India's Lower House of Parliament and is aimed at correcting an imbalance in the country's copyright law which was seen as favoring film producers and record labels rather than the song creators.

Historically, Indian film producers have worked on a work-for-hire basis, employing songwriters, composers and singers for a fixed fees, which denied them revenues from other sources such as cover versions and especially ringtones, which have become increasingly lucrative.

The revised bill now declares authors or song creators as owners of the copyright, which cannot be assigned to the producers, replacing the earlier system. The amendments also specify that it will now be mandatory for broadcasters – both radio and TV – to pay a royalty to the owners of the copyright each time a work of art is broadcast.

The amendment also specifies that a cover version of any literary, dramatic or musical work, can only be allowed after five years from the first recording of the original creation.

The amendments had been supported by CISAC - the International Confederation of Societies of Authors and Composers - whose president, the late Robin Gibb (co-founder of supergroup the Bee Gees) had also appealed to the Indian government.

“Movie music in India is a big business and it’s unacceptable that the composers and lyricists who make the music don’t benefit from the success of their works because of an outdated system. Indian producers and record companies clearly don’t want to share their royalties with creators, but the Indian Parliament needs to know that this is not the norm elsewhere,” Gibb said in a 2010 statement. Gibb became aware of the issue after he heard acclaimed Bollywood lyricist and screenwriter, Javed Akhtar, speak at the World Copyright Summit. Akhtar, a member of India's Upper House of Parliament, has been instrumental in lobbying for the amendments.

India's Minister for Human Resources Development, Kabil Sibal, who supervised the bill's amendments, said the new law will “most benefit those artists who were reduced to poverty in their old age.”

“India's historic day in art and music... It's the beginning of big change in India. So many great musicians, writers, composers will bless this era even from heaven,” said a Twitter message from well-known Bollywood singer Kailash Kher.

“This Amendment is an extremely positive move and we are very supportive of this bill. We are delighted that going forward the composers and lyricists will get a share in royalties. This was long awaited and we believe this will help the overall artist development and align us with global practices. We now need to wait for the law to be signed by the President and then begin the process of interpreting and implementing the new developments in a broad and consensual manner to develop healthy new practices. The only thing that we are disappointed with is not much has been done about the piracy issue that we all are struggling with and also the issue of statutory license for broadcasters. This is a matter between two businesses and should be negotiated between themselves,” Sony Music, president - India and Middle East, Shridhar Subramaniam said in a statement.

“The amendments will benefit every creative person in India... who has hitherto been deprived of his/her due so far. With this bill, the creators' rights are upheld and respected and the amendments are a positive step in the right direction,” said a statement from the Indian Broadcasting Foundation (IBF).


Article Link
http://www.hollywoodreporter.com/news/indian-copyright-act-amendments-329624

Rajya Sabha clears copyright bill, B-Town hails Javed Akhtar - May 18, 2012 Movie NDTV.com

Rajya Sabha clears copyright bill, B-Town hails Javed Akhtar

Indo-Asian News Service | Friday, May 18, 2012 (New Delhi)   

With the Rajya Sabha passing an amendment to improve the rights of composers and writers, B-Town biggies Sonu Niigaam, Kailash Kher, Shabana Azmi and Rohit Roy have hailed veteran writer Javed Akhtar for his efforts in getting the measure through.

Akhtar has been pushing for an amendment in the copyright laws to give music directors and lyricists a share of the profits earned on their work. The amendment to the copyright act was passed by the Rajya Sabha Thursday and will now go to the Lok Sabha.

Akhtar's wife Shabana was ecstatic.


"Hurrah copyright amendment bill passed in Rajya Sabha. Javed's historic moment to give lyricists, composers 12 percent of their rightful share," she tweeted.


Sonu wrote: "Copyright act passed by the Rajya Sabha... For not just the composers and lyrics writer but singers too. Congratulations. Kudos @Javedakhtarjadu."


Akhtar and actress Jaya Bachchan spoke in support of amendments to the bill at the Rajya Sabha.


"Javed Akhtar is a real hero for fighting for all creative people. We are blessed to see the change and people behind it. Finally copyright is and will be defined in real now in our country, congratulations to all intellectual property owners, finally you are protected," tweeted Kher.


"Copyright bill passed... Congrats Javed saab... All you efforts paid off," tweeted Rohit, while Ehsaan Noorani of the famous trio Shankar-Ehsaan-Loy wrote: "@Javedakhtarjadu stellar speech in the RS! Many Congratulations on the bill being passed."

Article Link

http://movies.ndtv.com/movie_story.aspx?ShowID=290&Id=ENTEN20120203539

Kapil Sibal speaking in Rajya sabha on Copyright (Amendment), Bill, 2010 : 17 May, 2012

Kapil Sibal speaking in Rajya sabha on Copyright

(Amendment), Bill, 2010 : 17 May, 2012

Copyright (Amendment) Bill 2010: Watch Javed Akhtar's speech in the Rajya Sabha : IBN Live.in - 19/5/2012

Copyright (Amendment) Bill 2010: Watch Javed Akhtar's speech in the Rajya Sabha

New Delhi: With the Rajya Sabha passing an amendment to improve the rights of composers and writers, B-Town biggies Sonu Niigaam, Kailash Kher, Shabana Azmi and Rohit Roy have hailed veteran writer Javed Akhtar for his efforts in getting the measure through.

Akhtar has been pushing for an amendment in the copyright laws to give music directors and lyricists a share of the profits earned on their work. The amendment to the copyright act was passed by the Rajya Sabha Thursday and will now go to the Lok Sabha.

Akhtar's wife Shabana was ecstatic.

"Hurrah copyright amendment bill passed in Rajya Sabha. Javed's historic moment to give lyricists, composers 12 percent of their rightful share," she tweeted.

Sonu wrote: "Copyright act passed by the Rajya Sabha... For not just the composers and lyrics writer but singers too. Congratulations. Kudos @Javedakhtarjadu."

Akhtar and actress Jaya Bachchan spoke in support of amendments to the bill at the Rajya Sabha.

"Javed Akhtar is a real hero for fighting for all creative people. We are blessed to see the change and people behind it. Finally copyright is and will be defined in real now in our country, congratulations to all intellectual property owners, finally you are protected," tweeted Kher.

"Copyright bill passed... Congrats Javed saab... All you efforts paid off," tweeted Rohit, while Ehsaan Noorani of the famous trio Shankar-Ehsaan-Loy wrote: "@Javedakhtarjadu stellar speech in the RS! Many Congratulations on the bill being passed."

 

 

Javed Akhtar wins the fight for Copyright Amendment Bill - 18/5/2012 Bollywoodlife.com

Javed Akhtar wins the fight for Copyright Amendment Bill

The well-known lyricist-writer’s efforts to ensure better treatment to the literary community have paid off. The Rajya Sabha has passed the much-talked about bill amending copyright laws in the country

For a while now, Javed Akhtar had been fighting for the rights of writers, lyricists, singers and composers so that these artistes get a fair share in revenue in the form of royalties from music companies and production houses.

Yesterday, the Rajya Sabha finally passed the proposed amendments in the original Indian Copyright Bill enacted in 1957. Some of the core points reflected in the Copyright Amendment Bill include the right of author and music composer, right to the visually impaired, extending compulsory regime to unpublished work and imposition of punitive actions.

Other than Akhtar, B-towner Jaya Bachchan, who is also a Rajya Sabha member representing the Samajwadi Party, supported the Bill and spoke extensively on the prevalence of pirated songs and music. She stated that everybody who is involved in the creation of film songs should be rewarded as this music is “created collectively”.

As soon as news of the Rajya Sabha passing the Copyright Amendment Bill spread, industry folk reacted. Singer Sonu Nigam tweeted: Copyright act passed by the Rajyasabha…for not just the composers and lyrics writer but singers too. Congratulations. Kudos @Javedakhtarjadu (sic).

Meanwhile, Akhtar’s wife and actor did not just express joy over the victorious moment, but also spoke about how it would benefit the artistes themselves. “Hurrah copyright amendment bill passed in Rajya Sabha, Javed’s historic moment to give lyricists composers 12 percent of their rightful share,” she said.

However, a clause with the provision of giving royalty to the principal director of a film has been dropped in keeping with the suggestion of the Parliamentary Standing Committee. “We wanted to actually give this right over royalty to the principle director. He is perhaps principal creator. But there was a feeling expressed by Parliamentary Standing Committee that time is not ripe to give that right. So, we are dropping (it),” explained HRD minister Kapil Sibal.

Let’s hope that this clause too makes its way into the copyright law very soon. But for now, at least the ball has been set rolling.

Article Link

http://www.bollywoodlife.com/news-gossip/javed-akhtar-wins-the-fight-for-copyright-amendment-bill/

Salim-Javed Reunite on Common Ground - IndiaWest.com - 5/4/2012

Salim-Javed Reunite on Common Ground

• R. M. Vijayakar, Special to India-West


• Apr 05, 2012

MUMBAI, India

Ever since they split in the early ‘80s, Salim Khan and Javed Akhtar have not been on the best of terms. Today, a mellower Salim Khan admits he could have controlled his temper at the anger he justifiably felt when his ex-partner decided to part ways one fine day.

However, much water has flown under the bridge and for many years now, Salim and Javed have maintained courtesy and there are a lot of goodwill gestures happening from both sides, including their respective children who had once played with each other as kids. Even as rumors abound about Salman Khan signing a Farhan Akhtar film that obviously will also have lyrics by Javed Akhtar, S and J have been reunited in a rare case of consensus over Amit Mehra’s (son of Prakash Mehra) remake of their 1973 cult film “Zanjeer.”

It was Khan who first contacted Akhtar after the announcement. 

“He too feels that our stand on the issue is very strong and he plans to bring it up in Delhi shortly,” said Khan. 

Akhtar is spearheading the fight against vested interests for bringing in the Copyright Amendment Act, which has been on the anvil for many years now since the bill was passed in 2010 in Parliament, but is facing an uphill task because of the lobbies arraigned against bringing Indian copyright laws up to international norms not just on paper but also in practice.

“No one bothered to talk to us, and I am the last person to take to legal recourse of the courts, which we will do only if they do not sit across the table and give us our due,” Khan told India-West. ”Zanjeer” not only was our first solo complete script as Salim-Javed but the film that launched Prakash Mehra Productions and was also Amitabh Bachchan’s and our ticket to big-time, he added.

“Tell me, are any of the big names being repeated in the film? What are being repeated are the story and the essence of the script, which belongs to Salim-Javed, not to the late Prakash Mehra! That is what they want to remake, right?” he asked.

Akhtar added that there is a moral issue beyond the legal ones, too. 

“Creative rights are not like buying property. It is our moral right to be informed,” he said. He added that as per copyright laws that already exist, the original creators have to give permission to even make changes in their scripts. This right is not transferable and cannot be stolen either. 

“Can I buy a Husain painting for two crore and then add a moustache or add my own paragraph to a Tagore story?” Akhtar asked when speaking to Bombay Times.

Khan also pointed out to this reporter that the new film is being made in two or possibly three languages as it stars Ram Charan Teja, Chiranjeevi’s son, in Amitabh Bachchan’s role. 

“They are making the film as a business proposition and will be selling satellite, home video, overseas and all other rights, that too in more than one language. We will not mind coming on board to help write the new film or make suggestions, though ‘Zanjeer’ was such a complete and perfect script that all that was needed was to direct actors and shoot! But when we sold it to Prakash Mehra who paid us Rs. 55,000 each, it was for a film to be made once, not more than once. Writers in this country are always sidelined, and our move will also help writers whose films will be remade in the future.”

Article Link

http://indiawest.com/news/3864-salim-javed-reunite-on-common-ground.html

IN THE BUSINESS OF CREATION - The Telegraph -16/9/2012

N THE BUSINESS OF CREATION
BOOKWISE
Call the shots Under the proposed amendment to the Indian Copyright Act, it has been suggested by the powerful music lobby that all creative artists — including composers, musicians, writers and others — be paid a royalty for a fixed period instead of being fobbed off with a one-off deal. The period will be fixed after final discussions between the respective lobbies and the Copyright Board, but the usual rule is that the copyright shall invest with the artist or his successors for “50 years after the author’s death.” Hitherto, the practice has been to pay off the creators once and for all, with no royalties payable thereafter, notwithstanding the fact that their works have had long shelf lives after being put into the market. Hence the question: are creative artists strong enough to resist the advances offered, without which they may not be able to complete the work to their satisfaction? Also, more importantly, do they stand to lose or to gain if they surrender their royalties against the fees they are given? Of course, the ideal solution for them would be to get both the advance fees (that could be adjusted against their future royalty earnings) and royalties for the period that the book or the work remains alive. But publishers have not been known to be generous, especially with authors who are still breaking into the market: they have the mistaken notion that they can buy off creative artists at any price — because they know how the market behaves whereas the author doesn’t. For most authors, it is a buyer’s market and there is precious little that can be done if they want their work in print. As far as authors are concerned, the basic questions are: what is the quantum of the one-off fee and do they have the financial stamina to ward off the advances that might be offered? There is no fixed formula with publishers: they play it by the ear, figuring out the number of copies they could sell at a given price and over a period of time. It is really a matter of the throw of the dice, but over time, publishers have acquired a gut feeling as to how much the market would take. With this ball-park figure, they work out how much they might safely offer after hedging their bets. It is as much a tough call for them as it is for the author to accept what is offered to him. But for new authors who have not yet become celebrities, it is really small change — ‘take it or leave it.’ Invariably, authors who rely on their writings alone take it by signing off all their rights to the publisher. What options does an author have if he still wants to have his work published and earn some royalties for his work? First, he must not be totally dependent on royalties from his book that are spread out over the year; he must also be a part-time journalist or a teacher with a fixed income. No publisher takes a full-time writer (unless he is a celebrity) seriously; he knows how helpless such an author is and has no compunctions buying him off at the lowest bargain price. Second, authors don’t have to go for the big publishers; in fact, it is best to keep away from them because even if they accept the work for publication (and then take a long time deciding whether to publish it or not), they would offer a measly sum as advance and then do a rotten job at distribution. There are a number of smaller publishing houses, run by ex-professionals, that would offer a modest advance and do a much better job of getting the book to the people who matter. And that’s what matters for a writer breaking ground.
RAVI VYAS

Article Link

http://www.telegraphindia.com/1110916/jsp/opinion/story_14506276.jsp