Intellectual Property Rights

Central Government Notifies Copyright (Amendment) Rules, 2021

08.04.2021

Central government has notified the Copyright (Amendment) Rules, 2021 which amends the Copyright Rules, 2013 vide Gazette notification under reference G.S.R. 225(E) dated 30th March, 2021 in exercise of the powers conferred by Section 78 of the Copyright Act, 1957. The amendments have been introduced in order to bring more accountability and transparency, and making the existing rules in parity with other relevant laws. In India, the copyright regime is governed by the Copyright Act, 1957 and the Copyright Rules, 2013. The Copyright Rules, 2013 was last amended in the year 2016.

The amendments aims to ensure 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. Further, a new provision regarding publication of a copyrights journal has been incorporated, thereby eliminating the requirement of publication in the Official Gazette. The copyright society must draw up and make public a special report to be referred to as the annual transparency report for each financial year within six months following the end of that financial year. The copyright society has to publish on its website the annual transparency report and ensure that the annual transparency report remains available on its website for at least three years.

The amendments have harmonised the Copyright Rules with the provisions of Finance Act, 2017 whereby the Copyright Board has been merged with Appellate Board. The compliance requirements for registration of software works have been largely reduced, as now the applicant has the liberty to 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. The time limit for the Central Government to respond to an application made before it for registration as a copyright society is extended to one hundred and eighty days, so that the application can be more comprehensively examined.

Tags : Digital era Rules Amendment

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