[AI] Copyright

rahul cherian rahul.cherian at inclusiveplanet.com
Sat Apr 10 00:07:27 EDT 2010


Hi Rajesh,

Section 52(1) (za) will constitute an exemption to copyright. There is no
restriction on who (whether organisations or individuals) can convert into
specialised formats. The restriction on who can convert to mainstream
formats is covered under Section 31 B.

Yes, the primary concerns are formats (all formats should be permitted) and
who can concert and distribute in these formats (everyone should be
permitted provided they make sure that measures are taken to ensure that it
is done for the intended beneficiary). I think Kanchan has explained the
issue in her follow up mail.

Best regards,

Rahul

On 9 April 2010 15:08, Asudani, Rajesh <rajeshasudani at rbi.org.in> wrote:

> Dear Rahul
> Does Section 52 (1) (za) as proposed in amendments constitute an exemption
> to copyright?
> There is also section 31B for organizations where Section 52 (1) (za): does
> not apply.
> Please also clarify to or by whom Section 52 (1) (za): talks of
> reproduction of works in specialized format, whether by individuals or
> institutions?
> I believe if Section 52 (1) (za): constitutes and exemption to copyright,
> and said section does not specifically refer to organizations, then the
> only,  or at any rate major quarrel we have with proposed amendments is that
> format may not be necessarily specialized, but an accessible format along
> with due safeguards  is what we want, right?
> Besides, formalities of obtaining license from copyright board are what we
> are worried about.
> We may also contemplate an obligation on government bodies and bring out
> books in accessible format simultaneously with their normal formats.
> I am just trying to clarify our standpoint before conveying to media or any
> authorities.
>
>
>
> Regards
>
> "Perhaps our role on this planet is not to worship God-- but to create
> Him."
>
>                                        --Arthur C. Clarke
>
> (Rajesh Asudani)
>
> Assistant General Manager,
> Reserve Bank of India
> Nagpur
> 09420397185
> O: 0712 2806676
> Res: 0712 2591349
>
>
>
> -----Original Message-----
> From: accessindia-bounces at accessindia.org.in [mailto:
> accessindia-bounces at accessindia.org.in] On Behalf Of rahul cherian
> Sent: Thursday, April 08, 2010 6:10 PM
> To: accessindia at accessindia.org.in
> Subject: Re: [AI] Copyright
>
> Hi Rajesh,
>
> The amendment approved by Cabinet is given below.
>
> Best regards,
>
> Rahul
>
> Section 52 (1) (za): The reproduction, issue of copies or communication to
> the public of any work in a format, including sign language, *specially
> designed only** *for the use of persons suffering from a visual, aural or
> other disability that prevents their enjoyment of such works in their
> normal
> format.
>
> Section 31B (1): An organization, registered under section 12A of the
> income
> tax act, 1961 (act 43 of 1961) and working primarily for the benefit of
> persons with disability, and recognized under chapter X of the persons with
> disabilities (equal opportunities, protection of rights and full
> participation) act, 1995 (act 1 of 1996) may apply to the Copyright Board,
> in such form as may be prescribed, for a compulsory license to publish any
> work in which copyright subsists for the benefit of such persons, in a case
> to which clause (za) of subsection (1) of section 52 does not apply, and
> the
> Copyright Board shall dispose of such application within three months.
>
> (2) The Copyright Board may, upon receiving an application under subsection
> (1) inquire, or direct such inquiry as it necessary, to establish the
> credentials of the applicant and satisfy itself that the application has
> been made in good faith.
>
> (3) If the Copyright Board is satisfied, after giving to the owners of
> rights in the work a reasonable opportunity of being heard and after
> holding
> such inquiry as it may deem necessary, that a compulsory license needs to
> be
> issued to make the work available to the disabled, it may direct the
> Registrar of Copyrights to grant to the applicant such a license to publish
> the work.
>
> (4) Every compulsory license issued under this section shall specify the
> means and format of publication, the period during which the compulsory
> license may be exercised and, in the case of issue of copies, the number of
> copies that may be issued.
> Provided that where the Board has issued such a compulsory license, it may
> on further application and after giving reasonable opportunity to the owner
> of the rights, extend the period of such compulsory license and allow the
> issue of more copies as it may deem fit.
>
> (5) The Copyright Board may specify the number of copies that may be
> published without payment of royalty and the fix the rate of royalty for
> the
> remaining copies.
>
>
> On 8 April 2010 17:51, Asudani, Rajesh <rajeshasudani at rbi.org.in> wrote:
>
> > Please repost the amendment approved by cabinet.
> > I can not seem to locate it, though I have commented on it in past in
> this
> > very group.
> >
> >
> > Regards
> >
> > "Perhaps our role on this planet is not to worship God-- but to create
> > Him."
> >
> >                                        --Arthur C. Clarke
> >
> > (Rajesh Asudani)
> >
> > Assistant General Manager,
> > Reserve Bank of India
> > Nagpur
> > 09420397185
> > O: 0712 2806676
> > Res: 0712 2591349
> >
> >
> >
> > -----Original Message-----
> > From: accessindia-bounces at accessindia.org.in [mailto:
> > accessindia-bounces at accessindia.org.in] On Behalf Of Subramani L
> > Sent: Thursday, April 08, 2010 5:54 PM
> > To: accessindia at accessindia.org.in
> > Subject: Re: [AI] Copyright
> >
> > Am working on a report based on your mail.
> >
> > Subramani
> >
> >
> >
> > -----Original Message-----
> > From: accessindia-bounces at accessindia.org.in
> > [mailto:accessindia-bounces at accessindia.org.in] On Behalf Of Pamnani
> > Sent: Thursday, April 08, 2010 12:38 PM
> > To: accessindia at accessindia.org.in
> > Subject: Re: [AI] Copyright
> >
> > Nobody leading the Hyderabad charge as yet.But need to coordinate with
> > as
> > many organisations. Will you be able to organise the dharna, press
> > conference or get some press or contact your MPS.
> > MPS are at home till about 14th after which they will be in Delhi. So
> > folks
> > we need to work on this issue immediately.
> > K
> > Kanchan Pamnani
> > Advocate & Solicitor
> > 9, Suleman Chambers,
> > Battery Street, Colaba,
> > Mumbai - 400 039.
> >
> >
> >
> > ----- Original Message -----
> > From: "payal kapoor" <payal.theresidence at gmail.com>
> > To: <accessindia at accessindia.org.in>
> > Sent: Thursday, April 08, 2010 12:30 PM
> > Subject: Re: [AI] Copyright
> >
> >
> > > k
> > >
> > > what is happening out of hyderabad? any persons here yet?
> > > ----- Original Message -----
> > > From: "Pamnani" <kanchanpamnani at gmail.com>
> > > To: <accessindia at accessindia.org.in>
> > > Sent: Thursday, April 08, 2010 12:06 PM
> > > Subject: Re: [AI] Copyright
> > >
> > >
> > >> Akhilesh,
> > >> 1. Any press is good press at the moment. Print media or channel does
> > not
> > >> matter. We are all trying for some coordination in Delhi and we would
> >
> > >> also want local media.The more the merrier the more varied the
> > better.
> > >> If you have a contact please let us know.
> > >> 2. I know about the exams-lets see when they are really going to
> > table it
> > >> in Parliament. If at that time you can come and join for even a
> > couple of
> > >> hours it will be good.
> > >> 3. You cant file for an injunction at this stage. You have to wait
> > till
> > >> the Act is passed and then you can challenge its consitutionality.
> > >>
> > >> Kanchan Pamnani
> > >> Advocate & Solicitor
> > >> 9, Suleman Chambers,
> > >> Battery Street, Colaba,
> > >> Mumbai - 400 039.
> > >>
> > >>
> > >>
> > >> ----- Original Message -----
> > >> From: "akhilesh" <akhil.akhil29 at gmail.com>
> > >> To: <accessindia at accessindia.org.in>
> > >> Sent: Thursday, April 08, 2010 11:39 AM
> > >> Subject: Re: [AI] Copyright
> > >>
> > >>
> > >>> Hello mam,
> > >>> This is Akhilesh from Delhi.
> > >>> Organizing the press conference locally can produce results very
> > well,
> > >>> but can we make an approach to huge channels like CNN IBN, IBN live,
> > >>> and some most watched news channels of this type?
> > >>> I know very well that people are here in this list that can produce
> > >>> such results within 24 hours!!!
> > >>> North India is reeling under the extreme heat of exams so we can not
> > >>> expect too much from students in spite of their willingness to come
> > to
> > >>> dharna.
> > >>> this question May be sound a bit impractical, however, your views
> > are
> > >>> requested.
> > >>> Can we seek for injunction before this bill is tabled in both the
> > >>> houses?
> > >>> Thanks and regards,
> > >>> Akhilesh.
> > >>>
> > >>> On 4/7/10, Pamnani <kanchanpamnani at gmail.com> wrote:
> > >>>> While listing the organisations I seem to have inadvertently missed
> > >>>> Inclusive Planet I do apolagise specially since Inclusive Planet
> > has
> > >>>> been
> > >>>> very active and has added immense value.
> > >>>> Rajesh, the clauses proposed by the Government are being mailed to
> > this
> > >>>> list
> > >>>> by Rahul in some time.
> > >>>>
> > >>>> The research paper is already on the Inclusive Planet website for
> > >>>> reference.
> > >>>> In the meantime I would really request you to let me know about the
> > >>>> possibility of organising a press conference in Nagpur and meeting
> > your
> > >>>> MPS
> > >>>> and of course organising a dharna on short notice.I hope it will
> > all be
> > >>>> possible.
> > >>>> Kanchan
> > >>>>
> > >>>>
> > >>>> Kanchan Pamnani
> > >>>> Advocate & Solicitor
> > >>>> 9, Suleman Chambers,
> > >>>> Battery Street, Colaba,
> > >>>> Mumbai - 400 039.
> > >>>>
> > >>>>
> > >>>>
> > >>>> ----- Original Message -----
> > >>>> From: "Asudani, Rajesh" <rajeshasudani at rbi.org.in>
> > >>>> To: <accessindia at accessindia.org.in>
> > >>>> Sent: Thursday, April 08, 2010 10:28 AM
> > >>>> Subject: Re: [AI] Copyright
> > >>>>
> > >>>>
> > >>>>>I remember a few days ago, proposed amendment was posted here in
> > this
> > >>>>>list
> > >>>>>and a few persons including myself had commented on it.
> > >>>>> It is in public domain and I can not find the link of that blog
> > from
> > >>>>> which
> > >>>>>
> > >>>>> it was taken.
> > >>>>> Would be grateful if somebody could point me to that!!!
> > >>>>> I think copyright issue legally affects blind much more than any
> > other
> > >>>>> disability and so we should plunge into effort wholeheartedly.
> > >>>>>
> > >>>>>
> > >>>>> Regards
> > >>>>>
> > >>>>> "Perhaps our role on this planet is not to worship God-- but to
> > create
> > >>>>> Him."
> > >>>>>
> > >>>>>                                        --Arthur C. Clarke
> > >>>>>
> > >>>>> (Rajesh Asudani)
> > >>>>>
> > >>>>> Assistant General Manager,
> > >>>>> Reserve Bank of India
> > >>>>> Nagpur
> > >>>>> 09420397185
> > >>>>> O: 0712 2806676
> > >>>>> Res: 0712 2591349
> > >>>>>
> > >>>>>
> > >>>>>
> > >>>>> -----Original Message-----
> > >>>>> From: accessindia-bounces at accessindia.org.in
> > >>>>> [mailto:accessindia-bounces at accessindia.org.in] On Behalf Of
> > Kanchan
> > >>>>> Pamnani
> > >>>>> Sent: Thursday, April 08, 2010 9:21 AM
> > >>>>> To: Access India; Voice Vision. ; rpp-india at googlegroups.com
> > >>>>> Cc: Mahesh Chandrasekar; Javed Abidi; Secretariat
> > >>>>> Subject: [AI] Copyright
> > >>>>>
> > >>>>>    Friends,
> > >>>>>>From time to time we have had discussions on the issue of
> > copyright.
> > >>>>>>As
> > >>>>>>per my usual practis, I would like to inform everybody on this
> > list so
> > >>>>>>that you are aware and u can spread the word. We have reached a
> > very
> > >>>>>>delicate and important stage in this matter.
> > >>>>> I will try and cover in short what has been happening and what
> > needs
> > >>>>> to
> > >>>>> happen and what may happen in the next few days and god forbid
> > next
> > >>>>> few
> > >>>>> years.
> > >>>>> 1. Generally when we audio record books, exchange digital texts,
> > make
> > >>>>> copies in braill or make copies in large font we are infringing
> > >>>>> copyright
> > >>>>> laws but because we are visually challenged we have an exemption
> > under
> > >>>>> what is called a "fair use" clause.
> > >>>>> 2. However lots of international organisations wont let us use
> > their
> > >>>>> material because India does not have a specific exemption for the
> > >>>>> print
> > >>>>> disabled.
> > >>>>> 3. Prof Vinod Sena    realised this problem in 2002 and even made
> > a
> > >>>>> presentation to a parliamentary committee.
> > >>>>> 4. In 2006 we found on the website of the Copyright registry that
> > >>>>> there
> > >>>>> was a specific exemption clause proposed for the print disabled.
> > >>>>> 5. The Print Access Coordination Committee PACC consisting of
> > several
> > >>>>> organisations sent in our representation stating the flaws in the
> > >>>>> proposed
> > >>>>>
> > >>>>> amendment and also what we wanted from the government. Sometime
> > later
> > >>>>> CIS
> > >>>>> Bangalore also sent in their representation.
> > >>>>> 5. many leading intellectual property rights lawyers were
> > consulted
> > >>>>> and a
> > >>>>> presentation was even made to their association.
> > >>>>> 6. During 2007-2009 every Copyright registrar was sensitised and
> > >>>>> discussions were held in every forum possible.
> > >>>>> 7. In the meantime Book Share came to India and the Daisy forum of
> >
> > >>>>> India
> > >>>>> has been entering into agreements with Publishers. Therefore some
> > of
> > >>>>> the
> > >>>>> material that we need can be digitalised without worrying about
> > >>>>> infringement.
> > >>>>> 8. In 2009 the Right to Read campaign was started and most of you
> > know
> > >>>>> the
> > >>>>>
> > >>>>> details of the events.
> > >>>>> 9. In November 2009 we got to know that the clause being proposed
> > by
> > >>>>> the
> > >>>>> government is the same clause they had suggested in 2006 and they
> > have
> > >>>>> not
> > >>>>>
> > >>>>> considered our representations.
> > >>>>> 10. A delegation met Kapil Sibal the minister in charge. I must
> > inform
> > >>>>> you
> > >>>>>
> > >>>>> that the meeting did not produce the results that we required.
> > >>>>> 11. Subsequently we found out that the Copyright amendments
> > including
> > >>>>> the
> > >>>>> claus pertaining to the print disabled had been discussed by the
> > >>>>> cabinet
> > >>>>> and now was pending to be introduced as a bill. Then the shocker
> > came
> > >>>>> because we found out from our various sources that the clause was
> > >>>>> worse
> > >>>>> than we could imagine.
> > >>>>> 10. We have written to Mr. Sibal asking him to set up a committee
> > >>>>> before
> > >>>>> the bill is introduced in Parliament and there is no reply.
> > >>>>> 11. We have been having many in house consultations and I am happy
> > to
> > >>>>> say
> > >>>>> that all the 3 National organisations AICB, NAB, NFB which work
> > with
> > >>>>> the
> > >>>>> visually challenged have agreed in principle and are working
> > together
> > >>>>> with the Daisy Forum of India, CIS,XRCVC and Sightsavers.
> > >>>>> 12. Last week we had urgent consultations in Delhi as we found out
> >
> > >>>>> that
> > >>>>> the government would be tabling the bill in Parliament anytime
> > after
> > >>>>> 15th
> > >>>>> April.
> > >>>>> 13. At this meeting we we decided
> > >>>>> 1. To continue to ask for a committee before the Bill reaches
> > >>>>> parliament
> > >>>>> 2. At the same time prepare for stalling the bill in Parliament
> > before
> > >>>>> it
> > >>>>> becomes law so that it can be referred to a standing committee and
> > for
> > >>>>> this purpose
> > >>>>> a. Have a press conference
> > >>>>> B. meet MPS
> > >>>>> c. Have a dharna
> > >>>>> 3. In case it becomes a law then challenge it in court.
> > >>>>>
> > >>>>> 14. We have been contacting MPs and on Friday -Saturday we met the
> > BJP
> > >>>>> i.e. LK Advani, Sushma Swaraj and Arun Jetly. These were good
> > meetings
> > >>>>> where of course they promised us their support. In the past we
> > have
> > >>>>> met
> > >>>>> Moiley and Supriya Sule and a couple of others.Efforts are on to
> > try
> > >>>>> and
> > >>>>> meet some others.
> > >>>>> 15. Now what can we all do-
> > >>>>> a. Write to each of our MPs or better still try to meet them
> > >>>>> personally
> > >>>>> and quickly
> > >>>>> explaining the problem of print access and how we manage to read,
> > >>>>> asking for a committee to be formed by the HRD Ministry just like
> > the
> > >>>>> one
> > >>>>> they set up for producers-Amir Khan and JavedAkhtar etc.
> > >>>>> . If you need further briefings then please contact XRCVC or CIS.
> > Both
> > >>>>> organisations are a part of the National Access Alliance.
> > >>>>> b. Start talking to the local media. this is important. If the
> > >>>>> articles
> > >>>>> are published then please get in touch with me off the list. We
> > need
> > >>>>> the
> > >>>>> clippings or softcopies.
> > >>>>>
> > >>>>> c. Those in North India be ready for the dharna. Sorry cant give
> > >>>>> specifics
> > >>>>>
> > >>>>> at this stage and on this list. Get in touch with me.
> > >>>>>
> > >>>>> d. Others who are inclined to have their own dharnas in different
> > >>>>> parts of
> > >>>>>
> > >>>>> the country also need to coordinate so that the effort is useful.
> > >>>>> I would like to conclude this note by just saying that there is no
> >
> > >>>>> point
> > >>>>> in saying that the people in power are heartless or that the
> > disabled
> > >>>>> are
> > >>>>> ignored...... We have strength, we have a voice and we are doing
> > >>>>> right.
> > >>>>> We have strategy, we have coordination, we have put in a lot of
> > >>>>> hardwork
> > >>>>> to be here. Now it is time that we get together and achieve what
> > we
> > >>>>> have
> > >>>>> been striving for for so many years. Each of us on this list makes
> > a
> > >>>>> difference and each of us is now required to do our best and our
> > >>>>> little
> > >>>>> bit. If we miss this oppirtunity we  will never be forgiven by
> > >>>>> posterity.
> > >>>>> kanchan
> > >>>>>
> > >>>>>
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> > >>>
> > >>> --
> > >>> ===
> > >>> Visit my blog at:
> > >>> freestuff4indians.blogspot.com
> > >>> Skype ID:
> > >>> akhil.akhil29
> > >>> ===
> > >>>
> > >>>
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