[AI] Copyright

Vamshi. G gvamshiai at gmail.com
Sat Apr 10 09:09:18 EDT 2010


Dear legal fraternity,

I'm seriously trying to contact the local MP and media.

Can one of you draft a letter which I can give as a requisition or
representation.  I can only orally say that all books should be
accessible to visually challenged people.

I know one of the national media in my town.  Can anyone give me an
article or something similar to that which I can try to publish in
your name?  Sorry if I have not sounded good.

-- 
G. Vamshi
PH Res : +91 877-2243861
Mobile: +91 9949349497
E-mail ID:
gvamshiai at gmail.com
Skype: gvamshi81

God helps those who help themselves



On 4/9/10, 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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