[AI] Copyright

Pamnani kanchanpamnani at gmail.com
Sat Apr 10 09:38:25 EDT 2010


Will be sending it directly to you in a short while.
Kanchan Pamnani
Advocate & Solicitor
9, Suleman Chambers,
Battery Street, Colaba,
Mumbai - 400 039.



----- Original Message ----- 
From: "Vamshi. G" <gvamshiai at gmail.com>
To: <accessindia at accessindia.org.in>
Sent: Saturday, April 10, 2010 6:39 PM
Subject: Re: [AI] Copyright


> 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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