[AI] Press release for Copyright

rahul cherian rahul.cherian at inclusiveplanet.com
Sat Apr 10 09:46:06 EDT 2010


Hi Vamshi and others taking up this issue,

Please also find attached a draft press release which you can use for
journalists. Kindly note that the date of proposed dharna/demonstration is
not finalised in the press release and will be finalised by Monday.

Best regards,

Rahul

On 10 April 2010 19:11, rahul cherian <rahul.cherian at inclusiveplanet.com>wrote:

> Hi Vamshi and others interested in taking up this issue,
>
> I have attached a note prepared by the National Access Alliance which
> you can use for MPs. This will give the background, the issue with the
> proposed amendment, the solution proposed by the National Alliance and how
> MPs can support this cause.
>
> We preparing a press release which will be finalised on Monday. We will
> send this to you as soon as it is finalised
>
> Sam, can you send Vamshi the Mumbai Press Invite? The Chennai Invite is not
> finalised yet.
>
> Do let us know if your require any further information or assistance for
> each one of you to take up this issue in your city/district/state.
>
> Rahul Cherian
>
>
> On 10 April 2010 18:39, Vamshi. G <gvamshiai at gmail.com> wrote:
>
>> 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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