Global Artists' Issues: focus on India
in cra-briefings33 · January 20, 2006
India has established itself as a powerhouse in the international film industry. However, as a culture it is marked by the distinctions between the rich and the poor, and thus, between the technologically savvy and the technologically illiterate.
The Indian Copyright Act was amended in 1999 to meet the protections required by the WTO TRIPs agreement. Under the Copyright Act the maximum penalty for copyright infringement is a fine of Rs 200,000, a jail term of up to three years or both. This fine has a particularly deterrent effect because it is 14 times the average per capita income of the country. For more information on Indian law see www.indianembassy.org.
Piracy is the greatest challenge to copyright enforcement in India. The country is faced with a huge incidence of piracy, including sales of tapes and CDs and other trade goods in local markets, and the movement of pirated goods for the export market. The situation has led to the placement of India on the priority watch list of the Office of the US Trade Representative. Consequently, the National Association of Software and Service Companies, (www.nasscom.org) which has set up a piracy tip line. Steps to combat piracy have also been taken by the Indian government.
To help educate the public about copyright law the government has published a Handbook on Copyright Law, a document intended to provide guidance to stakeholders, and it and has created the Copyright Enforcement Advisory Counsel (www.indianembassy.org). The development of societies for the collective administration of copyright rights is also being encouraged. However, many people remain critical of the government, a problem exacerbated by the fact that the courts are overloaded and movement of creator rights-related cases is at a glacial pace.
Addressing the Technology Gap
During November’s World Summit on the Information Society, participants launched a program entitled “Connecting the World by 2015”. The objective of the program is to offer Internet connectivity to all parts of the world by 2015. India is playing a leading role in this program through its own “Mission 2007: Every Village a Knowledge Center”. The aim of this program is to provide connectivity, thus knowledge, to every village in India by August 15, 2007. This means that 100,000+ centers will be provided with Internet access. This project is being funded by a national alliance of 34 private technology institutions and 10 financial institutions. Canada, though its International Development Agency (CIDA) is offering support.
Preventing Brain Drain
India has been exporting skilled technical workers to other parts of the world for many years. Many in India have expressed concern that if technologically skilled individuals continue to leave the country at current levels there will be a shortfall, or an intellectual deficit, by 2010. In order to protect the developing IT Industries, including communications and the media, and to retard the growing educational divide, the government and private sector need to find ways to keep educated individuals from emigrating. This means creating opportunity within the country. For more on the issues presented by this problem see sdnetindia.com or www.literacyindia.org.
The Other Side of the Technology Divide
The technologically savvy are increasingly participating in the global community through the Internet. www.freemedia.org is the first e-zine (internet based magazine) published in India and blog publications are becoming common there. In response to the growing technological divide, the opinion at Freemedian is that India will have to join other countries like Canada, the United States, Australia and the European Union, in addressing issue of creator’s rights that is inherent in the Internet.
Though identified as a Least Developed Nation by the World Trade Organization, India is in the unique position of also being a world leader in technology development. As a country it has a strong, internationally acceptable, copyright law. The problems it faces are those experienced by many developing nations: protecting copyright and maintaining the technological knowledge that will both allow the country and the technology to continue to keep pace with international development.
Upcoming events for the Indian Creators
January 27—February 4, 2006: New Delhi World Book Fair www.ndtindia.org.in New Delhi, India
February 7-8, 2006: Sun Tech Days, Chennai, India
Organizations that are involved in creators’ rights in India include:
- Indian Performing Rights Society (IPRS) www.indiavibes.com/iprs
- Phonographic Performance Limited (PPL) www.pplindia.org
- Authors’ Guild of India
- Delhi Music Society
- Indian Reprographic Rights Organization
- Indian Science Writers Association
- Indian Federation of Publishers
- Society for Copyright Regulation of Producers of Film and Television (SCRIPT)
NOTE: A number of these societies do not have English or French language websites.