Lok Sabha Question No. 3088 (UNSTARRED), answered on 2018-08-06
Subject: WIPO Copyright Treaty
Ministry: COMMERCE AND INDUSTRY
Asked by: CH. MALLA REDDY

## GOVERNMENT OF INDIA MINISTRY OF COMMERCE & INDUSTRY DEPARTMENT OF INDUSTRIAL POLICY & PROMOTION

## LOK SABHA

## UNSTARRED QUESTION NO. 3088. TO BE ANSWERED ON MONDAY, THE 6 TH  AUGUST,  2018.

## WIPO COPYRIGHT TREATY

## 3088.  SHRI CH. MALLA REDDY:

Will the Minister of COMMERCE AND INDUSTRY be pleased to state:

## वाणिज्य एवं उद्योग मंत्री

- (a) whether the  Government has  given  its  approval  for  accession  to  the WIPO Copyright  Treaty  and  WIPO  Performers  and  Phonograms  Treaty  which extends coverage of copyright to the internet and digital environment; and
- (b) if so, the details thereof along with the benefits accrued by accessioning these treaties?

## ANSWER

## वाणिज् य एवं उद्योग मंत्रालय में राज् यमंत्री (श्री सी.आर. चौधरी) THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE & INDUSTRY (SHRI C.R. CHAUDHARY)

- (a): Yes.
- (b): The  Union  Cabinet  approved  the  proposal  for  accession  to  the  WIPO Copyright  Treaty  (WCT)  and  WIPO  Performers  and  Phonograms  Treaty (WPPT)  which  extends  coverage  of  copyright  to  the  internet  and  digital environment. The approval is a step towards the objectives laid in the National IPR Policy adopted by the Government on 12th May 2016.

The Copyright Act 1957 was amended in 2012 to bring it in conformity with WCT and WPPT, including amendment in definition of 'Communication to the public'  to  make  it  applicable  to  digital  environment  (Section  2(ff))  as  also introducing provisions related to Technological Protection Measures (Section 65A)  &  Rights  Management  Information  (Section  65B);  Moral  rights  of performers  (Section  38B);  Exclusive  rights  of  the  performers  (Section  38A); safe harbour provisions over electronic medium (Section 52(1)(b) and Section 52(1)(c)).

WIPO  Copyright  Treaty came  in  force  on  March  6,  2002  and  has  been adopted  by  96  contracting  parties  till  date.  It  is  a  special  agreement  under Berne  Convention  (for  protection  of literary and  artistic works). It  has provisions  to  extend  the  protection  of  copyrights  contained  therein  to  the digital environment.  Further, it recognises the rights specific to digital environment,  of  making  work  available,  to  address  'on-demand'  and  other interactive modes of access.

WIPO Performances and Phonograms Treaty came in  force  on  May  20, 2002 and has 96 contracting parties as its members. WPPT deals with rights of two kinds of beneficiaries, particularly in digital environment - (i) Performers (actors,  singers,  musicians  etc.),  and  (ii)  Producers  of  Phonograms  (Sound recordings). The Treaty empowers right owners in their negotiations with new digital platforms and distributors. It recognises moral rights of the performers for the first time & provides exclusive economic rights to them.

Both  the  treaties  provide  framework  for  creators  and  right  owners  to  use technical  tools  to  protect  their  works  and  safeguard  information  about  their use i.e. Protection of Technological Protection Measures (TPMs) and Rights Management Information (RMI).

These Treaties will help the creative industry in India in the following ways:

- To enable creative right holders enjoy the fruit of their labour, through international copyright system that can be used to secure a return on the investment made in producing and distributing creative works.
- To  facilitate  international  protection  of  domestic  rights  holders  by providing  them  level  playing  field  in  other  countries  as  India  already extends protection to foreign works through the International Copyright order and  these  treaties will enable  Indian right holders to get reciprocal protection abroad.
- To instil confidence in foreign investors.
- To  produce  and  distribute  creative  works  in  digital  environment  with return on investment.
- To spur business growth and contribute to the development of a vibrant creative  economy  and  cultural  landscape,  generating  employment opportunities also.

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