Interventions by India on Agenda Items during 45th Session of Standing Committee on Copyright and Related Rights (SCCR), Geneva, 11-19 April 2024
Limitations and Exceptions for Libraries and Archives
The Delegation of India acknowledges the exceptions and limitations proposed to protect the rights and interests of libraries and archives.
The Indian delegation is committed to promote equitable access to and for the purpose of education, research, and scholarship.
The Indian copyright legislation incorporates several limitations and exceptions for the purpose of private study and research purpose.
Section 52 of the Copyright Act, 1957 carves exceptions and limitations to copyright. This particular provision is consistent with the TRIPS Article 13 which allows member states to incorporate limitations or exceptions which do not conflict with a normal exploitation of the work or unreasonable prejudice the legitimate interests of the right holder.
Limitations and exceptions for educational and research institutions and for persons with other disabilities
The Delegation of India acknowledges the proposed rule which calls for uniformity and coordination in application of exceptions and limitations to increase access to copyrighted work for educational and research institutions and for persons with disabilities.
India being a signatory to Marrakesh Treaty is fully committed to facilitate access to copyrighted works for disabled/ differently abled people.
The Delegation supports the proposal to harmonize intellectual property rights with other rights of a humanitarian nature within an equitable framework.
Information session on the Opportunities and Challenges Raised by Generative AI
The Delegation commends the Secretariat for convening an information session on Generative AI and copyright. The protection of copyright in digital era requires techno-legal measures to tackle new and upcoming forms of copyright infringement. Generative AI is a disruptor in the creative world. There are growing concerns regarding the effect that generative AI has on the livelihood of artists and creators. The delegation lends its support for a constructive and informed dialogue on generative AI and the challenges it poses to copyright protection system.
Proposal from Senegal and Congo to include the Resale Right (droit de suite) in the Agenda of Future Work by the Standing Committee on Copyright and Related Rights of the World Intellectual Property Organization
The Delegation would like to express its gratitude to Senegal and Congo for introducing the proposal to incorporate artist’s resale right in copyright protection system.
The Delegation acknowledges the detailed “WIPO Toolkit on Artist’s Resale Right” documented as SCCR/43/INF/2. The Delegations calls for further deliberations on the issues for consideration in drawing up a national ARRR (Author’s Resale Royalty Right) scheme as highlighted in the WIPO Toolkit.
The Delegation wishes to inform that India, as a signatory to the Berne Convention incorporated section 53A in the Indian copyright legislation which acknowledges and protects artist’s resale right which extends to the first owner of a work including its legal heirs.
We take this opportunity to recommend the continuation of discussions on the topic of Resale Right within the committee. We believe this aspect is of great significance and merits further consideration and discussion.
Proposal on the Part of the Russian Federation With Regard to Strengthening the Protection of Theatre Directors’ Rights at the International Level
The Indian Delegation appreciates the valuable insights offered by the “Study on the Rights of Stage Directors of Theatrical Productions” documented as SCCR/40/1.
The Indian Delegation supports the outcome of the study which calls for further research to examine if theatre directors’ rights can be protected through copyright or any other appropriate mechanism.
We reiterate the significance of this right and propose that a comparative study of best practices from various jurisdictions should be undertaken to determine what model of protection is best suited to protect theatre directors’ rights.
We take this opportunity to state that this proposal should continue to be a part of this committee’s agenda.
Proposal for a Study Focused on the Public Lending Right in the Agenda and Future Work of the Standing Committee on Copyright and Related Rights of the World Intellectual Property Organization (WIPO)
This Delegation would like to thank the delegations of Sierra Leone, Panama, and Malawi for proposing a study on the Public Lending Right (PLR).
A detailed study on existing PLR systems in various national jurisdictions, the enforcement mechanism, distribution of royalties to authors, and the actual benefit that accrues to the beneficiary is required for further deliberation on the proposal to harmonize law relating to PLR.
The Indian Delegation takes this opportunity to support a study on PLR in the Agenda and Future Work of this Standing Committee.
