Dr Karuna Sharma, Doon University, Dehradun
ABSTRACT
To protect the vulnerability of Cinematograph work along with other forms of copyrightable works (within the meaning of section 13 of The Copyright Act, 1957) the legislative intention incorporated into the original act of 1957 a new chapter by substitution referred to as Chapter VII (Chapter VII, substituted by the Act no.38 of 1994, vide s. 11, (w.e.f. 10-5-1995)).
In particular, second proviso to section 33 of the amending act of 2012 (The Copyright Amendment Act, 2012) directed unequivocally that the license related to various copyrightable works incorporated in the Cinematograph work shall be undertaken by the Copyright Societies registered under section 33(3) of the Act and not by any other agency.
While this move by the legislature was intended to establish a just and equitable administrative frame work in the shape of a registered copyright society so as to safeguard the interests and rights of the cinematograph authors and producers, yet this noble move has an inherent lacuna.
This paper highlights this lacuna and discusses that how the powers conferred upon the copyright societies shall bring in arbitrariness which is in utter violation of the basic ethos of our constitutional frame work as incorporated in Article 14.
Keywords: Cinematograph Act, Copyright Act, Copyright societies, communication, Intellectual Property Rights
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