World Trade Organization Organisation Mondiale du Commerce Organización Mundial del Comercio

US FQ 32:

(on US 89)

Report by the Secretariat (WT/TPR/S/249): III. TRADE POLICIES AND PRACTICES BY MEASURE: (3) Measures Directly Affecting Exports: (4) Measures Affecting Production and Trade: (vi) Intellectual property rights: Page 119, paragraph 280:

The Secretariat's Report states: "Through the International Copyright Order, copyright is protected in India for nationals of countries that are members of the Berne Convention, the Universal Copyright Convention, and the TRIPS Agreement." Recently two Indian courts issued decisions effectively holding that songwriters and music publishers lose their exclusive public performance rights after their songs have been licensed for recording. As a result of these rulings, radio stations will only be required to pay license fees to the sound recording companies, but not to the collecting society which distributes royalties to the songwriters and publishers. See Music Broadcast Private Ltd. v. Indian Performing Right Society (decided July 25, 2011 in Bombay; Suit No. 2401 of 2006) and Indian Performing Rights Society v Aditya Pandey (decided July 28, 2011in Mumbai; CS(OS) 1185/2006 & I.A. Nos. 6486/2006, 6487/2006 & 7027/2006). Please explain these decisions in light of India's obligations under the Berne Convention (incorporated into the TRIPS Agreement by virtue of TRIPS Article 9(1)).

Reply: Issues raised in these cases are sought to be addressed in the Copyright (Amendment) Bill 2010 and the amendments to the Bill presently under Parliament scrutiny. The Copyright Act 1957 is in compliance with India's obligations under the Berne Convention (incorporated into the TRIPS Agreement by virtue of TRIPS Article 9(1)).

U.S. Follow-Up Question: Please explain how the amendments to the Copyright Bill address the issues raised in the referenced cases. How will the provisions operate in practice?

Reply: It is not possible to elaborate on the operative provisions of the amendments to the Copyright Bill since the bill it yet to be passed by the Parliament. The proposed amendments can be accessed at http://www.copyright.gov.in.