Statutory Licensing Under The Proposed Copyright Amendment Rules: A Cart Before The Horse Situation?

On May 30, 2019, the draft Copyright (Amendment) Rules, 2019 ("Draft Rules") were released for public comments. The press release accompanying the Draft Rules indicated that they were introduced to upgrade the existing Copyright Rules, 2013 ("Copyright Rules") in light of technological advancements in the digital era ¹. The substantive amendments are with respect to extending the provisions on statutory licensing to encompass 'all modes of broadcasting,' in lieu of traditional television and radio broadcasting. However, the Copyright Act, 1957 ("Copyright Act") has not been amended. This appears to be a cart before horse situation, as explained hereafter.

The statutory licensing provisions under Section 31 D of the Copyright Act allow 'any broadcasting organization' to obtain a license to broadcast works to the public subject to (1) providing notice in the prescribed form to the owner of the copyright and to the Registrar of Copyright ² of its intention to do so;