administration
Movie Act, 1952 Approves Amendment
II Decision and Cases - Intellectual Property Rights (IPR) Drama / Theater
Under the chairmanship of the Prime Minister, the Union Cabinet has approved the introduction of the Film Amendment Bill, 2019 for amendment to the Film Act, 1952 (Cinematograph Act, 1952).
This amendment was proposed by the Ministry of Information and Broadcasting.
The purpose of the proposed bill is to stop the film's literary theft / Piracy and to include punitive provisions against unauthorized camcorders and duplication of films.
Proposed amendment
New Section 6AA to Prevent Unauthorized Recording
After Section 6A of the Film Act, 1952, another Section 6AA will be added.
According to this section, "In spite of any other applicable law, any person can use any audio visual record tool without the written permission of the author to help broadcast or disseminate any film or any part thereof Will not be allowed
"Here the meaning of the author is similar to the interpretation given in sub-section-D of Section 2 of the Movie Act, 1957."
Amendment to Section 7
The purpose of amendment in Section 7 is to include penal provisions in violation of the provisions of section 6AA. Sub-Section-1A will be added after sub-section 1 in section 7 of the main act.
According to this, "If a person violates the provisions of section 6AA, he can be sentenced to up to 3 years of imprisonment or up to Rs. 10 lakh fine or both."
Benefits of amendment
The proposed amendments will increase the revenues of this industry, employment will be created, the main objectives of India's National IP Policy will be fulfilled and relief will be given in case of copyright infringement of piracy and online content. .
National Intellectual Property Rights Policy
The Union Cabinet approved the National Intellectual Property Rights Policy in May 2016.
Under this policy seven goals have been set which are as follows:
Intellectual Property Right Awareness: Access and Incentives - To create awareness of the economic, social and cultural benefits of intellectual property rights in all sections of the society. Creation of Intellectual Property Rights - Fostering the creation of intellectual property rights. Statutory and legislative framework - adopting strong and effective intellectual property rights rules, in order to maintain a balance between authorized individuals and large public figures. Administration and Management- Modernize and strengthen the services based intellectual property rights. Commercialization of Intellectual Property Rights- Pricing of intellectual property rights through commercialization. Enforcement and Tribunal - Strengthen enforcement and judicial systems to prevent infringement of intellectual property rights. Human resource development- To strengthen human resources, education, training, research capabilities of institutions and to develop skills under intellectual property rights.
Need for amendment
Over time, there has been significant change in cinema, its technology, equipment and even viewers as a medium. The expansion of TV channels and cable network across the country has resulted in many changes in the field of media and entertainment. But the advent of new digital technology has increased the risk of piracy especially with the display of pirated films on the Internet. This causes excessive loss of revenue to the film industry and the government.
The film industry has long demanded that the government consider revising the law to stop camcorders and piracy. On the occasion of the inauguration of the National Museum of Indian Cinema by the Indian Prime Minister, it was announced that camcorders and piracy prohibition would be arranged.
Before this, the Mudgal committee was formed in 2013 and Shyam Benegal committee was formed in the year 2016 to review the movie act and rules and make recommendations.
Mudgal Committee
This committee was constituted on February 4, 2013 under the chairmanship of former Chief Justice of Punjab and Haryana High Court Mukul Mudgal to consider the certification issues under the Film Act, 1952.
Mudgal Committee presented its recommendations on the review of the provisions of guidelines, classification, piracy of films, jurisdiction of Appellate Tribunal and the provisions of the Film Act, 1952, regarding issues such as obscenity and communal hatred, depiction of women and advisory boards. Had been
Shyam Benegal Committee
On 1 January 2016, this committee was formed under the chairmanship of Shyam Benegal to produce a comprehensive framework for certification of films.
While giving this committee a focus on the best practices in the world for film certification and providing adequate space for artistic creativity, procedures and guidelines for the benefit of the Central Board of Film Certification Board, as well as public friendly and unbiased effective framework Build recommendations were to be submitted.
Movie Act, 1952 Approves Amendment
II Decision and Cases - Intellectual Property Rights (IPR) Drama / Theater
Under the chairmanship of the Prime Minister, the Union Cabinet has approved the introduction of the Film Amendment Bill, 2019 for amendment to the Film Act, 1952 (Cinematograph Act, 1952).
This amendment was proposed by the Ministry of Information and Broadcasting.
The purpose of the proposed bill is to stop the film's literary theft / Piracy and to include punitive provisions against unauthorized camcorders and duplication of films.
Proposed amendment
New Section 6AA to Prevent Unauthorized Recording
After Section 6A of the Film Act, 1952, another Section 6AA will be added.
According to this section, "In spite of any other applicable law, any person can use any audio visual record tool without the written permission of the author to help broadcast or disseminate any film or any part thereof Will not be allowed
"Here the meaning of the author is similar to the interpretation given in sub-section-D of Section 2 of the Movie Act, 1957."
Amendment to Section 7
The purpose of amendment in Section 7 is to include penal provisions in violation of the provisions of section 6AA. Sub-Section-1A will be added after sub-section 1 in section 7 of the main act.
According to this, "If a person violates the provisions of section 6AA, he can be sentenced to up to 3 years of imprisonment or up to Rs. 10 lakh fine or both."
Benefits of amendment
The proposed amendments will increase the revenues of this industry, employment will be created, the main objectives of India's National IP Policy will be fulfilled and relief will be given in case of copyright infringement of piracy and online content. .
National Intellectual Property Rights Policy
The Union Cabinet approved the National Intellectual Property Rights Policy in May 2016.
Under this policy seven goals have been set which are as follows:
Intellectual Property Right Awareness: Access and Incentives - To create awareness of the economic, social and cultural benefits of intellectual property rights in all sections of the society. Creation of Intellectual Property Rights - Fostering the creation of intellectual property rights. Statutory and legislative framework - adopting strong and effective intellectual property rights rules, in order to maintain a balance between authorized individuals and large public figures. Administration and Management- Modernize and strengthen the services based intellectual property rights. Commercialization of Intellectual Property Rights- Pricing of intellectual property rights through commercialization. Enforcement and Tribunal - Strengthen enforcement and judicial systems to prevent infringement of intellectual property rights. Human resource development- To strengthen human resources, education, training, research capabilities of institutions and to develop skills under intellectual property rights.
Need for amendment
Over time, there has been significant change in cinema, its technology, equipment and even viewers as a medium. The expansion of TV channels and cable network across the country has resulted in many changes in the field of media and entertainment. But the advent of new digital technology has increased the risk of piracy especially with the display of pirated films on the Internet. This causes excessive loss of revenue to the film industry and the government.
The film industry has long demanded that the government consider revising the law to stop camcorders and piracy. On the occasion of the inauguration of the National Museum of Indian Cinema by the Indian Prime Minister, it was announced that camcorders and piracy prohibition would be arranged.
Before this, the Mudgal committee was formed in 2013 and Shyam Benegal committee was formed in the year 2016 to review the movie act and rules and make recommendations.
Mudgal Committee
This committee was constituted on February 4, 2013 under the chairmanship of former Chief Justice of Punjab and Haryana High Court Mukul Mudgal to consider the certification issues under the Film Act, 1952.
Mudgal Committee presented its recommendations on the review of the provisions of guidelines, classification, piracy of films, jurisdiction of Appellate Tribunal and the provisions of the Film Act, 1952, regarding issues such as obscenity and communal hatred, depiction of women and advisory boards. Had been
Shyam Benegal Committee
On 1 January 2016, this committee was formed under the chairmanship of Shyam Benegal to produce a comprehensive framework for certification of films.
While giving this committee a focus on the best practices in the world for film certification and providing adequate space for artistic creativity, procedures and guidelines for the benefit of the Central Board of Film Certification Board, as well as public friendly and unbiased effective framework Build recommendations were to be submitted.
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