Hi Rajesh, You are right. Section 32 comes into play in instances where Section 52 does not apply.
Rahul On 12 March 2010 11:16, Asudani, Rajesh <rajeshasud...@rbi.org.in> wrote: > No, George, I don't think so. > Section 52)1 ZA), I think lays an exemption from copyright, and section 32 > about compulsory license comes into play when that exemption is not > applicable to a book, meaning that reproduction is in a form other than > contemplated in section 52. > Anyway, I require a detailed brief to comment any further. > > > Regards > > "Perhaps our role on this planet is not to worship God-- but to create > Him." > > --Arthur C. Clarke > > (Rajesh Asudani) > > Assistant General Manager, > Reserve Bank of India > Nagpur > 09420397185 > O: 0712 2806676 > Res: 0712 2591349 > > > > > -----Original Message----- > From: accessindia-boun...@accessindia.org.in [mailto: > accessindia-boun...@accessindia.org.in] On Behalf Of George Abraham > Sent: Friday, March 12, 2010 10:18 AM > To: accessindia@accessindia.org.in > Subject: Re: [AI] regardin copywrite issue > > plus, every time you need a book it seems that we have to apply for a > license. > > ----- Original Message ----- > From: "rahul cherian" <rahul.cher...@inclusiveplanet.com> > To: "raghuraman" <thinkdontbl...@gmail.com>; > <accessindia@accessindia.org.in> > Sent: Friday, March 12, 2010 9:58 AM > Subject: Re: [AI] regardin copywrite issue > > > Dear Raghu, > > After much campaigning by rights groups and a meeting that we had with Mr. > Kapil Sibal, the HRD Ministry has proposed the following wording for the > copyright amendment: > > > > *Section 52 (1) (za)**: The reproduction, issue of copies or communication > to the public of any work in a format, including sign language, specially > designed only for the use of persons suffering from a visual, aural or > other > disability that prevents their enjoyment of such works in their normal > format.* * > > Section 31B (1):** An organization, registered under section 12A of the > income tax act, 1961 (act 43 of 1961) and working primarily for the benefit > of persons with disability, and recognized under chapter X of the persons > with disabilities (equal opportunities, protection of rights and full > participation) act, 1995 (act 1 of 1996) may apply to the Copyright Board, > in such form as may be prescribed, for a compulsory license to publish any > work in which copyright subsists for the benefit of such persons, in a case > to which clause (za) of subsection (1) of section 52 does not apply, and > the > Copyright Board shall dispose of such application within three months.* > > *(2) The Copyright Board may, upon receiving an application under > subsection > (1) inquire, or direct such inquiry as it necessary, to establish the > credentials of the applicant and satisfy itself that the application has > been made in good faith. > > (3) If the Copyright Board is satisfied, after giving to the owners of > rights in the work a reasonable opportunity of being heard and after > holding > such inquiry as it may deem necessary, that a compulsory license needs to > be > issued to make the work available to the disabled, it may direct the > Registrar of Copyrights to grant to the applicant such a license to publish > the work. > > (4) Every compulsory license issued under this section shall specify the > means and format of publication, the period during which the compulsory > license may be exercised and, in the case of issue of copies, the number of > copies that may be issued. > > Provided that where the Board has issued such a compulsory license, it may > on further application and after giving reasonable opportunity to the owner > of the rights, extend the period of such compulsory license and allow the > issue of more copies as it may deem fit. > > (5) The Copyright Board may specify the number of copies that may be > published without payment of royalty and the fix the rate of royalty for > the > remaining copies.* > The abovementioned amendment is flawed for the following reasons: > > > > i. *Use of special formats:* The exception extends only > to "specially designed" formats such as Braille and would really benefit > only a part of the disabled community. Those affected by dyslexia, cerebral > palsy, low vision and other physical disabilities and the late blind would > require audio, reading material with large fonts and electronic texts. As > these are not formats specially aimed at a disabled group they're not > included in the exception. In other words, more than half of India's > disabled would be forced to pay royalties to merely access the information > that is freely available to those persons who can work with special > formats. > This violates the guarantee of equality under Article 14 of the > Constitution > of India, since it discriminates between those persons with disabilities > who > are able to work with special formats and those for whom the special > formats > make no sense. Even otherwise, by failing to institute a meaningful > copyright exception that would enable access to many educational materials > by the disabled, the State has failed in its duty to guarantee a meaningful > right to life guaranteed under Article 21 of the Constitution of India. > > > > ii. *Provision to extend only to organizations primarily > working in the field of disability: *Even upon payment, compulsory > licensing > of the copyrighted work is permitted only to those organizations working > primarily for the benefit of the disabled. Not only does this exclude > educational institutions such as Delhi University, Xavier's College Mumbai, > Loyola College, Chennai and many other universities which have resource > centres and courses especially to cater to the needs of disabled students > from carrying on their activities, but it shuts out the avenue for disabled > persons to turn to other sources of getting accessible information, such as > self help groups, voluntary services run by corporates which undertake such > activities as part of their CSR initiative, as well as all other local > groups who are not primarily disabled-oriented from obtaining a license to > the work. It also denies disabled individuals to directly convert works and > access them. > > > > iii. *Delay and loss of crucial time for students:* It is > quite unacceptable that students may have to lose out on academic years due > to the expected waiting period for permissions, which would be followed by > a > waiting period for conversion after obtaining permission. At the present > this has already been happening for years. But if the amendment slashes > down > the already limited resources by disallowing academic institutions and > voluntary sector from undertaking conversions, then the burden on the > organizations would be too much for them to successfully manage the timely > dissemination of accessible books, resulting in a complete collapse of the > system. Waiting periods, even if for upto two months, would go a long way > in > slowing down progress of children. > > > Rights groups are working together to see what options are available to > change the proposed wording so that it addresses the legitimate concerns of > persons with disabilities. > > Best regards, > > Rahul Cherian > InclusivePlanet.com > > On 12 March 2010 09:12, raghuraman <thinkdontbl...@gmail.com> wrote: > > > friends i have already asked about the copywrite issue. > > but i havent so far recieved any info on this regard > > could someone tell whether there is any development in this issue > > also i heard that we couldnt use our concession in torento sathapthi and > > garibrath trains. > > are there steps taken from our side to make this available? > > please tell. > > cheers raghu > > > > > > To unsubscribe send a message to > > accessindia-requ...@accessindia.org.inwith the subject unsubscribe. > > > > To change your subscription to digest mode or make any other changes, > > please visit the list home page at > > > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > > > To unsubscribe send a message to accessindia-requ...@accessindia.org.inwith > the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, > please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > > > To unsubscribe send a message to accessindia-requ...@accessindia.org.inwith > the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, > please visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > Notice: This email and any files transmitted with it are confidential and > intended solely for the use of the individual or entity to whom they are > addressed. 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