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JIPR Vol.09(4) [July 2004] >


Title:  Neighbouring Rights Protection in India
Authors: Pandey, Sanjay
Keywords: Webcasting
performers’ rights
neighbouring rights
legal regime
trade perspective
Issue Date: Jul-2004
Publisher: CSIR
Abstract:  It is not possible to segregate copyright and neighbouring rights so as to provide a separate legal regime for protection of neighboring rights. International developments in this area of intellectual property have created so much trade interest that World Intellectual Property Organization (WIPO), and World Trade Organization (WTO) stand together on the issues of protection and compel the member-countries to bring their domestic laws in conformity with international commitment that facilitates trade. This shows that neighbouring rights have acquired a status, from which no relegation is possible now, what is left is to move further and devise stringent legal regime to strengthen these intermediary rights. Both the treaties, WCT and WPPT, particularly deal with the use of copyright protected works, performances and sound recordings in digital networks, such as the Internet. Authors, performers and phonogram (i.e. record) producers are granted a broadly worded exclusive right of communication to the public, covering interactive services and delivery on demand. Still a lot needs to be done to cope up with the developing aspects of neighbouring rights. The world looks ahead to WIPO webcasting treaty in order to see a bright dawn of the neighbouring rights protection regime. In this paper, an attempt has been made to highlight and identify protection regime for the neighbouring rights under the Copyright Act, 1957, in India. The paper also explains the concept of neighbouring rights, its Indian context and the protection regime, loopholes and remedies.
Page(s): 356-370
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.09(4) [July 2004]

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