The Touch of ‘Jadoo’ in the Copyright (Amendment) Act, 2012: Assessment of the Amendments to Sections 17, 18 and 19

The Touch of ‘Jadoo’ in the Copyright (Amendment) Act, 2012: Assessment of the Amendments to Sections 17, 18 and 19

Volume 5 Issue 4 ()

The Copyright (Amendment) Act 2012 resulted, in part, from concerted lobbying by composers/lyricists to foster a more equitable sharing of royalties by Bollywood producers and others in the entertainment business. The efforts resulted in the recognition of their right to equitable sharing in the royalties, primarily in the form of amendments to § 17, §18, and §19. This paper seeks to assess these provisions and their likely impact. By highlighting the existing lacunae in law, the author posits possible interpretations that would aid in the realization of the objectives of the amended provisions to a considerable extent. Towards that end, the inter-relation between these provisions is also elaborated on. The pivotal role of the new proviso in § 33(1) is also discussed. The paper also assesses whether the application of these amended provisions will be retrospective, prospective, or retroactive in nature

Cite as: Udit Sood, The Touch of ‘Jadoo’ in the Copyright (Amendment) Act, 2012: Assessment of the Amendments to Sections 17, 18 and 19, 5 NUJS L. Rev. 529 (2012)