Centre for Internet and Society

country

praskrishna — 2012-06-25T05:53:38Z

For more details visit https://cis-india.org/home-images/country.jpg

Countering US pressures on India’s IP regime

praskrishna — 2014-12-07T12:20:36Z

Anubha Sinha attended a meeting organized by Lawyer's Collective on "Countering US pressures on India’s IP regime" on November 16, 2014.

Medecins Sans Frontieres, Third World Network, Zakir Thomas, Mira Shiva and a few others also participated. One of the action points was responding to the call for comments issued by the DIPP on formulating a National IPR Policy. All Civil Society members present agreed to make submissions based on their sectoral area of expertise. CIS will also make a submission in this regard.

The tentative date for the next meeting is December 6, 2014. Minutes of the meeting can be downloaded here.

For more details visit https://cis-india.org/a2k/news/countering-us-pressure-on-indias-ip-regime

Countering US Pressures Meeting (1)

praskrishna — 2014-12-07T12:18:40Z

For more details visit https://cis-india.org/a2k/blogs/countering-us-pressure-meeting.pdf

Counter Surveillance Panel: DiscoTech & Hackathon (Flyer)

praskrishna — 2014-02-24T21:29:51Z

For more details visit https://cis-india.org/internet-governance/blog/counter-surveillance.pdf

Counter Surveillance Panel: DiscoTech & Hackathon

praskrishna — 2014-02-28T05:36:15Z

We invite you to a Counter Surveillance DiscoTech and Hackathon at the Centre for Internet and Society in Bangalore on Saturday, March 1, 2014 (9.00 a.m. to 5.00 p.m.). The event is being co-organized by the Centre for Internet and Society in tandem with the MIT Centre for Civic Media Co-Design Lab, with support from members of Tactical Technology Collective, Hackteria.org and Srishti School of Art Design and Technology. Registrations begin at 9.00 a.m. The event shall close with a featured talk by renown information activist and maker lab innovator Smari McCarthy, titled "Privacy for Humanity" at 5.00 p.m.

Overview

Mirroring the call by MIT Civic Media Lab Co-Design Studio, this event brings together students, technologists, designers and citizens to explore counter-surveillance strategies. The event will be held simultaneously across various locations including Boston, Palestine, Lisbon and Buenos Aires. Click here for the definition of DiscoTech.(Discovering Technology)

Agenda

We shall begin with brief contextualized introductions catalyzed by researchers in the field of privacy & surveillance, followed by workshops and hackathons led by expert practitioners. Participants are welcome from diverse backgrounds looking to be involved in designing engaging and creative ways to counter surveillance. The event shall close with a featured talk by renown information activist and maker lab innovator Smari McCarthy , titled "Privacy for Humanity" at 5.00 p.m.

Introductory Catalyst Sessions

Malavika Jayaram: Fellow at Berkman Center for Internet and Society at Harvard University and the Centre for Internet and Society, Bangalore
Laird Brown: DesiSec Project at the Centre for Internet and Society, Bangalore and University of Toronto
Kaustubh Srikant: Head of Technology, Tactical Technology Collective and Maya Indira Ganesh (Program Director)
Abhay Raj Naik: Assistant Professor, Azim Premji University

Design and Hackathon Lead Catalysts

Yashas Shetty:Faculty@ www.srishti.ac.in and Co-Founder Hackteria.org (DNA Spoofing, Surveillance Camera: Avoidance, Microscopic Re-Appropriation & Bacterial Discotheque)

Hari Dilip Kumar: Co, Founder, FluxGen: (Introducing data transmission protocols, Software Defined Radio (SDR) design and surveillance detection )

Sharath Chandra Ram: Researcher @ CIS Open Lab and Faculty@Srishti (Civic Media solutions using open citizen networks and the web, spectrum scanning, visual communication design strategies, finger print mash-up publishing)

Featured Talk and Interactive Closing Session by Smari McCarthy

(Executive Director, International Modern Media Institute and Founder, Icelandic Pirate Party & Icelandic Digital Freedom Society)

Title of Talk: PRIVACY for HUMANITY - 5.00 p.m.

Click to download the flyer invite
Date: Saturday, March 1, 2014
Time: 9.00 a.m. to 5.00 p.m. (Registration 9.00 a.m. sharp)
Venue: Centre for Internet and Society, Bangalore
Map : http://bit.ly /1fcDDLG

Please RSVP due to limited space and logistics for lunch and refreshments

For more details visit https://cis-india.org/events/counter-surveillance-panel-disco-tech-hackathon

Could better DNA testing facilities in India have saved the Talwars?

praskrishna — 2012-10-11T09:44:30Z

Over the last decade, the use of DNA tests to solve crimes has seen a significant rise in crime investigation in India. But forensic experts warn that the absence of standard practices, quality checks and regulation has resulted in irresponsible and inaccurate application of the technology.

This article by Pallavi Polanki was originally published in FirstPost on October 11, 2012. CIS press statement is mentioned.

The use of outdated technology and lack of expertise to competently collect and analyse DNA samples from the crime scene has compromised investigation and led to instances where courts have rejected DNA evidence as being unreliable or inconclusive.

Says GV Rao, DNA analyst and formerly chief staff scientist at the Hyderabad-based Centre For DNA Fingerprinting and Diagnostics (CDFD), “Today we are very much behind the rest of the World in upgradation of technology as required…Further, the backlog of cases is quite large in each of the DNA labs in India and not much is being done about it. Still we have not obtained or adopted the DNA techniques to identify difficult samples. The recent example of Bhanwari Devi case, where the CBI had to send the victim’s bones to FBI, USA for identification to get it identified. This is a sad reflection of the present status of DNA technology in India.”

Most recently, the demand for more advanced DNA tests to be conducted was unsuccessfully made by dentist couple Rajesh and Nupur Talwar, who have been charged with the murder of their teenage daughter Aarushi and domestic help Hemraj.

Perhaps, no other case has so fully exposed the pathetic state of the crime-scene investigation in India. With most of the crucial evidence either destroyed or contaminated due to shoddy police work, the prosecution’s case has come to depend entirely on circumstantial evidence, without a shred of material evidence to support it.

The police force’s lack of expertise to collect DNA evidence was flagged recently by senior scientist at the All India Institute of Medical Sciences (AIIMS) Anupama Raina at a public meeting by the Bangalore-based Centre for Internet and Society on the DNA profiling Bill, in the Capital.

Raina, speaking at the meeting, emphasized the usefulness of the technology but cautioned that the police were still perfecting the use of DNA samples for forensic purposes.

Elaborating on the inadequate training to cops on collecting DNA evidence, Rao said, “In India, there are no special crime case investigators. We have a law and order police station for each area and from bandobast duty to control crowds. It is a tall order expecting them to collect samples. In some states there are special teams which collect samples for DNA testing and then hand it over to the police….Till date none of the DNA labs have made any sample collection kits made available to police stations or other agencies.”

And what after the samples reach the DNA labs?

Painting a rather bleak picture of existing conditions under which many of the DNA labs are operating, Rao says “There is lack of standards, guidelines, accreditation, proficiency testing of the DNA labs and its experts. Each DNA lab is issuing DNA reports in its own style. Each DNA lab is again following different procedures for conducting the test. ”

“No proper records of the tests conducted are being maintained for production in a court of law for its inspection. DNA experts are not being tested for their proficiency in their expertise by a third party and presently they are getting away with such minimal expertise,” he said.

Will the new draft DNA Profiling Bill fix the problems that beset the use of DNA evidence for forensic purposes in India? And what is the context to the draft DNA profiling bill?

“India currently does not have a legislation specifically regulating the collection, use, and storage of DNA samples for forensics purposes. To address this gap, in 2007 a draft DNA Profiling Bill was created by the Centre for DNA Fingerprinting and Diagnostics. In February 2012 a new draft of the bill from the department of biotechnology was been leaked. The draft Bill envisions creating state level DNA databases that will feed into a national level DNA database for the purposes of solving crime.” (Read the full press statement by CIS here)

Raina endorsed the passing of the bill but with necessary safe-guards. The Bill has raised a degree of alarm for its sweeping proposals to collect DNA profiles and create DNA databases – a move experts believe violates the privacy of citizens.

Helen Wallace, director of GeneWatch UK (a not-for-profit group that monitors developments in genetic technologies from a public interest perspective), who participated in the public meeting on the DNA profiling bill, underlined the absence of a clear purpose for the DNA profiling system as proposed by the bill and its lack of clarity on the collection policy that wishes to profile not just those involved in criminal cases but also civil cases.

Jeremy Gruber, president and executive director of the US-based Council for Responsible Genetics, also warned against the bill’s blind faith in DNA results as the gospel truth and ignoring very real possibilities of false matches, cross-contamination and laboratory errors.

Expressing his disappointment with the draft bill, Rao said, “Unfortunately this bill does not provide for standardization, quality control and regulation except for collection of DNA samples of everybody involved in all civil and criminal cases, including suspects… We need standards, protocols, guidelines, amendments to IPC and CrPC for effective implementation of DNA testing.”

For more details visit https://cis-india.org/news/first-post-pallavi-polanki-oct-11-2012-could-better-dna-testing-facilities-in-india-have-saved-the-talwars

Costs

praskrishna — 2011-06-08T12:41:13Z

For more details visit https://cis-india.org/home-images/costs.jpg

Cos spying on competitors, staff: Study

praskrishna — 2012-06-20T08:46:38Z

Most companies are spying on their competitors and their own employees, according to a recent survey conducted by the Associated Chambers of Commerce and Industry of India (Assocham).

The Statesman published this article on June 19, 2012. Sunil Abraham is quoted in it.

The survey's results raise questions about whether employees have enough privacy in the workplace. Rubbishing the survey's findings, head of the Indian Council of Corporate Investigators, Mr Kunwar Vikram Singh, said businesses are not spying but verifying facts.

The Assocham survey said almost 1,200 of 1,500 executives surveyed admitted to hiring people to spy on their employees and monitor their lifestyles. They said they watch former employees, too, especially those who had been laid off or kicked out for fraud.

In the survey, which was done between January and May this year in Ahmedabad, Bangalore, Chennai, the Delhi-National Capital Region and Mumbai, about 900 top industry officials said they carry out corporate espionage, bug the offices of their rivals and plant moles in other companies. About a quarter of respondents said they have hired computer experts to hack networks and track e-mails of their rivals.

Many more respondents — 1,110 of those questioned — said they use social media sites to track their rival companies and employees. “Most of the companies have mentioned their sensitive details including their data, plans, clients’ details, products and other confidential and trade-related secrets on their page and unknowingly share the same in the social media circuit,” said Mr DS Rawat, national secretary-general of Assocham, “which is why it is the most favoured spying activity being carried out by the companies.”

The practice of companies pilfering trade secrets and ideas may be bad for the country's business environment, said Mr Rawat. It “might dampen the spirit of innovation in the long-run,” he said.

The Indian Council of Corporate Investigators’ Mr Singh, however, disputed Assocham's picture of rampant corporate espionage. “I totally deny that corporates are spying on their employees,” he said. “It is not spying. It is verification of facts.”

Mr Singh said that when companies look into their employees or other companies, for example, before they enter into joint ventures, they are just carrying out “due diligence”. He said they legally gather information needed for companies to survive. He also denied there were any privacy issues.

Mr Sunil Abraham, executive director of the Centre for Internet and Society, though, said there are growing concerns about privacy in the workplace, including about intense video surveillance. “Managers started to object to this,” he said. “What they started saying was it really undermines the morale of these locations ... friends and relatives would ask, 'In spite of you being so educated, it's funny your companies don't trust you at all.'”

Companies need to develop more nuanced ways to deal with these problems — perhaps something more similar to the military's multiple levels of clearance — and different ways for people to acquire and lose trust, Mr Abraham said.

Whether or not surveillance is legal, depends on the type, Mr Abraham said. There is some private information a person will expect to remain private, and some information that is expected to be public — like Twitter feeds.

There is no law against monitoring this second type, known as “clear view surveillance”, he said, and blanket legislation could clash with freedom of expression. He said an ideal law for this should include a “proportional relation to power” clause, which would limit the legal ability of the powerful to monitor, but allow individual citizens more leeway.

For more details visit https://cis-india.org/news/co-spying-on-competitors-staff

Corporate push to Modi’s Rs.4.5-billion digital dream

praskrishna — 2015-07-16T02:26:24Z

Prime Minister Narendra Modi’s Rs. 4.5-billion digital dream seems to find favour with the corporate world, which calls it a “very progressive step” and “massive tech push”.

The article by Rakesh Kumar was published in the Statesman on July 13, 2015. Sumandro Chattapadhyay was quoted.

Modi shared his dreams at the recent Digital India Week in the capital and the event saw big names from the business world—Reliance Industries Ltd chairman Mukesh Ambani, Tata group chairman Cyrus Mistry, Wipro Ltd chairman Azim Premji, among others—supporting the initiative.

Showing its faith in Modi’s dream, Reliance Industries is all set to invest over Rs.2.5 lakh crore in the initiative that would focus on cloud computing and mobile applications, empowering every citizen with access to digital services, knowledge and information.

The initiative could boost the IT sector, which according to NASSCOM witnesses a robust growth in 2015, with the calculated revenue for FY 2015 at $147 billion, and a growth of 13 per cent from the corresponding period 2014.

“From an IT perspective, this is a sincere approach to problem solving with growth, realism and long-term transformation at the core,” said Manish Sharma, president, Consumer Electronics and Appliances Manufacturers Association (CEAMA) and managing director, Panasonic India, in an exclusive interview to thestatesman.com.

“Empowering citizens with the use of IT, we believe Digital India is a massive tech push to provide electronic governance and universal phone connectivity across the country,” he added.

CEAMA and Panasonic are willing to contribute to Digital India through technological expertise and commitment.

The Indian information Technology (IT) industry is reportedly pegged at $118-billion and DS Rawat, secretary general, ASSOCHAM, feels the Digital India initiative could be a “game-changer”.

Commenting on PM’s pledge to bring Internet connectivity to all Indians, Rawat told thestatesman.com: “The initiative is possible, provided the implementation of the schemes is done in a mission mode.”

“The business and industry will be the major beneficiary in terms of quality of governance, which is possible through digital initiative. Besides, the industry itself has to prepare to deal with new emerging business models such as e-commerce,” he added.

Modi, at the Digital India launch, said that “e-governance will be quickly changed into m-governance, and ‘M’ does not mean Modi governance, it means mobile governance.”

Both, big corporate houses and small players hailed the PM’s remark.

“It is good initiative for the railway sector in terms of passenger amenities, online procurement and technological up gradation,” said Amit Goel of Aggarwal Engineers in an interview to thestatesman.com.

The company is active in the railway sector.

When asked how Digital India initiative would help small companies, Goel said: “It will help us in many ways. By adopting e-governance, small companies can check and bid for the online procurement and will be able to interact with the concerned department through digital technology.”

Anil Valluri of NetApp India said: “Digital India is one of the most significant transformations the country will witness by eventually connecting over a billion people of India, with technology as its focal point.”

When it comes to IT transformation, cyber security emerges as a vital issue.

Sumandro Chattapadhyay, Research Director, The Centre for Internet and Society (CIS), described the issue of digital security as the key to the “operationalisation and sustainability of the Digital India initiative”. “We expect the government not only to build administrative structures for ensuring cyber-security of the information systems, but also enable legal frameworks for protecting citizens from unlawful and unforeseen abuses of their digital identities as well as their digital assets.” Having said that, he praised the PM’s move, saying it will bring together various existing and new initiatives for building “network infrastructures for expanded public access, electronic governance systems for effective delivery of services, under the national policy umbrella of 'Digital India’”.

Rajiv Kapur, managing director, Broadcom India, pointed out another benefit of the ubiquitous broadband sector, which according to a report, faces certain challenges such as low rural penetration, stagnant data usage over the years and limited broadband services.

“It will help bring parity between the rural and urban India,” he said and added: “Today, we need solutions that allow the majority of rural Indian population to continue to stay at their homes, and not migrate to cities.”

In a knowledge economy, the biggest difference that will make an impact is education.

"Healthcare is another area where having connectivity can make big difference in quality of life," he said.

“E-delivery of governance and services is important for the efficient use of government resources, and allows for collaborative, transparent and more efficient governance," the Broadcom managing director added.

For more details visit https://cis-india.org/internet-governance/news/the-statesman-rakesh-kumar-july-13-2015-corporate-push-modis-billion-digital-dream

Cordon tightens: Rajya Sabha nod to harsh IT rules

praskrishna — 2012-05-24T08:49:10Z

Sunil Abraham and Pranesh Prakash are quoted in this article by Anil Sharma & Aishhwariya Subramanian published in Daily News & Analysis on May 18, 2012.

The draconian intermediaries rules of the Information Technology Act that allows the government to aggressively police the internet and social networking sites such as Facebook and Twitter will continue for some more time as a motion to annul them in the Rajya Sabha was defeated by the treasury benches on Thursday.

The rules that came into effect last year almost became annulled after a determined push from MPs cutting across party lines in the Rajya Sabha on Thursday. However, the government barely managed to scrape through but union communications and IT minister Kapil Sibal conceded that there were problems and promised to call for a meeting to address the concerns of the MPs.

CPI(M) Rajya Sabha member from Kerala P Rajeeve had moved a statutory motion demanding that these rules be annulled as they violated the constitutionally guaranteed right to freedom of expression. Rajeeve received enthusiastic support from the leader of the opposition in the Rajya Sabha, Arun Jaitley, who made a detailed argument against the existing rules. An impressed Jaitley commended Rajeeve for involving Parliament in the process of framing the rules. Jaitley also slammed the government for trying to police the internet but stressed that like other media this could not be controlled. "In fact, if the internet had been there at that time even the Emergency would have been a fiasco," he said.

The members were keen that the motion be put to vote and the numbers in the Rajya Sabha were loaded against the government.

However, responding to Jaitley's suggestion, Sibal assured the house that the concerns of the members would be taken on board. "I request the members to write to me with their specific suggestions. I will take up the matter at a joint meeting with all the stakeholders and arrive at a solution," he said.

This pacified the members and the government ducked a potentially embarrassing situation.

Expressing his dissatisfaction with the minister's reply, Rajeeve stressed that just as there is a provision for withdrawing objectionable content from the internet within 36 hours, there should be scope for restoring it if the original author can justify it.

The debate was keenly followed by free speech activists who have been lobbying for months to get these draconian rules annulled. The Bangalore-based Centre for Internet & Society (CIS) also conducted a major sting operation to prove how absurd these rules are. They sent several fake "take-down notices" to several companies hosting internet sites. The companies went ahead and shut down some blogs and web sites without even bothering to check if the complaints had any merit.

"The trouble with Indian government's proposal to address issues such as network neutrality, privacy and freedom of expression, is top-down. Unlike other countries where internet policies have always been developed with consultation with other stakeholders, here the government imposes its will," said Sunil Abraham, executive director, CIS.

Netizens are concerned about India's bad track record when it comes to censorship and a policy for the internet. Delhi-based Anja Kovacks, from the Internet Democracy Project, feels that many of the concerns voiced by Indian government are justified. "Undoubtedly the internet presents a range of new challenges, in India as elsewhere, that need to be addressed. Many of the concerns the Indian government expresses are therefore also completely justified. But the ways in which it seeks to tackle these problems are not appropriate for a democratic nation." Kovacks believes that the current policy will impair the freedom of speech.

Ironically, while the UPA government is busy clamping down on domestic opinion, it is planning to take a far more liberal stand at an upcoming international conference on running the internet in Geneva later this year. "It is an ironical situation where India is not following domestically what it is proposing internationally," said Pranesh Prakash of CIS.

With the government holding on to its draconian rules, citizens using social networks like Twitter and Facebook or writing blogs will now have to worry about big brother watching over their shoulders.

For more details visit https://cis-india.org/news/rajya-sabha-nod-to-harsh-it-rules

Copyrights Amendment Bill to Be Tabled in Indian Parliament – Parallel Import provisions have Been Removed

praskrishna — 2011-09-14T11:47:37Z

This week, the Indian government’s Rajya Sabha (the upper house of Parliament) will debate the Copyright Amendments Act.

The Centre for Internet and Society has raised a number of concerns – including the removal of parallel import provisions that would allowed universities and libraries to access foreign works more cheaply, the extension of copyright terms beyond those required by the TRIPS Agreement, and the introduction of technological protection measures (with stiff penalties for circumventing them).

CIS describes other provisions in the bill: Fair dealing exceptions have been extended “to all works except computer programs;” the “scope of compulsory licensing under sec 31 has been expanded from ‘any Indian work’ to ‘any work’;” and two provisions have been introduced to allow for the conversion, reproduction, and distribution of works for people with disabilities.

According to Prashant Reddy from the National University of Juridical Sciences in Kolkata, the Parliamentary Standing Committee on that reviewed the original legislation had strongly supported parallel imports of books. In a blog post on Spicy IP, he noted that “publishers routinely introduce old versions of books in India,” and that parallel imports would allow students to obtain newer copies at reasonable prices.

However, a news story in Live Mint reports that the publishing industry “had strongly opposed the amendments.”

This article by Mike Palmedo was published in infojustice.org on September 5, 2011. Read the original story here

For more details visit https://cis-india.org/news/copyright-amendment-bill-in-indian-parliament

Copyright: Access to Knowledge in Free Trade Agreements?

praskrishna — 2015-10-02T03:36:53Z

For more details visit https://cis-india.org/a2k/blogs/copyright-access-to-knowledge-in-fta.pdf

Copyright Limitations and Exceptions for Libraries and Archives

praskrishna — 2016-03-31T16:28:22Z

A two day workshop on Copyright Limitations and Exceptions for Libraries and Archives was organized by MHRD Chair on Intellectual Property Rights, Centre for Intellectual Property Rights and Advocacy, and National Law School of India University in Bangalore on March 4 and 5, 2016. Nehaa Chaudhari spoke in 2 sessions: Exception & Limitations to Copyrighted Works and WIPO Initiatives.

Click to download programme schedule

Nehaa Chaudhari presentations can be accessed here: The Library Exception: Fair Dealing for Libraries and WIPO Initiatives.

For more details visit https://cis-india.org/a2k/news/copyright-limitations-and-exceptions-for-libraries-and-archives

Copyright Law: More Than A Moral Obligation

praskrishna — 2012-08-13T03:59:47Z

It was a cozy and warm atmosphere in a bookstore in South Delhi — with plenty of cushions thrown on the floor — that I attended a delightful book launch for children. The book was displayed prominently, along with some fabulous original illustrations done by the author, from which the book illustrator had been “inspired”. I clicked some photographs with my smartphone. The publishers, based in another city, couldn't attend the event. So, I thought why not mail it to them, they are fraternity. Soon, a newsletter popped into my mailbox from the same publisher, with a lovely write-up of the book launch accompanied by my photographs, but with no acknowledgement given to me. I was disappointed.

This column by Jaya Bhattacharji Rose was published in Business World on August 9, 2012. Pranesh Prakash is quoted.

After pondering over it, I decided to bring it to the publisher’s notice. To me, it was the principle of recognising the IPR (intellectual property rights) of the creator and giving due credit that I felt was at stake here. This was the reply I received, “So sorry. It was a slip up as I had said that you should be acknowledged. But since that is not the usual practice — simply because no one had asked — it was overlooked.” An apology received and accepted. I did not stop at that. I requested that in the next newsletter it should be rectified and on the blog, the photographs uploaded should go with credits.

To explore larger issues surrounding copyright, and for publishers in general, management of copyright is a very important part of their business. In May 2012, the Indian Parliament passed a few amendments to the Copyright Act. (It is still a bill, at the time of writing this column.) A victory to a large extent for the music industry, but it has made very little difference, so far, to the publishing industry. Plus, the debate surrounding Clause 2(m) of the Indian Copyright Act is still an open chapter. As per the clause, a book published in any part of the world can easily be sold here. Thus, diluting the significance or infringing upon an exclusive Indian edition. The Parliament Standing Committee investigating the pros and cons of Clause 2(m), made a “forceful recommendation” for its amendment, but it was not included in the bill. So the HRD Minister has referred it to an NCAER expert committee constituted.

However, another amendment relevant to the publishing industry has been the increase in copyright term for photographs. “This will make using older photographs impossible without hunting down the original photographer,” says Pranesh Prakash, a lawyer and copyright expert and programme manager at Centre for Internet and Society. “So far, things have worked well because sepia-tinted photographs have generally become part of the public domain. But now, only photographs by photographers who died before 1951 are part of the public domain. This has shrivelled up the public domain in photographs since it is even more difficult to trace the photographer (and date of death) than to estimate the age of a photograph, determining whether a photograph is in the public domain is laden with uncertainty. The use of historical photos in books (and Wikipedia) will be badly affected.”

Having been a publisher for years, I tend to be very careful about issues involving copyright. Dig deep and you will find anecdotes that illustrate the crying need for understanding copyright issues. For example, an illustrator submitting files to a reputed art director could be told that the illustrations are not up to mark. Unfortunately, when the book is published, the ‘new’ illustrations are pale imitations of the original line drawings submitted by the illustrator.

Or for that matter, a playwright being asked to create a script, but is never acknowledged or even paid the royalty due since the director believes that the core idea for the play is hers. ‘The playwright merely gave it a form’ is a common retort. Or, a couple of editors discovering their original research (and highly acclaimed globally) has been blatantly plagiarised by a well-known writer and published by an equally prominent publisher. Despite having marshalled all the necessary evidence, the editors are unable to file a case, since the court fee is a percentage of the damages sought and is beyond their reach. So, these cases stagnate with no redressal and the creators are left frustrated and angry.

The core issue is, how many professionals in the publishing eco-system actually know what is copyright or how to exercise their rights? After all, it is only a concept, albeit a legal one, which gives the creator of an original work exclusive right(s) to it for a limited period of time. Establishing and verifying the ownership to copyright is a sensitive issue. A good example of how an organisation can facilitate, disseminate, inform and empower a literary community on IPR and related topics is the Irish Writers Union.

According to their website, it is “the representative organisation for one of the major stakeholders in any discussion about copyright: Irish authors. While we understand that copyright legislation might be a barrier to innovation in certain industries, the IWU believes that any change to copyright law must be managed in such a way as to ensure that no damage is done to Ireland’s literary activity. ...literature earns hard cash for Ireland. Both in the form of its contribution to the €2bn annual gain from cultural tourism and in the considerable revenues deriving from the success of sales of Irish works, Irish publishing and writing is an activity that should not be jeopardised by any legal change that weakens the value of copyright ownership to the creators of original literary works. ...We note that if anything, copyright law in regard to literature should be strengthened to protect rights holders.”

As Shauna Singh Baldwin, a Canadian-American novelist of Indian descent, comments upon the significance of copyright in an e-mail conversation with me, “The breath of the individual creator, his/her imagination and speculation gives life to a work of art. To create something new, you take ideas from many sources, recontextualise them, find unexpected connections between them, and create something new — and beautiful. If we continue to be ashamed of our own imaginations and so fearful of mistakes that we must copy the tried and true, we will never create, only innovate.”

As for the rejoinder and photo credits I had requested for my photographs, the publisher implemented it immediately. And I was glad.

Jaya Bhattacharji Rose is an international publishing consultant and columnist.

For more details visit https://cis-india.org/news/www-businessworld-in-jaya-bhattacharji-rose-august-9-copyright-law

Copyright bill restricts Net access

praskrishna — 2011-04-02T10:21:40Z

Law to curb piracy may fetter creativity

The government introduced the copyright amendment bill in the Rajya Sabha on April 19. The bill gives independent rights to authors, film directors and musicians and makes it difficult for Internet users to access works protected by copyright.

G R Raghavender, registrar of copyrights, said the amendments are necessary as the Copyright Act of 1957 gives minimum protection to writers and artists against commercial exploitation of their works through the Internet.

Under lock without key

But the bill lacks clarity on some aspects. For instance, it introduces technological protection measures (tpms)—locks that restrict access to copyrighted material and help the copyright holder decide how his or her work should be used.

The bill allows users to bypass the lock if it is for a purpose not prohibited by the law, such as research. But for that the user should have the means to unlock the tpm. The bill assumes the users would know how to bypass the lock but that need not be the case, said Pranesh Prakash, of the non-profit Centre for Internet and Society.

The Spanish law, for instance, requires copyright holders to help legitimate users access their work.

Shamnad Basheer, who teaches intellectual property law at the National University of Juridical Sciences in Kolkata, said tpm is an added restriction and not required. “India is not obligated to import tpms into its copyright law as it is not a member of the World International Property Organization internet treaties (the amended bill conforms to these treaties). Raghavender said tpms are a must for curbing piracy.

The bill evoked mixed reactions in the film and music industry. Abhishek Chaubey, director of the recently released film Ishqiya, said the bill would put creative people in a stronger position. But Hiren Gada who runs the production house, Shemaroo Entertain-ment, is against directors getting copyrights. “It is against the fundamental principle of the film business; directors don’t share losses with producers if a film flops,” he pointed out. Dhruv Jagasia, manager of the music band Indian Ocean, said he was not sure if the bill would be implemented effectively as in the US where “cheques arrive by mail if one’s track is played on the radio”.

Print impaired get short shrift

Non-profits working for the physically challenged said the bill does not address certain handicaps. Rahul Cherian of www.inclusiveplanet.com, an online platform for print impaired, said the bill permits conversion of printed material only to special formats like Braille and sign language, not mainstream formats like audio tapes and text with large font size. “There are about 70 million print disabled persons in India. Those affected by cerebral palsy, dyslexia and visually impaired persons who do not know Braille, would need to access material in mainstream formats. The bill does not benefit them,” said Cherian. He added the bill allows only organizations working for disabled to seek licence to publish works in mainstream formats. Educational institutions, self-help groups and physically challenged individuals can’t obtain the licence.

While copyright amendment bill seeks to protect intellectual property, there are people who think it fetters creativity. “Copyright is a fairly recent phenomenon and should not be considered natural. Were that the case, the entire cultural history of humanity would not have occurred,” said Shuddhabrata Sen of the Centre for Study of Developing Societies. Swaraj Paul Barooah, researcher at the Nalsar university of law in Hyderabad, said, “In a developing country like India the emphasis should be on adapting and improvising on the works in the public domain.”

Given the circumstances, should the copyright on Mahatma Gandhi’s works be renewed. The copyright for his writings expired in 2009. Former governor of West Bengal and Mahatma Gandhi’s grandson Gopalkrishna Gandhi said there was nothing to lament. “The expiration of the copyright term should be the beginning of responsible access and use. It would be important in the computer age to use his manuscripts with great responsibility because no one can sue the user under the copyright law,” he said.

The bill has been referred to the standing committee of the Union Ministry of Human Resource Development for vetting.

Read the original in Down to Earth

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