Achkan
Surname first submitted by: Anil Kaul
Kashmirpedia
Comments
8NNJNn06jbb says In my view the authors sholud consider challenging the amendment as well. Maybe the impact of the Amendment has not yet hit the authors as the societies are yet to be formed/ get themselves re-registered. But it won't be long before they realize that the Amendment is just a camouflage to protect their rights. The object of the Amendment was not to increase the cost/ expenses of any particular section of the industry but to ensure a fair distribution of the money amongst the authors and owners/ assignees of works. However the legislature has failed to realize that except for a handful of authors who would have the capacity to bargain with the producers, majority of authors would suffer as a result of this Amendment, reason being, a lump sum consideration is a fixed consideration whereas royalty payment is a variable which would depend upon various factors such as utilization of the work on different mediums, success of the work, timely payments by the copyright societies, etc. I hope they realize the violation of their fundamental right under Article 19 (1) (g). It would be interesting to see the challenge by Bharat Anand (producer). I hope that in addition to Sections 17,18,19 and 30, he would have challenged Section 33 and 38A as well. Radio and television broadcasters, DTH operators, other end user operators too would have a good challenge with respect to Section 18 provisos and corresponding sub-sections under 19 as there appears to be no intelligible differentia which distinguishes the owner of cinema hall from other people who exploit the work and are required to pay royalties for exploitation of the work.It is however surprising that no one has noticed the most benefited group in this Amendment. The explanations given under Rule 68 of the Copyright Rules make it clear that the performers are bound to derive huge benefits from the Amendment as and when the performers' societies are formed. In any case they are highest paid lot. Fail to see here the nexus with the object of the Amendment. I believe these amendments were only carried out to make the Act in consonance with the Wipo Audiovisual Performances Treaty without even considering the necessity of it in the Indian scenario.It is unfortunate that the Amendment has left scope for so many misinterpretations and ambiguities. Worst being the amendments under Section 17. The brunt of the legislative failure will be borne by all sectors in the industry.

Comment was made 2 years ago
Ashok says Achkan means a coat with buttons up to the top. Typical kashmiri laqab which stuck

Comment was made 7 years ago

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