So, why are we thinking of imposing some control over the foreign agencies who want to pirate our intellectual property? We are putting in the Act that we are to abide by the Acts of the foreign countries. Is there not a basic contradiction? The cat is now out of the bag. What is the real intention of this amendment?

I stand to oppose it. We oppose it but we know that our opposition will not stand in this House. We know that with their brute majority, my respected colleagues sitting on your left and right, will pass it by vote. But I appeal to the patriotism in all the Indians present here. I appeal to the nationality of all Indians present here to think twice, before they go by the dictum of their Parties, whether we will save the intellectual integrity and sovereignty of our country or not.

We have signed off many things.

In the name of WTO and such other things, we have surrendered our economy our underground treasuers. The point is, our intellectuals, right from Mira Bai, Rabindra Nath Tagore and Satyajit Ray, have produced quality literature, cinema and films of international standard. Now, in the garb of protecting the Indian interest, the Government seeks to bring an amendment which will be in the interest of US traders and US industry. That is why, we oppose it. I feel, if you compare any Indian product for its value and quality, it will always be richer than its counter-product in foreign countries. I will conclude my speech with a quotation from great Rabindra Nath Tagore:



"I do not know whether you have the treasures of an empress, but I feel relieved when I lie on your lap."

I am proud, we are born in this country. I am proud to be born in mother India. I am proud to be born as an Indian. I am proud to die as an Indian, an Indian of an independent India and not the India which my friends on your right or left want to make it. With these words, I conclude my speech.

SHRI P.H. PANDIYAN (TIRUNELVELI): I will make a brief submission about the Copyright (Amendment) Bill, 1999.

Sir, section 40 of the Amendment Bill aims at protecting the broadcasting organisation and performers from foreign country. We are benefitted by the broadcasting organisation and the performers. What Copyright are we going to impose on our organisation? How either our performers or the films are being protected from exhibited in a broadcasting organisation outside the world? It aims at protecting the broadcasting corporation and performers as if they have performed in India. It is in respect of the territorial jurisdiction or the global jurisdiction. No doubt, it aims at the globalisation of the broadcasting organisation and the performers but it shall apply to broadcasting organisations whose headquarters is situated in a country to which the order relates or the broadcast was transmitted from a transmitter situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India.

This creates a doubt in our mind. It is our feeling that our films after being directed and produced by our Indian Directors and Producers, are first transported or exported to foreign country and the first viewers of our films will either be in the Gulf, Singapore or other Asian countries. We are not able tO protect our producers, directors and artists. The market in India falls down because before coming here our films are being exhibited in foreign countries.

It is being video-taped; it is being sold in the market there; it is also being imported into India. Our films have been transported to foreign countries, video-taped and they are coming back as if they have been produced in those countries. Where is the protection for this kind of infringement of right? If it is a local Copyright violation, Section 40 of the principal Act will govern it. But there is a flagrant violation, there is a usual violation and there is an ordinary violation in today's Indian film industry.

Section 42A says:

"If it appears to the Central Government that a foreign country does not give or has not undertaken to give adequate protection to rights of broadcasting organisations or performers, the Central Government may, by order published in the Official Gazette, direct that such of the provisions of this Act as confer right to broadcasting organisations or performers, as the case may be, shall not apply to broadcasting organisations or performers..."

This provision will not have local relevance. No doubt, it is to protect the Intellectual Property Rights. No doubt, India is a party to WTO. No doubt, right from 1957 this Copyright Act has not protected the broadcasting organisations and performers. But, after the signing of the WTO Agreement, will it protect the Indian performers and the Indian broadcasting corporations? Normally, before we get our news through AIR, people are able to get the news from BBC. Before the telecasting is done in the local TV, foreign TVs collect and disseminate information. So, as such this Bill is aimed at protecting the rights of the broadcasting organisations. Though it is a welcome measure, though it is an advance measure, though it is a needed measure today, there should be an enforcement mechanism to protect the Indian interest in the broadcasting organisation.

Yet another thing is, yesterday only we deliberated on the Prasar Bharati Act as to what are its shortcomings, whether it should be there at all, etc. In the same way, we have an autonomous corporation that we needed. We want an autonomous corporation. Are the broadcasting organisations in those foreign countries independent themselves? Are they subjected to Government control? Do they belong to individuals? In Malaysia and Singapore the position is totally different. Some TVs take films here; they go to Philippines or Singapore and telecast them from that place. So, the law of that country will not apply to them. The local laws will apply to these broadcasting corporations. So, I appeal to the Minister for Human Resource Development - it needs no human resource - to look into this aspect.

Sections 40A and 42A are inserted to honour our commitment at WTO. It is beneficial to the nation, I know. But, whether this amendment is going to protect our future generation, the future of our country for another 25 years, is the big question. You have signed it for 50 years. From twenty-five years, the words `fifty years' shall be substituted -- amendment No.38. Within twenty-five years where are we? What is the fate of our country?

What is the protection that we are going to get from other countries? So, I appeal to the Government - the Minister is here - to put certain safeguards. We have not moved any amendment because WTO Agreement is there. We are not going to oppose it. We are not against the Agreement. We want the Agreement and those amendments. We want India to be developed. We want India to be a powerful nation and to compete with other countries. But these safeguards should have been incorporated in Sections 40 (a) and 42 (a).

So, I appeal to the Minister to protect our Indian broadcasting agencies, to protect our Indian film industry, to protect our Indian performing artistes, Indian artists and Indian culture, not to be exploited by any other foreign country and not to be benefited by those countries. In whatever we do, we should eat the cake. We are not here to make the pound-cake and they are not there to eat the cake. So, I appeal the Minister to incorporate these suggestions or at least amend the Statement of Objects and Reasons and protect the nation from violation of copyright by any other foreign broadcasting corporation or agency.

With these words, I support the Bill as it is in the interest of the country and as we also want to go on a global line.

Ҧ> E ɽɱ (ɱMƴ) : ɦ{i ɽn, +{x Z x E ɨɪ n, =E ʱB +{E +ɦɮ * +n ʺɡ +xV Vxn xɽ i* =E ʱB Mi, xi + Sx ɽi Vɰ * ɽɮɹ] nx䶴ɮ xɨ E Eʴ l* [ɮ xʺE Eֺ֨ɮV +OV BE Eʴ l* ɮ` =xE Eʴi xi * =xx E -

"V ɺx ɪֺM,

+bx ʦi,

+xx +< Ec +ɨS,

ni Ji,

Mɴ E iֺ Sɴc +vɮi,

i iֱ Ei +JS,


1542 V ( {.BS.{bx {`ɺx B)

=xx E l <pVi Jɱ nҴɮ , = ic nVB + nVB E Vxn x iE cM* B-B Eʴ B * ɤx xɨ E BE ɽx֦ɴ l* h |i{ ʺƽ E ɮh ɤ M MB Ex xɽ MB EE =xE {ɺ BE Mɪ l* =xx = V-V E - h V, h V, +Eɮ E {ɺ ɱɨ Ex xɽ Vx* ɮi B +SU Eʴ l, MɪE l, xiEɮ l* < ɮ Sx SʽB* Zɺ {ɽ ix-Sɮ xxҪ n x ɽi +SU i i< * < ʴvE E ɨlx Ex E ʱB Jc xɽ + , ʴɮv Ex E ʱB Jc + * B Mi E ɽ ʴvE ɮi E +ɱ ƺEi E ʤMcx ɱ * <ix Ex E Oɨ ʴɦM + +SU-+SU M * ɽɮɹ] V =xE ʴv n n * < ʤɱ =xE ʴv nx E ɮ +{x S , ɽ i S * Ex Mƴ V Eʴ, xiEɮ , =xE M`i E + ֮I |nx E, ɽ |lx * < ʴvE E ʴɮv Ei *

b. Pִƶ |ɺn ʺƽ (ɱ) : ɦ{i ɽn, xxҪ j V x ʴvE |ɺii Ei Ei ɽ nɴ E E {ɽ 25 ɹ E{Ү<] E +v l, + =E 50 ɹ E * <ɺ B Mi E +SxE <xE n JE E |i ɽ E EEɮ E |i ɽx֦i c ɮ ɨlx =c +ɪ , Ex B xɽ *

Z Sxi + x E ʱB =iE xɽ l, Ex xxҪ xɴ ƺvx ʴEɺ j b. ֮ x V V E bE |ɺiɴ + b.].+. E Jɱɡ Vix ɪx , ʮEb i xɽ ɪ , xɽ i ɤ {g ni*

... (ɴvx)

b. ֮ x V : Ei E = Vɰ {g*

b. Pִƶ |ɺn ʺƽ : ʮEb xɽ ɪ, Ex +{E n E ni E <xE =ɺ ɮ ʴɮv l* + V ɮEɮ j - V V + VV ɽ - <x nx E ɮ ʴɮv l, b.].+. + n E <]ES+ M, Eʤɱ M, +lǶɺjɪ, nM ɱ M, c l ɱ M E ʱB + ɤ M Ei l E b.].+. +ɪM i n E c ɮ xEx M*

<ɨ ]{ , ]b ʮ]b <]ES+ |{] <], ]Ũ , ]b ʮ]b <x]] Vɺ + M] , Vxɮ BOҨ] +x ]b <x ʴǺV* =q䶪 <xx E E b.].+. E BOҨ] E Jb 14 E iʤE, =E |h , =E nɴ ɽ ʴvE +ɪ i < iɮ E ʴvE E E ɨlx E Ei * <xx ɽ nɴ xɽ E E +{x +Vn + +{x ʴSɮ + >S S <E M E * <E b.].+. E BOҨ] E iʤE ɪ , Vɺ b.].+. E Jɱɡi Ei + Ei E ɽ ɮ ɨx Jiɮ *

]b ʮ]b <]ES+ |{] <] {]] Exx E j ɮx ɽ ` B - ʺB] ʴɮv EE +ɪ , Ex ʡ ]b E + E{Ү<] E Exx BM* ɽ ɤ b.].+. E ʽɤ * +V c ɮ EEɮ E ʽi *

ɮ ɽ i c-c EEɮ B * ɽEʴ Eʱnɺ x `+ʦYx Exiɱɨ' `Pִƶɨ' V ɽEɴ E Sx E* V ʴux M , nJi-{gi , Ei E E{ɪɮ x V x]E + SxB ʱJ , =x {ɮ Eʱnɺ E U{ * ʡ Eʱnɺ E >S< iE E{ɪɮ {ɽS {ɪ E xɽ {ɽS {ɪ, < {ɮ iɦn * ɽEʴ iֱɺnɺ V ɨSʮi xɺ, ɽɦɮi, Mi, ʴ ɤ E MiVʱ V ɤ SxB <, E = ɨɪ E{Ү<] l? n + nxɪ |Sɮ + E EEɮ E +{ c ɮ nn Ex ɱ B , <ʱB < ʤxn E >{ɮ ɮ c ɮ ʴɮv * ɽ b.].+. E iʤE + ɮ n E ʽi xɽ * =E Ex E iʤE < n E ɴǦ ii E Jiɮ bɱx E Eɨ E * ɽ +{x x xɽ E M* = ɨɪ + j {n {ɮ +x {ɮ n E E , n E E S Vi , ɽ nJ + nJE +ɶSɪSEi E < iɮ V ɽ ʴn E M E ] E, V c-Tg ʴEʺi ֱE , iEiɴɮ ֱE , =E ] E, = iɮ E Exx ɽ xE ɽ ʽxnֺix xʺE MɮҤ {n Ex E, xicE, nMicE Eɨ ɽ ʴvE E E * ʺɡ ɽ ʴvE xɽ +ɪ , + V bV<x ɱ ]b E ʤɱ , M ɱ ʤɱ , ɽ + VɪM*

ɽ ɮ b.].+. E Vɶ * =E Jiɮ ɨɱ g * ɱ E <b]V ɱ ]E E ʴn ɺi ɱ ɽ + * xiҶ V = nx ʴvɴ ʴɱ{ E l E ɽ EҨb ʨɱE {=b + , E xɽ { * ɽ E Ex ʴn ɱ {ci *

E |ɺn Vɪɺɴɱ (ɮhɺ): nv ɱ i +{x 1995-96 {ɺ E l*

MR. CHAIRMAN : Do not have direct talks. Address the Chair.

... (Interruptions)

MR. CHAIRMAN: Hon. Member cannot raise it like that.

... (Interruptions)

MR. CHAIRMAN: First, you should get permission from the Chairman.

... (Interruptions)

MR. CHAIRMAN: No, no; you cannot raise a matter in the House like that. Why should I sit here?

b. Pִƶ |ɺn ʺƽ : 1995-96 xɽ +ɪ, 1996-97 xɽ +ɪ, 1998 g 16 J ]x +ɪ* V + M {ɮ +{x +ɪi ֱE gɪ , < iɮ nv {ɮ E xɽ E * Z +ɶE E Ei M ʨɱ VB, Ex V Mƴ E Ex , MɮҤ , xi Ex ɱ Vnڮ , n B ʹi M , =xE ʱB M , =xE +ɴV =`BM* ɽ ֱE 100 Ec M E * x {ɽ E l E nxɪ E U` ʽ ɽ i * b.].+. ɱ ɮ x icx E Eɨ EM* ɽ {ɮ E Mɪ E ʽxnֺix +Mɮ b.].+. xE VBM i ɽ n Ji VBM* B xɽ , ʽxnֺix

E Uc E b.].+. xɽ Sɱ Ei* <ʱB +{ 100 Ec M E ɹ * ɽ V ɨx x V , ɮx ɽ E SʽB E n E M E ɹ + =x E nx E Vɰi xɽ * ʽxnֺix E MɮҤ M E I E ʱB +{E EU Ex SʽB* Ex {ڮ ɮ xɽ E M EU EM, Mi M ɽ P]x ]E nM*

{ɪɱ] V E Ex Sɽi E +lE ɨɱ E +{ nJ* n E +lE xi c-c {V{i + vxx ` iɪ E * +x E xɨ +ɪ, VV E xɨ +ɪ, <x ɤE +lE ɨɱ E ʱE < ɮEɮ x x n * <ix c M +ɨ M E E xM*

E |ɺn Vɪɺɴɱ : nv ɱ ɨɱ i +{ Eɮ EM E +{E ɨɪ +ɪ l*

V {ɪɱ] (n): ɽ E , ɽ 1998 +ɪ l*

... (ɴvx)

ɮ Vɨx M +ɪi E {ʱɺ Jֱ l, Ex x E xɽ, +{x +ɪi E*

E |ɺn Vɪɺɴɱ : nv E Eɮɮ Ex ɱ BVʺɪ x nv Mɪ, ɮEɮ x xɽ Mɪ*

MR. CHAIRMAN: Hon. Member, please sit down.

... (Interruptions)

MR. CHAIRMAN: I disallow it.


MR. CHAIRMAN: This is not the procedure. Kindly address the Chair.


* Not Recorded.

b. Pִƶ |ɺn ʺƽ : n bɮ ɮEɮ E +vx , =x +ɪi E* = V xɽ +, < V + * V {V{i , V ɱ] xxʱɺ] , <xE V +x =xE { ɮ M< * ɽ Ei - < ɪ Eiɴɱ, + b Eɽ E* vxx ` <xE V +M + * <ɺ ʽxnֺix E xiE, Ex + MɮҤ E ɱ xɽ M* j V +{ i {֮x n +nxEɮ , +{x bE + b.].+. E Jɱɡ +nx EB , =E n E* E{ <] + ]b E E bV<x, ɤ ʤɱ b.].+. E <ɮ {ɮ * Ex Sɽi E b.].+. uɮ bE]] E< Exx ɽ {ɺ xɽ x nM, =E ʴɮv EM* Vɺ SV +ɨ ʽxnֺix E + n E +ʺi E Jiɮ M, =E b]E ʴɮv EM*