Both WCT and WPPT came into force in 2002 and were negotiated essentially to provide for protection of the rights of copyright holders, performers and producers of phonograms in the Internet and digital era. These amendments had the effect of making the Act compliant with the WCT and WPPT. Substantial amendments were made to the provisions of the Act in the year 2012. Though India is not a member of the Rome Convention of 1961, the Act is fully compliant with the Rome Convention provisions. India is a member of the Berne Convention of 1886 (as modified at Paris in 1971), the Universal Copyright Convention of 1952 and the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of 1995. Presently, the Act is compliant with most international conventions and treaties in the field of copyrights. Developments elsewhere have brought about certain degree of convergence in copyright regimes in the developed world. The Copyright Act, 1957 continues with the common law traditions. Even the Copyright Act, 1957 borrowed extensively from the new Copyright Act of the United Kingdom of 1956. This Act was essentially the extension of the British Copyright Act, 1911 to India. Prior to the Act of 1957, the Law of Copyrights in the country was governed by the Copyright Act of 1914. Some of the important amendments to the Copyright Act in 2012 are extension of copyright protection in the digital environment such as penalties for circumvention of technological protection measures and rights management information, and liability of internet service provider and introduction of statutory licenses for cover versions and broadcasting organizations ensuring right to receive royalties for authors, and music composers, exclusive economic and moral rights to performers, equal membership rights in copyright societies for authors and other right owners and exception of copyrights for physically disabled to access any works.
The main reasons for amendments to the Copyright Act, 1957 include to bring the Act in conformity with two WIPO internet treaties concluded in 1996 namely, the WIPO Copyright Treaty (“WCT”) and WIPO Performances and Phonograms Treaty (“WPPT”) to protect the Music and Film Industry and address its concerns to address the concerns of the physically disabled and to protect the interests of the author of any work Incidental changes to remove operational facilities and enforcement of rights. The Copyright (Amendment) Act, 2012 is the most substantial. The Copyright Act, 1957 (the ‘Act’) came into effect from January 1958.