information technology legislation governing e-commerce in India. Content . ; Edappagath, ; ICAI, ; “IT Act”, ; Joseph, ; Rajaraman. Notification under IT(Amendment) Act, IT (Amendment) Act ( KB) This pdf file is non accessible through use of Assistive. Notification under IT(Amendment) Act, IT (Amendment) Act MB IT Act Rules for the Information Technology Act
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As Amended by Information Technology Amendment Bill passed in Lok Sabha This Act may be called the Information Technology Act, (1) This Act may be called the Information Technology Act, (2) It shall extend to the whole of India and, save as otherwise provided in this. An Act further to amend the Information Technology Act, (1) This Act may be called the Information Technology (Amendment) Act, Short title and.
The apex court ruled that the section falls outside Article 19 2 of the Constitution, which relates to freedom of speech, and thus has to be struck down in its entirety. A conviction can fetch a maximum of three years in jail and a fine. The advent of the controversy The first petition came up in the court following the arrest of two girls in Maharashtra by Thane Police in November over a Facebook post. The girls had made comments on the shutdown of Mumbai for the funeral of Shiv Sena chief Bal Thackeray. The arrests triggered outrage from all quarters over the manner in which the cyber law was used.
The appropriate Government may, by order in writing, authorise the persons who are authorised to access protected systems. If a person who secures access or attempts to secure access to a protected system, then he is committing an offence. The company had shut down a website over non-payment of dues. The owner of the site had claimed that he had already paid and complained to the police. The two men had to spend 6 days in Tihar jail waiting for bail.
Bhavin Turakhia, chief executive officer of directi. Ltd, owner of Delhi based Ecommerce Portal www. Subrata Sengupta, the secretary of the housing society, was also arrested. Chidambaram , of corruption. Karti Chidambaram had complained to the police.
Another year-old girl was arrested for "liking" the post. Later, Section A was replaced by Section 2 promoting enmity between classes. To provide for enhanced punishment in case of continuing convictions. Introduction of new provisions for application of the act to video film and computer programs. The committee recommended many amendments which was passed by the Parliament in May, These Amendments are: 1. Protection for performers of visuals or artistic presentation lives. Recognition of copyright societies to collective protection of the rights of the authors, composers and other creative artists.
Computer program, cinematography of films and sound recordings, protection. Definition of literary work 2.
Meaning of copyright in respect of computer program 3. Increase of the term of copyright of performers from 25 to 50 years. Power to restrict of foreign broadcasting organizations and performers. Advancement of technology, and change in the mode of dissemination of information. Much more protection required for the authors. Extension of function of the copyright board 4. More disputes regarding copyright infringement 5.
Pressure from different sections of people for reflection of their opinion. New changes introduced in the amendment of act The major changes made in the new act are discussed below under the following sub headings: 4. A number of new instructions are added to this section Chapter II: copyright board. Functions of the secretary and other officers of the Board are also specified, which was not mentioned in the previous act.
In the present changed scenario, the copyright Boards responsibility is not only restricted to mere registration of copyright but extended to other important responsibilities, like, licensing, copyright society registration etc.
Considering all these factors the new act added instructions of copyright Board formation. The author himself also can relinquish his right by giving a public notice through news paper, or through website, or through mentioning the notice on the cover of the work. An amendment in the subsection-II of this chapter is that, the author may forward a copy of the public notice to the registrar, and on receiving such notice the registrar shall post the same in the website of the copyright office for a period of not less than three years.
Any person working for the benefit of disabled persons can apply for license of any copyrighted work, and the board will grant permission as far possible within two months period. Every such license shall specify, the 'time period', 'the medium' and 'the format', 'no. This section provided guidelines that any type of adaptation, reproduction, communication in any format of a copyrighted work can be granted, if it serves for the benefit of the disabled.
A person or an organization working for the benefit of the disabled can also avail this right, in a non profit basis.
Procedure for adaptation and issuance of licenses are illustrated in this section. Rate of royalty for such licenses shall be fixed by the board. Amendments have been made in these sections to streamline the functioning of the copyright societies. All existing copyright societies will have to register them-self newly under these provisions.
Registration period lasts for a period of five years and may be renewed from time to time. Every copyright society shall have a governing body consisting of equal number of 'author' and 'owners of work' for the purpose of the administration of the society.
The society will share equal amount of royalty among the ' author' and the 'owner of work'. The act mandates that every society shall publish its tariff scheme as per rules provided.
The tariff scheme would be subject to scrutiny by the copyright board. The introduction of 'tariff scheme' system will bring transparency for distribution of royalties. Every copyright society shall have to maintain its own website giving all information pertaining to its activities. Provisions for 'management of copyright society', 'approval of schemes', ' meeting of the society', 'records to be maintain by the copyright society', 'code of conduct of copyright societies' are illustrated in the new act.
To strengthen enforcement the control of import of infringing copies are provided to custom Department. Every notice of infringing copies shall be made to the commissioner of customs.
The punishment for such infringement shall extend to two years and shall also liable to fine. Provisions for library and library services Libraries objective is to maximize the use of a document while copyright proposes to restricted use.
In this sense, libraries purpose is just the opposite of copyright protection, though with a detail study it can be found that copyright prevent unfair and illegal use of a document while libraries are making the same available to its potential user for research or educational purpose. Libraries and library services are mentioned twice, in this list. The new amendment also signifies that any kind of profit making will be considered as infringement, even for a public library. Another close, section 52 n , also mentioned about library services.
This is a welcome response to the long waited demand of libraries.
Now a day, many libraries with reach collection of old and rare documents are digitizing their collection for better preservation and use. This section will encourage them for their effort. Other than these two clause, libraries are mentioned in section 2 f a also, which deals with definition of different terms.
The above mentioned sections provide provisions, which are directly related to library and library services. There are few more provisions in the act, which may not directly but indirectly related to library services. Changes made to these sections have been discussed earlier. Provision for disabled is one of them. Many libraries are helping their disabled users sightless students by making audio record of a book.
A person reads the book and his voice is recorded, which is consulted by a blind user for his education or research purpose. The libraries even can make profit out this service, according to the new amendment of the act. Another section which may concern for libraries is section 31A. The amendment related to translations, now protect libraries for translating anonymous works i. Many author friendly amendments are introduced. The new act has given special attention for the disabled.
New provisions are introduced for them for better access to copyrighted works, and fair use provisions are extended to those also, who are working for the disabled.