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1. International Context
Paris Revision of 1971: In 1971 both Berne and UCC was revised. This is what
goes by the name of Paris revision of 1971. This has made some realistic
concession to the developing countries with regard to reproduction and translation
of material having great educational value.
c) World Intellectual Property Organization (WIPO): The World Intellectual
Property Organization (WIPO) is a specialized agency of the United Nations. It is
dedicated to developing a balanced and accessible international intellectual
property (IP) system, which rewards creativity, stimulates innovation and
contributes to economic development while safeguarding the public interest. WIPO
was established by the WIPO Convention in 1967 with a mandate from its Member
States (Till 2009 there were 184 Member States, i.e. over 90 percent of the
countries of the world) to promote the protection of IP throughout the world
through cooperation among states and in collaboration with other international
organizations. Its headquarters are in Geneva, Switzerland.
2. Indian Context: The earliest statutory law in India concerning copyright was
the Indian copyright of 1847 which was passed by the Governor General of India.
In 1911 the law of copyright was codified in England and was made applicable to
all Majesty’s dominions including India. The Governor General of India enacted
the Indian Copyright act of 1914 to make some modification to the provision of the
1911 Act. The copyright of 1914, granted copyright to an author for the whole of
his life and fifty years after his death.
The provision of the copyright act of 1914 were again modified after
independence and the copyright act which is in force even today was passed in the
Indian Parliament in 1957 and known as Copyright Act, 1957. The copyright act of
India of 1957 had been amended in August 1983 with the specific purpose of
incorporating the provisions of the Paris text of 1971 of the Berne convention
concerning the grant of compulsory licenses for translations and reproduction of
foreign work for educational purposes. The copyright was further amended in 1984
in order to overcome the problem of wide spread piracy in India. The act was
further modified in 1992 and 1994 (No. 38 of 1994). The Copyright (Amendment)
Act, 1999 officially published in: The Gazette of India, 30/12/1999, No. 49. In
accordance with the copyright act of 1957, a copyright office and a copyright
board were set up in New Delhi under the auspices of the Government of India of
which the copyright board serves as a civil court with the power of adjudicating
disputes arising out of claims and counter claims. The copyright board serves as a
civil court and its judgment can be challenged only in the high court of the area
and in no other lower court.
India signed the Berne convention in 1886 when it was part of the British
Empire. India also signed the Universal Copyright convention in 1952 of its own
choice as a free country.
Suchman has pointed out that “a research design is not a highly specific
plan to be followed without deviation, but rather a series of guide posts to keep one
handed in the right direction”.