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DPIIT Reverses Stance on Copyright for Internet Transmissions

The DPIIT has reversed its decision to extend copyright law to internet transmissions in light of a recent court ruling.
The Department for Promotion of Industry and Internal Trade has withdrawn its 2016 decision to extend copyright law to internet broadcasting.

New Delhi: The Department for Promotion of Industry and Internal Trade (DPIIT) has reversed its 2016 decision to extend the scope of copyright law to internet transmissions. In a recent memorandum dated August 21, 2024, the DPIIT rescinded its previous office memorandum issued on September 5, 2016.

The decision comes in light of a recent ruling by the Division Bench of the Bombay High Court in the case of Tips Industries Ltd vs Wynk Music. The court’s decision had challenged the government’s 2016 move to include internet broadcasting under the purview of the Copyright Act.

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Section 31D of the Copyright Act deals with statutory licenses for the broadcasting of literary and musical works and sound recordings. By withdrawing its previous memorandum, the DPIIT has clarified the position of both Indian and foreign internet streaming platforms as well as rights holders regarding the applicability of this section to internet transmissions.

This reversal of stance is expected to have significant implications for the digital media industry in India, potentially easing restrictions on online content distribution and licensing. It also aligns with the government’s broader efforts to promote a digital economy and foster innovation.

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