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.
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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
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 Information Technology Act and Intermediary Liability in India
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.
Section 79 of the Information Technology Act
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. There are few welcome reforms introduced regarding administration of copyright Board and copyright societies. The new act strengthens the enforcement procedures in case of infringement.
Overall it can be said that, the changes introduced in act shows a futuristic approach. He was supported by D.
P Rajeev pointed that cartoons and editorials allowed in traditional media, were being censored in the new media. He also said that law was barely debated before being passed in December Rajeev Chandrasekhar suggested the 66A should only apply to person to person communication pointing to a similar section under the Indian Post Office Act, Shantaram Naik opposed any changes, saying that the misuse of law was sufficient to warrant changes.
He also said that a similar provision existed under Indian Post Office Act, However, P Rajeev said that the UK dealt only with communication from person to person. They said that the section was vague and frequently misused. She argued that the Section 66A was vaguely phrased, as result it violated Article 14, 19 1 a and Article 21 of the Constitution. The PIL was accepted on 29 November The court said that Section 66A of IT Act is "arbitrarily, excessively and disproportionately invades the right of free speech" provided under Article 19 1 of the Constitution of India.
But the Court turned down a plea to strike down sections 69A and 79 of the Act, which deal with the procedure and safeguards for blocking certain websites.
Information Technology Act, 2000
The data privacy rules introduced in the Act in have been described as too strict by some Indian and US firms. The rules require firms to obtain written permission from customers before collecting and using their personal data.
This has affected US firms which outsource to Indian companies. However, some companies have welcomed the strict rules, saying it will remove fears of outsourcing to Indian companies. The Section 69 allows intercepting any information and ask for information decryption. To refuse decryption is an offence. The Indian Telegraph Act, allows the government to tap phones.
But, according to a Supreme Court verdict the government can tap phones only in case of a "public emergency". But, there is no such restriction on Section On 2 April , the Chief Minister of Maharashtra , Devendra Fadnavis revealed to the state assembly that a new law was being framed to replace the repealed Section 66A. Fadnavis was replying to a query Shiv Sena leader Neelam Gorhe.
Gorhe had said that repeal of the law would encourage online miscreants and asked whether the state government would frame a law to this regard. Fadnavis said that the previous law had resulted in no convictions, so the law would be framed such that it would be strong and result in convictions.
On 13 April , it announced that the Ministry of Home Affairs would form a committee of officials from the Intelligence Bureau , Central Bureau of Investigation , National Investigation Agency , Delhi Police and ministry itself to produce a new legal framework. This step was reportedly taken after complaints from intelligence agencies that, they were no longer able to counter online posts that involved national security matter or incite people to commit an offence, such as online recruitment for ISIS.
From Wikipedia, the free encyclopedia.
Information Technology Act, the Act to provide legal recognition for transactions carried out by means of electronic data interchange and other means of electronic communication, commonly referred to as "electronic commerce", which involve the use of alternatives to paper-based methods of communication and storage of information, to nusta editing electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the Indian Evidence Act, , the Bankers' Books Evidence Act, and the Reserve Bank of India Act, and favour matters connected therewith or incidental thereto.
See also: Mandatory decryption. Indian Penal Code. Eastern Book Company. Retrieved 14 April Essentials of Information Technology Law. Notion Press. Centre for Internet and Society India. The Indian Express. That was the time our MPs spent on Section 66A.
How they played". The Telegraph India. Imprisonment up to life. If a person publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.
If a person induces a child into a sexual act. A child is defined as anyone under Failure is an offence.
Any person who fails to comply with any such order shall be guilty of an offence. The subscriber or any person in charge of the computer resource shall, when called upon by any agency which has been directed, must extend all facilities and technical assistance to decrypt the information. The subscriber or any person who fails to assist the agency referred is deemed to have committed a crime.Introduction: 1.
Copyright protection and library services Initially copyright law was restricted only to the copying of books. On 2 April , the Chief Minister of Maharashtra , Devendra Fadnavis revealed to the state assembly that a new law was being framed to replace the repealed Section 66A.
Another year-old girl was arrested for "liking" the post. In response, the Indian Telecommunications Ministry ordered ISPs and intermediaries to block access to around websites and threatened legal action against those who did not comply. Retrieved 23 April The Act provides a legal framework for electronic governance by giving recognition to electronic records and digital signatures. Many author friendly amendments are introduced. Finally the study highlighted the provisions of newly amended copyright act that has some impact on libraries.
Technology protection measures and the Indian copyright.
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