The Department for Promotion of Industry and Internal Trade (DPIIT) has officially withdrawn its 2016 office memorandum that extended the scope of copyright law to include internet broadcasting. This move follows a recent decision by the Division Bench of the Bombay High Court in the case of Tips Industries Ltd vs Wynk Music Ltd.
In September 2016, the government issued a memorandum that brought internet transmissions under the purview of Section 31D of the Copyright Act. This section provides for statutory licenses concerning the broadcasting of literary and musical works, as well as sound recordings. The inclusion of internet broadcasting aims to regulate online streaming platforms, both domestic and international, under the same licensing framework that governs traditional broadcasting.
However, the recent legal ruling prompted DPIIT to reconsider this extension. In light of the court’s decision, the department has decided to rescind the earlier directive. The official communication, dated August 21, 2024, stated, “This is regarding the withdrawal of the office memorandum issued by the DPIIT on September 5, 2016, extending the scope of Section 31D to internet transmissions for clarity of the Indian as well as foreign internet streaming platforms and right holders.”
The withdrawal of the 2016 memorandum is expected to provide greater clarity to internet streaming platforms and content rights holders, potentially leading to further legal and regulatory developments in the digital broadcasting landscape.
