CHAPTER VIII Rights of Broadcasting

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 CHAPTER VIII

Rights of Broadcasting

92

 Organisation and of Performers

37.

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Broadcast reproduction right.-(1) Every broadcasting organisation shall have a special right to

be known as "broadcast reproduction right" in respect of its broadcasts.

(2) The broadcast reproduction right shall subsist until twenty-five years from the beginning of the

calendar year next following the year in which the broadcast is made.

(3) During the continuance of a broadcast reproduction right in relation to any broadcast, any person

who, without the licence of the owner of the right does any of the following acts of the broadcast or

any substantial part thereof,-

(a) re-broadcasts the broadcast; or

(b) causes the broadcast to be heard or seen by the public on payment of any charges; or

(c) makes any sound recording or visual recording of the broadcast; or

(d) makes any reproduction of such sound recording or visual recording where such initial recording

was done without licence or, where it was licensed, for any purpose not envisaged by such licence;

or

(e) sells or hires to the public or offers for such sale or hire, any such sound recording or visual

recording referred to in clause (c) or clause (d) shall, subject to the provisions of section 39, be

deemed to have infringed the broadcast reproduction right.

38.

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Performer’s right- (1) Where any performer appears or engages in any performance, he shall

have a special right to be known as the "performer's right" in relation to such performance.

(2) The performer's right shall subsist until 

96A

 fifty years from the beginning of the calendar year next

following the year in which the performance is made.

(3) During the continuance of a performer's right in relation to any performance, any person who,

without the consent of the performer, does any of the following acts in respect of the performance or

any substantial part thereof, namely :-

(a) makes a sound recording or visual recording of the performance; or

(b) reproduces a sound recording or visual recording of the performance, which sound recording or

visual recording was-

(i) made without the performer's consent; or

(ii) made for purposes different from those for which the performer gave his consent; or

(iii) made for purposes different from those referred to in section 39 from a sound recording or visual

recording which was made in accordance with section 39; or

(c) broadcasts the performance except where the broadcast is made from a sound recording or visual

recording other than one made in accordance with section 39, or is a re-broadcast by the same

broadcasting organisation of an earlier broadcast which did not infringe the performer's right; or (d) communicates the performance to the public otherwise than by broadcast, except where such

communication to the public is made from a sound recording or a visual recording or a broadcast,

shall, subject to the provision of section 39, be deemed to have infringed the performer's right.

(4) Once a performer has consented to the incorporation of his performance in a cinematograph film,

the provisions of sub-sections (1), (2) and (3) shall have no further application to such performance.

39.

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Acts not infringing broadcast reproduction right or performer’s right. – No broadcast

reproduction right or performer's right shall be deemed to be infringed by-

(a) the making of any sound recording or visual recording for the private use of the person making

such recording, or solely for purposes of bona fide teaching or research; or

(b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the

reporting of current events or for bona fide review, teaching or research; or

(c) such order acts, with any necessary adaptations and modifications, which do not constitute

infringement of copyright under section 52.

39A.

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Other provisions applying to broadcast reproduction right and performer’s right.-

Sections 18, 19, 30, 53, 55, 58, 64, 65 and 66 shall, with any necessary adaptations and

modifications, apply in relation to the broadcast reproduction right in any broadcast and the

performers' right in any performance as they apply in relation to copyright in a work :

Provided that where copyright or performer's right subsists in respect of any work or performance that

has been broadcast, no licence to reproduce such broadcast shall take effect without the consent of

the owner of rights or performer, as the case maybe, or both of them.

92. Subs. by Act.38 of 1994, cl. 12 for 'Authorities'

93. Subs. by Act 38 of 1994, s. 37

94. Subs. by Act 38 of 1994, s. 38

95. Subs. by Act 38 of 1994, s. 39

96. Subs. by Act 38 of 1994, s. 39A.

[96A. Subs. By Act 49 of 1999, Section 4, for twenty five years (wef 15.1.2000)]INDIAN COPYRIGHT ACT, 1957 


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