Intellectual
Property Rights
COPYRIGHT ACT 1957
CHAPTER VIII : 4[RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS]
4[37. 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
broadcasts; 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.]
4[38. 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 20[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
provisions 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.]
4[39. 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 other acts, with
any necessary adaptations and modifications, which do not constitute infringement
of copyright under section 52.
39A. 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 performer's 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 may be, or both of them.]
Law
of Intellectual Property Rights (IPR) - CD ROM Judgements, Act, Section
Wise Digests, Bare Acts, Rules (Since 1950 till date)
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