Explain the broadcast reproduction rights under the provisions of the Copyright Act, 1957.

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2023
Explain the broadcast reproduction rights under the provisions of the Copyright Act, 1957.

Answer & Explanation:

Section 37(1) of the Copyright Act, 1957 entitles every broadcasting organisation to have a special right to be known as "broadcast reproduction rights" in respect of its broadcast. Section 37(2) provides that 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. As per Section 37(3) of the Act , 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, shall be deemed to infringe the broadcast reproduction right: Re-broadcast the broadcast; or Causes the broadcast to be heard or seen by the public on payment of any charges; or Makes any sound recording or visual recording of the broadcast; or 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 Sells or gives on commercial rental or offer for sale or for such rental, any such sound recording or visual recording referred to in clause (c) or clause (d).

Topics: Copyright Act, 1957

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