The Copyright Act, 1957

 

Chapter VIII
 RIGHTS OF BROADCASTING ORGANISATIONS AND OF PERFORMERS

  1. Broadcast reproduction right.--
    1. Every broadcasting organisation shall have a special right known as "broadcast reproduction right" in respect of its broadcasts.
    2. The broadcast reproduction right shall subsist until twentyfive 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,--
      1. re-broadcasts the broadcast; or
      2. causes the broadcast to be heard or seen by the public on payment of any charges; or
      3. makes any sound recording or visual recording of the broadcast; or
      4. 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
      5. 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.

  2. Performer's right.--
    1. Where any performer appears or engages in any performance, he shall have a special right to be known as "performer's right" in relation to such performance.
    2. The performer's right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the performance is made.
    3. During the continuance of 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:--
      1. makes a sound recording or visual recording of the performance, or
      2. reproduces a sound recording or visual recording of the performance, which sound recording or visual recording was--
        1. made without the performer's consent; or
        2. made for the purposes different from those for which the performer gave his consent; or
        3. 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
      3. 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
      4. communicated the performance to the public otherwise than by broadcast, except where such communication to the public is made from a sound recording or 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.
  3. 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--
    1. 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
    2. 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
    3. 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.--Section 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 the copyright or performer's right subsists in respect of any work or performance that has been broadcast, or 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.