Right of broadcasting- organization & performers

According to this act, Section 2 (dd) of the Act defines “Broadcast” as – 

  • ‘broadcast means communication to the public – 
  1. in any way of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or
  2. By wire along with includes a rebroadcast 

Section 37: – the broadcast reproduction right

This section provides for the protection of the special broadcast reproduction rights of the broadcasting organization. 

  • In this, broadcast reproduction right maintain going meant for 25 years from the beginning of the calendar year later than to following the year in which the broadcast is made.

And if any person, devoid of the license of the owner of these rights, re-broadcasts earlier than causes the broadcast to be there heard or seen by means of the people on payment of any charge or sells or hires in the direction of the public at that time such a person shall be deemed to have been infringed the broadcast reproduction right of the owner.

Section 38: – performer’s right

This section provides for the protection of the performer’s rights.

  • It lays down with the intention of wherever any performer appears or engages in any performance, he shall have a out of the ordinary right to be acknowledged like the “performer’s right” in relation toward such performance. 
  • The performer’s rights manage to continue to exist in anticipation of fifty years as of the beginning of the calendar year after that subsequent the year in which the performance is made.

By the definition, it may be inferred by means of the purpose of if any person for the duration of the continuance of the performer’s right (with the aim of is, contained by fifty years on or after the commencement of the calendar year after that subsequent the year in which the performance is made) devoid of the consent of the performer does any of the following acts in respect of the performance or else a substantial part for that he will be considered to encompass infringed the performer’s rights.

In the leading case of Star India Pvt. Ltd. V Piyush Aggarwal, 

The Hon’ble High Court of Delhi declared that when a cricket match is played there are a variety of dramatis personae in the performance. 

As far as this seeing that the visual recording was concerned and the cricket players were performers who played out the match. Even the umpires were upheld to be performers in observation of the fact with the aim of they created an essential part of the live performance.

  • According to this act, Section 2 (qq) defines Performer as : –
  • “to include an actor, 
  • singer, 
  • musician, 
  • dancer, 
  • tumbler, 
  • magician, 
  • conjurer, 
  • snake charmer, 
  • As well as a person delivering a lecture or else any other human being who makes a performance. 

The performers have a particular right acknowledged as the “Performer’s right” for appearing or engaging in any performance. Such right shall manage to survive till fifty years as of the beginning of the calendar year next subsequent the year in which the performance is made.

Section 38 A: – 

This section provides for the exclusive rights of the performer.

In this, the performer has the right (exclusive right subject matter to the provisions of this Act) in the direction of do or authorize the doing responsibility of any of the following acts in respect of the performance or any substantial part thereof (devoid of prejudice the rights conferred on the Author): 

  1. to make a sound or visual recording of the performance; or
  2. To broadcast or communicate the performance to the public except for where the performance is by now broadcasted.
  • on once time, a performer has consented to his performance in a cinematograph film by means of a written agreement, he shall not in the absence of any contract to the contrary, object to the performer’s right in the same film enjoyed by the producer of the film.


Section 38 B: – 

This section make available meant for the moral rights of the performer.

The performer shall independently of his right after assignment, either in every respect or else partially of his right, have the right— 

(a) in the direction of claim to be identified as the performer of his performance apart from where a clause of omission has been dictated by means of the producer; furthermore

(b) In the direction of restrain or claim damage in respect of any deformation, disfigurement or else other modification of his performance with the intention of would be prejudicial to his reputation. 

  • It is at this moment clarified that the mere removal of any performance segment for the rationale of editing, to fit the recording within a limited duration, or any other modification necessary for the sole purpose of technical reasons shall not be deemed prejudicial to the performer’s reputation.

Section 39:- acts not infringing broadcast reproduction right and performer’s right

  • In this section, those above can be done simply in the midst of the sound recording or through visual recording of the performance. 
  • For that reason, the production of a sound recording or visual recording intended for the aforementioned purposes cannot in addition be an infringement. 
  • Where copyright or performer’s right manage to survive in respect of any work or performance that has been broadcast, a license in the direction of making a replica such broadcast will need the consent of the owner of rights or performer, seeing that the case may be, or both of them.

Section 39 of the Copyright Act, 1957 enumerates convinced exceptional cases in which the performer may not be able to benefit from the protection and rights under the act

  • This section provides for the acts with the purpose of do not infringe broadcast reproduction right or performers’ rights.

Such acts are as follows, they are like: –

  1. Making any sound or visual recording in support of the private use of a such person, or barely for purpose of bona fide teaching or research; 
  2. Make use of (consistent by means of fair dealing) excerpts of a performance or of a broadcast in the reporting of in-progress events or intended for bona fide appraisal or review teaching or research;
  3. Such other acts in the midst of compulsory adaptations & modifications do not constitute an infringement of copyright under section 52.

Section 39A: – other provisions applying to broadcast reproduction right and performers

 This section provides intended convinced provisions to be appropriate in the case of broadcast reproduction rights and performers’ rights.

Sections 18, 19, 30, 30A, 33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B and 66 shall, with compulsory adaptations and modifications, be appropriate in relation to the broadcast reproduction right and the performer’s right as they are relevant in relation to copyright in a work together by means of the provisos made in this look in the lead in the Copyright Act.

Reference:-

https://lawcirca.com/rights-of-broadcasting-organizations-and-of-performers-under-the-copyright-act-1957/-date-05-09-2021

Leave a Reply