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The broadcasting organization is conferred with ‘Broadcasting Reproduction Rights’ wherein the

organization is conferred with a series of rights in respect to the broadcast made namely,

(a) Reproducing the broadcast;


(b) Causing the broadcast to be heard or seen by the public on payment of any charges;
(c) Making any sound recording of visual recording of the broadcast;
(d) Making any reproduction or such sound recording or visual recording where the initial
recording was unauthorized;
(e) Selling or hiring or offering for sale or hire to the public any such sound or visual recording.

Following the operation of Section 37, the performance of any act as under (a) to (e) shall require
a licence of the broadcasting organization or else the act shall be treated to be a violation of
copyright. However exceptions to the same have been provided in Section 39 of the Act.1 These
exceptions can be broadly categorized as;

(a) For private use,


(b) For purposes of bona fide training or research,
(c) For reporting of current events (here it is to be noted that only excepts of such broadcast are
allowed to be used under this exception), and
(d) General exceptions as provided under Section 52 of the Act. Further, Section 39A extends the
general provisions under the Act to broadcasting rights. Thus one shall note that in many aspects
broadcast reproduction rights are treated at part with copyright.2 However the enunciation of the
broadcasts rights have not been so widely reverberated in India as has been abroad. Nevertheless
there are some judicial decisions wherein the existing position of law is brought forth.

1
Sec. 39. Acts not infringing broadcast reproduction right or performer's right.
2
See also P.S. Narayanan, Copyright and Designs, 139, (Lucknow: Eastern Book Company, 3rd edition,
2002)