Abstract
The expansive legal terrain of copyrights is mired in controversies and complexities on the recognition and enforcement of rights granted therein. The ambit of this category of Intellectual Property has always been open ended.
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Notes
- 1.
The Indian Broadcasting Services Regulation Bill, 2007, Preamble.
- 2.
Id., Section 2(d).
- 3.
The Draft WIPO Broadcasting Treaty and its impact ton Freedom of Expression is available at: http://unesdoc.unesco.org/images/001464/146498e.pdf.
- 4.
The Copyright (Amendment) Act, 1994, chapter VIII, Sections 37 to 39A.
- 5.
[1995] 2 SCC 161.
- 6.
Interim Order, (2004) 5 SCC 351.
- 7.
1977 [99] Bom LR 613.
- 8.
MANU/DE/0644/2013.
- 9.
O.A.No 78/2006.
- 10.
C.S.O.S. No. 2416, 2012.
- 11.
The relevant amendments in 2012 relating to Broadcasting Organisations are the notion of merger of rights on assignment for the purpose of sound recording/producing and exhibiting a cinematograph film is totally dispensed by relevant Amendments in 2012. (i) There is no discrimination between the authors and the Owners of Copyrights Under Section 35 the words “owners of copyrights” is substituted with the words “authors and other owners” to be included as members of the governing body for the administration of Copyright societies;
(ii) The right to claim royalty and other considerations is granted to the assignor of rights in the new Sec 18; (iii) The right of the authors to receive royalty is a non assignable right that cannot be waived Section 18; (iv) Exclusive right is granted to the performers under Section 38A (1)(b) to broadcast the performance, except where the performance is already broadcast; and (v) Section 31 D provides statutory licenses’ to the Broadcasting Organisations desirous to broadcast a literary, musical work or sound recording that is already been communicated to the public. They are now permitted to rebroadcast the program provided (a) Prior notice is given to the owner; (b) Royalty is fixed by the Copyright Board and is paid in advance before the broadcast; (c) There are separate rates of royalty for radio broadcasting and TV broadcasting; and (d) No alteration can be made to the original work; (vi) Section 19 No assignment of Copyright in any work to make a cinematograph film shall affect the right of the author from claiming equal share in the royalties or consideration for utilizing the work in any other form; and vii. Section 39A The Broadcast Reproduction Right shall not affect the separate Copyright in any work in respect of which the broadcast is made.
- 12.
WNET v. Aero, US court of Appeals for the second Circuit Docket case 12-2786 decided on 04-01-2013.
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Vidya Kumari, T. (2018). The Changing Contours in the Regime of Copyrights in India with Reference to Broadcasting. In: Nirmal, B., Singh, R. (eds) Contemporary Issues in International Law. Springer, Singapore. https://doi.org/10.1007/978-981-10-6277-3_20
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