(3) During the continuance of a broadcast reproduction right in relation to any programme, any person who,—
- (a) without the licence of the owner of the right—
- (i) rebroadcasts the programme in question or any substantial part thereof; or
- (ii) causes the programme in question or any substantial part thereof to be heard in public; or
- (b) without the licence of the owner of the right to utilise the broadcast for the purpose of making a record recording the programme in question or any substantial part thereof, makes any such record,shall be deemed to infringe that broadcast reproduction right.
38. Other provisions of this Act to apply to broadcast reproduction rights. Sections 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 programme as they apply in relation to the copyright in a work;
Provided that a licence to utilise a broadcast for the purpose of making a record recording a programme in which broadcast reproduction right subsists or any substantial part of such programme, shall not take effect unless the person to whom such licence is granted has also obtained a licence to make records recording the work embodied in such programme from the owner of the copyright in such work.
39. Other rights not affected. For the removal of doubts, it is hereby declared that the broadcast reproduction right conferred upon a broadcasting authority under this Chapter shall not affect the copyright—
- (a) in any literary, dramatic or musical work which is broadcast by that authority; or
- (b) in any record recording any such work.
CHAPTER IX
International copyright
40. Power to extend copyright to foreign works. The Central Government may, by order published in the Official Gazette, direct that all or any provisions of this Act shall apply—
- (a) to works first published in any territory outside India to which the order relates in like manner as if they were first published within India;
- (b) to unpublished works, or any class thereof, the authors whereof were at the time of the making of the work, subjects or citizens of a foreign country to which the order relates, in like manner as if the authors were citizens of India;
