Rights of broadcasting authorities
37. (1) Broadcast reproduction rights. Where any programme is broadcast by radio-diffusion by the Government or any other broadcasting authority, a special right to be known as "broadcast reproduction right" shall subsist in such programme.
(2) The Government or other broadcasting authority, as the case may be, shall be the owner of the broadcast reproduction right and such right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the programme is first broadcast.
(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.