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Media & Entertainment
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Media and Entertainment

Media and entertainment industry is prone to copy right Infringement , however their right are protected under the Copy Right  Act 1957 . The Copy Right Act protects  

  1. Rights of Broadcasting Organisation
  2. Performers Broadcast reproduction right

A. Broadcasting Rights

(1) Every broadcasting organisation shall have a special right to be known as \\\"broadcast reproduction right\\\" in respect of its broadcasts.

(2) The broadcast reproduction right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the broadcast is made.

(3) During the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the licence of the owner of the right does any of the following acts of the broadcast or any substantial part thereof,-

(a) re-broadcasts the broadcast; or

(b) causes the broadcast to be heard or seen by the public on payment of any charges; or

(c) makes any sound recording or visual recording of the broadcast; or

(d) makes any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; or

(e) sells or hires to the public or offers for such sale or hire, any such sound recording or visual recording referred to in clause (c) or clause (d) shall, subject to the provisions of section 39, be deemed to have infringed the broadcast reproduction right

B. Performer’s right

 (1) Where any performer appears or engages in any performance, he shall have a special right to be known as the \\\"performer\\\'s right\\\" in relation to such performance.

(2) The performer\\\'s right shall subsist until fifty years from the beginning of the calendar year next following the year in which the performance is made.

 (3) During the continuance of a performer\\\'s right in relation to any performance, any person who, without the consent of the performer, does any of the following acts in respect of the performance or any substantial part thereof, namely :- (a) makes a sound recording or visual recording of the performance; or (b) reproduces a sound recording or visual recording of the performance, which sound recording or visual recording was- (i) made without the performer\\\'s consent; or (ii) made for purposes different from those for which the performer gave his consent; or (iii) made for purposes different from those referred to in section 39 from a sound recording or visual recording which was made in accordance with section 39; or (c) broadcasts the performance except where the broadcast is made from a sound recording or visual recording other than one made in accordance with section 39, or is a re-broadcast by the same broadcasting organisation of an earlier broadcast which did not infringe the performer\\\'s right; or (d) communicates the performance to the public otherwise than by broadcast, except where such communication to the public is made from a sound recording or a visual recording or a broadcast, shall, subject to the provision of section 39, be deemed to have infringed the performer\\\'s right. (4) Once a performer has consented to the incorporation of his performance in a cinematograph film, the provisions of sub-sections (1), (2) and (3) shall have no further application to such performance.

No infringement  

Acts not infringing broadcast reproduction right or performer’s right. – No broadcast reproduction right or performer\\\'s right shall be deemed to be infringed by- (a) the making of any sound recording or visual recording for the private use of the person making such recording, or solely for purposes of bona fide teaching or research; or (b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the reporting of current events or for bona fide review, teaching or research; or (c) such order acts, with any necessary adaptations and modifications, which do not constitute infringement of copyright under section 52. 39A,96 ,

LEGAL ADVISE

LEGAL ADVICE