Broadcasting reproduction rights (s.37). Every broadcasting organization shall have a special
right known as ‘Broadcasting Reproduction Right” in respect of its broadcasts.
This right will subsist for 25 years from the year of broadcasts. During this
period, if anybody does the following acts without licence from the owner
of the right, he will be deemed to have infringed the broadcast reproduction rights:
(a) re-broadcast 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 initial 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 (c) or (d) above.
15.5.2 Performer's
right (s. 38). If any person during the subsistence of a performer's right,
without the consent of the performe4, does any of the following acts in respect
of the performance or any substantial part thereof, he will be deemed to have infringed
the performer's right:
(a) makes a sound
recording or visual recording of the performance, or
(b) reproduces a
sound recording or visual recording of the performance which was made without
the performer's consent;
Acts
not constituting infringement of a performer's rights (s. 39). The following acts do not constitute infringement of
a performer's right in his performance: (a) the making of any sound recording
of or visual recording for private use of the person making such recording or
society for the Purpose of bonafide teaching
or research, or (b) fair dealing of excerpts of a performance in the reporting
of current events or for bonafide review,
teaching or research; (c) other acts with any necessary adaptations and
modification which do not constitute infringement of copyright under s.52.
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