Wednesday, 23 April 2014

15.5.1 (RIGHTS OF BROADCAST]NC ORCANISATION AND OF PERFORMERS)



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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