Section 37 of the Copyright Act, 1957: Broadcast Reproduction Right
Section 37 of the Copyright Act, 1957 gives every broadcasting organisation a special statutory right known as the broadcast reproduction right in respect of its broadcasts. The provision protects a broadcast against specified unauthorised commercial and reproductive uses.
Meaning of broadcast reproduction right
A broadcast reproduction right is a special right conferred on a broadcasting organisation in relation to its broadcast. It is distinct from the underlying copyright that may subsist in works used in the broadcast. Section 39A further provides for the application of specified provisions of the Copyright Act to broadcast reproduction rights, with necessary adaptations and modifications.
Section 37 - statutory provision explained
Sub-section (1): special right of broadcasting organisation
Every broadcasting organisation has a special right, called the broadcast reproduction right, in respect of its broadcasts.
Sub-section (2): duration of the right
The broadcast reproduction right continues for 25 years from the beginning of the calendar year immediately following the year in which the broadcast is made.
Sub-section (3): acts requiring the owner's licence
During the subsistence of the right, doing any of the following in relation to the broadcast, or a substantial part of it, without the licence of the owner infringes the broadcast reproduction right, subject to the Act:
- re-broadcasting the broadcast;
- causing the broadcast to be heard or seen by the public on payment of charges;
- making a sound recording or visual recording of the broadcast;
- reproducing such a recording where the initial recording was made without licence, or using a licensed recording for a purpose outside the licence; or
- selling, giving on commercial rental, or offering for sale or commercial rental a sound or visual recording referred to in clauses (c) or (d).
How the 25-year term is calculated
The statutory period does not simply run for 25 years from the date of transmission. It begins from the start of the calendar year following the year in which the broadcast was made. For example, for a broadcast made at any time in 2026, the statutory period begins on 1 January 2027 and runs for the period prescribed by Section 37(2).
Section 39 exceptions
Section 37 should be read with Section 39. Section 39 specifies acts that do not infringe a broadcast reproduction right or performer's right. These include specified private-use recordings, recordings solely for bona fide teaching or research, fair dealing with excerpts for reporting current events or bona fide review, teaching or research, and other acts corresponding to copyright exceptions under Section 52 with necessary adaptations.
Section 39A and remedies
Section 39A applies specified provisions of the Copyright Act to broadcast reproduction rights and performers' rights with necessary adaptations and modifications. This connects these neighbouring rights with provisions dealing with matters including licences, remedies and enforcement, subject to the wording and provisos of Section 39A.
Broadcast right and underlying copyright are separate
A broadcast may contain films, music, literary works, sound recordings or performances in which separate rights subsist. The broadcasting organisation's Section 37 right does not automatically replace those underlying rights. Section 39A expressly preserves the separate copyright in a work in respect of which a broadcast or performance is made.
Quick reference
| Point | Section 37 position |
|---|---|
| Right holder | Broadcasting organisation |
| Protected subject | Its broadcast |
| Name of right | Broadcast reproduction right |
| Term | 25 years from the beginning of the calendar year next following the year of broadcast |
| Key controlled acts | Re-broadcasting, paid public showing/hearing, recording, unauthorised reproduction, and specified sale or commercial rental |
| Important related provisions | Sections 39 and 39A |
Official legal resources
For the authoritative statutory text and amendments, refer to the official India Code database and the Copyright Office, Government of India. Users should verify the current statutory text before relying on any provision in legal proceedings or transactions.
Note: This page is a general legal-information summary of Section 37 and related provisions. The application of copyright law depends on the facts, the nature of the broadcast, licences, underlying rights and statutory exceptions.