Section 39 of the Copyright Act, 1957: Acts Not Infringing Broadcast Reproduction Right or Performer's Right
Section 39 of the Copyright Act, 1957 specifies circumstances in which the broadcast reproduction right of a broadcasting organisation or the right of a performer is not infringed. It protects specified private recordings, genuine teaching and research, fair dealing with excerpts, and acts covered by the statutory exceptions in Section 52.
Text of Section 39
39. 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 other acts, with any necessary adaptations and modifications, which do not constitute infringement of copyright under section 52.
Legislative history: Section 39 was substituted by Section 15 of the Copyright (Amendment) Act, 1994 (Act 38 of 1994), effective 10 May 1995.
Meaning and scope of the exceptions
1. Private recordings, teaching and research - Section 39(a)
A person may make a sound or visual recording for that person's private use. The provision also covers recordings made solely for bona fide (genuine) teaching or research. The purpose and actual use matter: this is not a general authorisation to distribute, commercially exploit or publicly communicate recordings.
2. Fair dealing with excerpts - Section 39(b)
Excerpts from a broadcast or performance may be used for reporting current events, genuine review, teaching or research, provided the use is consistent with fair dealing. The amount taken, purpose, context and effect of the use can be relevant to whether dealing is fair. The provision does not automatically exempt the reproduction of an entire programme or performance.
3. Other copyright exceptions - Section 39(c)
Section 39(c) extends, with necessary adaptations and modifications, the acts that do not constitute copyright infringement under Section 52 of the Copyright Act to broadcast reproduction and performer rights. Whether a particular activity is exempt depends on the applicable clause and its statutory conditions.
Related rights under Chapter VIII
Section 37 grants broadcasting organisations a broadcast reproduction right, ordinarily lasting 25 years from the beginning of the calendar year following the broadcast. Section 38 recognises a performer's right, lasting 50 years from the beginning of the calendar year following the performance.
Section 38A describes exclusive economic rights of performers, while Section 38B addresses identification and protection against prejudicial alterations. Section 39A applies specified provisions of the Act to these rights and clarifies that separate copyright in underlying works is unaffected.
Official legal references
Read the Copyright Act, 1957 on India Code, the Copyright Office's Chapter VIII text and the Copyright Office's Section 52 provisions.
This article is general legal information and should be read with the current statutory text and relevant judicial decisions.