Section 39A of the Copyright Act, 1957: Provisions Applicable to Broadcast and Performers Rights
Section 39A of the Copyright Act, 1957 extends specified provisions of the Act, with necessary adaptations and modifications, to broadcast reproduction rights and performers rights. It also protects the separate copyright that may subsist in the underlying work.
What Section 39A Covers
The provision connects the special rights of broadcasting organisations and performers with selected provisions that otherwise govern copyright in works. In practical terms, the listed provisions concerning assignment, licences, copyright societies, civil remedies, criminal offences and technological protection measures apply to broadcast reproduction rights and performers rights with the adaptations required by their subject matter.
Text and Effect of Section 39A
Application of specified Copyright Act provisions
Sections 18, 19, 30, 30A, 33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B and 66 apply, with necessary adaptations and modifications, to the broadcast reproduction right in a broadcast and to the performers right in a performance in the same manner in which they apply to copyright in a work.
Consent before licensing reproduction of a broadcast
Where copyright or a performers right subsists in a work or performance that has been broadcast, a licence to reproduce that broadcast cannot be given without the consent of the owner of the relevant rights or the performer, as applicable, or both where both consents are required.
No protection for an infringing broadcast or performance
Broadcast reproduction right or performers right does not subsist in a broadcast or performance where that broadcast or performance itself infringes copyright in a work.
Separate copyright in the underlying work remains unaffected
Sub-section (2) makes clear that broadcast reproduction right and performers right do not affect the separate copyright in the work in respect of which the broadcast or performance is made.
Meaning of the Related Rights
Broadcast reproduction right: Section 37 gives every broadcasting organisation a special right known as the broadcast reproduction right in respect of its broadcasts, subject to the conditions and limitations contained in the Act.
Performers right: Section 38 recognises a performers right in relation to a performance. Sections 38A and 38B further deal with the performers exclusive and moral rights.
Why Section 39A Is Important
Section 39A ensures that broadcast and performance rights do not operate in isolation. The provision imports selected mechanisms of copyright law, including assignment and licensing rules, remedies against infringement and specified enforcement provisions. At the same time, it preserves the independent copyright in the underlying literary, dramatic, musical, artistic or other protected work.
Related Copyright Act Provisions
For a complete understanding of neighbouring rights, also read Section 37 on broadcast reproduction right, Section 38 on performers right, Section 38A on exclusive rights of performers, Section 38B on moral rights of performers and Section 39 on acts that do not infringe broadcast reproduction right or performers right.
Official Legal Resources
The current text of the Copyright Act, 1957 should be checked from the official Government of India sources before relying on a provision for legal proceedings. The official India Code text and the Copyright Office provide the Act, rules, notifications and related copyright resources.
Legal information on this page is intended for general reference. Statutory text, amendments, rules and judicial interpretation should be verified for the facts of a particular matter.