Section 42A of Copyright Act, 1957 - Rights of Foreign Broadcasting Organisations and Performers
Section 42A of the Copyright Act, 1957 empowers the Central Government to restrict the statutory rights otherwise available to certain foreign broadcasting organisations and performers where the foreign country concerned does not provide, or has not undertaken to provide, adequate protection to such rights.
The provision is part of Chapter IX of the Copyright Act, which deals with the international application of copyright and related rights. Section 42A operates on the principle of reciprocal protection in relation to broadcasting organisations and performers.
Section 42A - Power to Restrict Rights of Foreign Broadcasting Organisations and Performers
If it appears to the Central Government that a foreign country does not give or has not undertaken to give adequate protection to rights of broadcasting organisations or performers, the Central Government may, by order published in the Official Gazette, direct that such provisions of the Copyright Act as confer rights on broadcasting organisations or performers, as the case may be, shall not apply to broadcasting organisations or performers based or incorporated in that foreign country, or to persons who are subjects or citizens of that foreign country and are not incorporated or domiciled in India.
Once such an order takes effect, the relevant statutory provisions cease to apply to the broadcasting organisations or performers covered by the order.
The statutory proviso further provides that the period concerned shall not exceed the period provided under the Copyright Act.
Meaning and Purpose of Section 42A
Section 42A is essentially a reciprocity provision. Indian copyright law grants specified related rights to broadcasting organisations and performers. The provision enables the Central Government to respond where another country does not provide adequate corresponding protection.
The section does not automatically deny protection merely because a broadcasting organisation or performer is foreign. Governmental action is required. The Central Government must form the requisite view regarding inadequate foreign protection and issue an order published in the Official Gazette.
When Can the Central Government Exercise the Power?
For Section 42A to operate, the Central Government must consider that the foreign country concerned either:
- does not give adequate protection to the rights of broadcasting organisations or performers; or
- has not undertaken to give adequate protection to those rights.
The Central Government may then specify, through an order published in the Official Gazette, the provisions of the Copyright Act conferring rights on broadcasting organisations or performers that will not apply to the affected foreign entities or persons.
Who May Be Affected by an Order Under Section 42A?
Depending upon the terms of the Central Government's order, Section 42A may affect:
- broadcasting organisations based in the specified foreign country;
- broadcasting organisations incorporated in the specified foreign country;
- performers who are subjects or citizens of that foreign country and who are not domiciled in India; and
- other persons or entities falling within the statutory description contained in Section 42A.
Broadcast Reproduction Right and Performers' Rights
Section 42A should be read in the context of Chapter VIII of the Copyright Act. That Chapter deals with rights associated with broadcasting organisations and performers.
In broad terms, the Act recognises a broadcast reproduction right in relation to broadcasts and separate statutory rights for performers in relation to their performances. Section 42A provides a mechanism by which the application of such rights can be restricted in respect of a foreign country where adequate reciprocal protection is absent.
Requirement of an Official Gazette Order
A significant feature of Section 42A is that the restriction is not self-executing. The Central Government exercises the statutory power by an order published in the Official Gazette.
Accordingly, the nationality or foreign location of a broadcaster or performer by itself does not establish that Section 42A has excluded statutory protection. The terms and scope of the applicable Government order, if any, must be examined.
Section 42A and Section 40A
Section 40A of the Copyright Act, 1957 deals with the Central Government's power to extend Chapter VIII to broadcasting organisations and performers in certain other countries.
Section 42A addresses the converse situation. Where a foreign country does not provide adequate protection, the Central Government may restrict the application of provisions conferring rights on broadcasting organisations or performers connected with that country.
Section 42A and Section 43
Section 43 of the Copyright Act, 1957 provides for orders made by the Central Government under Chapter IX to be laid before both Houses of Parliament and to be subject to such modifications as Parliament may make in accordance with that section.
Key Features of Section 42A
| Point | Legal Position |
|---|---|
| Authority | Central Government |
| Trigger | Inadequate protection, or absence of an undertaking to provide adequate protection, in a foreign country |
| Persons affected | Specified foreign broadcasting organisations and performers falling within the statutory conditions |
| Method | Order published in the Official Gazette |
| Effect | Specified provisions conferring rights on broadcasting organisations or performers cease to apply to persons or entities covered by the order |
| Parliamentary control | Orders under Chapter IX are governed by Section 43 |
Legislative Background
Section 42A was introduced by Section 6 of the Copyright (Amendment) Act, 1999 and came into force on 15 January 2000. The provision expanded the international copyright framework to address the related rights of broadcasting organisations and performers.
The Copyright (Amendment) Act, 2012 subsequently inserted the proviso concerning the applicable period, with effect from 21 June 2012.
Related Provisions of the Copyright Act
Readers examining Section 42A may also refer to Section 40A, Section 41, Section 42, and Section 43 for the wider statutory framework governing international copyright protection.