Understanding the Copyright Act, 1957: Rights of Broadcasting Organisations

When a television channel spends crores of rupees to secure the rights to broadcast a major cricket series – setting up cameras, deploying commentary teams, managing satellite feeds – the last thing it wants is a rival operator picking up that signal and rebroadcasting it for free. This is exactly the concern that the Copyright Act, 1957 addresses through its dedicated provisions for broadcasting organisations. Chapter VIII of the Act, specifically Sections 37 to 39A, creates a distinct set of rights for broadcasters that sit alongside – but are separate from – traditional copyright. Understanding these provisions is essential for anyone studying intellectual property law in India.

What makes broadcasting rights different from copyright? 🔗

Broadcasting organisations – whether television channels, radio stations, or cable networks – are not ordinarily the authors of the content they transmit. A news channel does not write the news story; a music radio station does not compose the songs it plays. Yet these organisations make enormous investments in infrastructure, equipment, licensing, and distribution to bring content to audiences. The law recognises this contribution by granting them what are known as neighbouring rights or related rights: protections that do not arise from authorship but from the act of broadcasting itself.

These rights are categorised as neighbouring rights because they act as an intermediary between the author of a work and the public at large. The broadcaster does not own the copyright in the underlying film, song, or programme – but it does own a distinct right in the broadcast signal it produces and transmits.

Defining “broadcast” and “broadcasting organisation” under the Act 🔗

Before examining the rights themselves, it is important to understand what the Act means by these terms. Section 2(dd) of the Copyright Act defines “broadcast” as communication to the public either by any means of wireless diffusion – whether in the form of signs, sounds, or visual images – or by wire, and specifically includes a rebroadcast. This definition is deliberately wide: it covers terrestrial television, FM radio, cable transmission, and satellite broadcasting.

Interestingly, the Act does not separately define a “broadcasting organisation.” However, since any entity that engages in communicating to the public using the means described under Section 2(dd) falls within the scope of these provisions, any organisation providing broadcast services is covered under the ambit of broadcasting organisations. This interpretive approach has become the source of significant legal debate in the context of internet streaming, as we will explore later.

The broadcast reproduction right: Section 37 🔗

The core provision is Section 37, which was significantly strengthened by the Copyright Amendment Act of 1994. It creates a special right called the “broadcast reproduction right” – a term that captures exactly what it protects: the right of a broadcaster over the reproduction and use of its own broadcast.

Duration of the right 🔗

The broadcast reproduction right lasts for 25 years from the beginning of the calendar year that follows the year in which the broadcast was made. To illustrate: if a channel broadcasts a programme on any date in 2024, protection runs until the end of 2049. This 25-year term is notably shorter than the protection available to authors of literary, dramatic, musical, or artistic works – which extends to the lifetime of the author plus 60 years. The shorter term reflects the understanding that a broadcast’s commercial value is typically more immediate and time-sensitive than that of an underlying creative work.

The exclusive rights granted 🔗

During the subsistence of the broadcast reproduction right, a broadcasting organisation holds exclusive authority over the following acts in relation to its broadcast or any substantial part of it:

1. Right to rebroadcast: No other entity can take the broadcast signal and retransmit it to an audience without the original broadcaster’s authorisation. This ensures that the original broadcaster has full authority over its content and prevents any unauthorised rebroadcast from taking place. The practical importance of this right in preventing signal piracy – where an operator intercepts and redistributes a live broadcast – cannot be overstated.

2. Right to communicate to the public for payment: A broadcaster has the exclusive right to cause its broadcast to be seen or heard by the public in exchange for charges. This means that, for example, a hotel or a cinema hall screening a live-broadcast event on payment of an entry fee must first obtain the broadcaster’s permission.

3. Right to make sound or visual recordings: Broadcasting organisations hold the exclusive right to make any sound recording or visual recording of their broadcast. This protects the broadcaster’s ability to archive and commercially exploit recordings of its transmissions.

4. Right to reproduce such recordings: Beyond making the initial recording, the broadcaster also controls any subsequent reproduction of that recording. If someone were to copy a recorded broadcast and distribute copies, this right is violated.

5. Right to sell or commercially rent recordings: The broadcaster holds the exclusive right to sell or offer on commercial rental any sound or visual recordings of its broadcasts. Distributing such recordings commercially without authorisation – even if the initial recording was licensed – constitutes infringement under the Act.

What constitutes infringement? 🔗

Section 37(3) makes clear that any person who, without the licence of the owner of the broadcast reproduction right, performs any of the above acts in relation to a broadcast or a substantial part of it, shall be deemed to have infringed that right. The Act also treats it as infringement to reproduce a recording where the initial recording was made without a licence, or where it was licensed but used for a purpose not covered by that licence.

Indian courts have applied these principles in practice. In the early case of Garware Plastics and Polyester Ltd. v. Telelink (AIR 1989 Bom 331), the Bombay High Court held that broadcasting a video film over cable television for charges without proper authorisation amounted to infringement under Section 37. More recently, in Star India Pvt. Ltd. v. Piyush Agarwal (2013), the Delhi High Court affirmed the protection of broadcast signals against unauthorised retransmission, and in ESPN Software India Pvt. Ltd. v. Tudu Enterprise (2018), an injunction was granted against the unauthorised redistribution of sports broadcasts.

Exceptions under Section 39A 🔗

The broadcast reproduction right is not absolute. Section 39A carves out certain exceptions, aligning the law with principles of fair dealing. Acts that do not constitute infringement include reproducing a sound or visual recording for private use, or for teaching and research; reproduction for judicial proceedings; use for reporting current events or for bona fide review; reproduction for use by members of a legislature; and any other act that would not amount to infringement under the broader fair dealing provisions of Section 52 of the Act. These exceptions balance the broadcaster’s proprietary interest with legitimate public and educational uses.

Broadcast rights and the layered protection structure 🔗

A critical point to understand – and one that frequently appears in examinations – is that the broadcast reproduction right and the copyright in the underlying content are two entirely separate layers of protection. Broadcast reproduction rights protect the broadcast signal, not the content itself, which may have separate copyrights. For instance, if a music channel broadcasts a Bollywood song, the song’s composers and lyricists hold copyright in the musical and literary works, the film producer holds copyright in the sound recording, the performers may hold performer’s rights – and the channel holds a broadcast reproduction right in its own signal. Obtaining permission at one level does not substitute for obtaining it at another.

Statutory licensing under Section 31D 🔗

While Section 37 grants rights to broadcasting organisations as owners, Section 31D addresses them in their capacity as users of copyrighted content. Introduced by the Copyright Amendment Act of 2012, Section 31D provides for a statutory licence for the broadcasting of literary and musical works and sound recordings. Under this provision, a broadcasting organisation that wishes to broadcast a published literary, musical, or sound recording work may do so by giving prior notice of the intended broadcast and paying royalties at the rate determined by the Appellate Board – without needing to separately negotiate a licence from every individual rights holder. This was designed primarily to support the emerging private radio and television industry and balance the negotiating power of large music labels.

However, the scope of Section 31D has been sharply contested. In the landmark case of Tips Industries Ltd. v. Wynk Music Ltd. (2019), the Bombay High Court held that internet broadcasting organisations cannot enjoy the benefits of a statutory licence under Section 31D, as the legislature’s intention was to restrict the provision to radio and television broadcasting. The court noted that since Section 31D is an exception to an exclusive right, it must be construed strictly. This decision has significant implications for music streaming platforms and OTT services, and the debate about whether Section 31D should be extended to cover digital broadcasters through legislative amendment continues to be actively discussed – including before Parliamentary Standing Committees.

Remedies for infringement 🔗

Broadcasting organisations whose rights are violated have access to the full range of remedies available under the Copyright Act. On the civil side, they can seek injunctions to prevent further infringement, damages, or an account of profits from the infringing party. On the criminal side, infringers can face up to three years of imprisonment and fines under Section 63 of the Act. Courts can also order the seizure and destruction of infringing copies. Given the time-sensitive nature of live broadcasts – particularly in sports and news – courts have readily granted urgent interim injunctions in such cases.

Why these rights matter for India’s broadcasting sector 🔗

The broadcast reproduction right serves a purpose beyond merely protecting the commercial interests of media companies. Broadcasting – whether news, entertainment, or sports – requires substantial upfront investment in infrastructure, talent, and licences. Without legal protection against free-riding, there would be little incentive for organisations to make these investments. By securing exclusive rights over the signal they produce, the law enables broadcasters to monetise their content, attract advertising revenues, and recover their costs. This, in turn, supports a robust and competitive media ecosystem. In an era where digital piracy and signal theft have become increasingly sophisticated, broadcasting organisations must actively use legal avenues to protect their rights – and a clear understanding of Section 37 and related provisions is the starting point for doing so.

What do you think? Given that streaming platforms like JioSaavn or Spotify now reach far larger audiences than traditional radio, should Section 31D’s statutory licensing regime be extended to cover internet broadcasters – and how would such an extension affect the rights of independent music creators? And since the broadcast reproduction right lasts only 25 years compared to the lifetime-plus-60-years protection for authors, does this shorter term adequately reflect the real commercial value that broadcasting organisations contribute to the cultural economy?

References

1. https://www.indiacode.nic.in/handle/123456789/1367
2. https://www.quickcompany.in/articles/rights-of-broadcasting-organization-under-the-copyright-act-1957
3. https://legalserviceindia.com/legal/article-4851-internet-broadcasting-under-the-copyright-act-1957.html
4. https://thelegalschool.in/blog/broadcast-reproduction-right
5. https://www.sonisvision.in/blogs/rights-of-broadcasting-organisations-under-indian-copyright-law
6. https://www.mondaq.com/india/copyright/744338/all-about-section-31-d-of-copyright-act-1957
7. https://ssrana.in/articles/internet-broadcasting-statutory-license-section-31d-copyright/