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Sec 39A, Copyright Act 1957: Certain provisions to apply in case of broadcast reproduction right

Section 39A (Certain provisions to apply in case of broadcast reproduction right and performer’s rights) under Chapter VIII (Rights of Broadcasting Organisation and of Performers) of the Copyright Act 1957

❝(1) Sections 18, 19, 30, 30A, 33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B and 66 shall, with necessary adaptations and modifications, apply in relation to the broadcast reproduction right in any broadcast and the performer's right in any performance as they apply in relation to copyright in a work:

 Provided that where copyright or performer’s right subsists in respect of any work or performance that has been broadcast, no licence to reproduce such broadcast, shall be given without the consent of the owner of right or performer, as the case may be, or both of them:

 Provided further that the broadcast reproduction right or performer’s right shall not subsist in any broadcast or performance if that broadcast or performance is an infringement of the copyright in any work.

(2) The broadcast reproduction right or the performer’s right shall not affect the separate copyright in any work in respect of which, the broadcast or the performance, as the case may be, is made.❞



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Notes:

Section 39A of the Copyright Act 1957 was :
- inserted by the Copyright (Amendment) Act 1994 (No. 38 of 1994), sec. 15, w.e.f. 10-May-1995;
- substituted by the Copyright (Amendment) Act 2012 (No. 27 of 2012), sec. 28, w.e.f. 21-Jun-2012.

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