Broadcast
Querist :
Anonymous
(Querist) 22 August 2011
This query is : Resolved
Does an interview which has been broadcast live qualify as a broadcast under sec 37 of the Indian copyright act or as a literary work?
R.Ramachandran
(Expert) 22 August 2011
What is the basis on which you can say that it is a literary work?
prabhakar singh
(Expert) 22 August 2011
(dd) "broadcast means communication to the public-
(i) by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or
(ii) by wire, and includes a re-broadcast;
37.Broadcast reproduction right.
37. (1)Broadcast reproduction right. Where any programme is broadcast by the Government or any other broadcasting authority, a special right
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1 Omitted by Act 23 of 1983, s.15 (w.e.f.9.8.1984)
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25.to be known as " broadcast reproduction right " shall subsist in such programme.
(2) The Government or other broadcasting authority, as the case may be, shall be the owner of the broadcast reproduction right and such right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the programme is first broadcast.
(3) During the continuance of a broadcast reproduction right in relation to any programme, any person who,-
(a) without the licence of the owner of the right-
(i)rebroadcasts the programme in question or any substantial part thereof ; or
(ii)causes the programme in question or any substantial part thereof to be heard in public ; or
(b) without the licence of the owner of the right to utilise the broadcast for the purpose of making a record recording the programme in question or any substantial part thereof, makes any such record,
shall be deemed to infringe that broadcast reproduction right.
So i think it now gets clear to as your query is covered by section 37 and do not wander to get confused.
K.S.Srinivas
(Expert) 22 August 2011
Mr.Prabhakar Singh clearly answered the query.
Querist :
Anonymous
(Querist) 23 August 2011
With due respect you are incorrect...the broadcast rights only apply to infringements regarding broadcasts....the interview would still be counted as a literary work and a separate copyright protection for that exists too
girish shringi
(Expert) 26 August 2011
Interview never considered to be an evidence or confirmed facts of a person it may differs time by time hence it can not be registered under Copyright Act.
Otherwise what will happen salman khan has to merry hundred times,Pranab Mukharji can be charged for wrong figures of GDP which are always changing.
