Broadcast reproduction right
— (1) Every broadcasting organisation shall have a special right to be
known as “broadcast reproduction right” in respect of its broadcasts.
(2) The broadcast reproduction right shall subsist until twenty-five years from the beginning of the
calendar year next following the year in which the broadcast is made.
(3)During the continuance of a broadcast reproduction right in relation to any broadcast, any person who,
without the licence of the owner of the right does any of the following acts of the broadcast or any substantial
part thereof,—
(a) re-broadcast the broadcast; or
(b) causes the broadcast to be heard or seen by the public on payment of any charges; or
1 Subs. by Act 27 of 2012, s. 23(b), for “owner of rights” (w.e.f. 21-6-2012).
2 Subs. by Act 27 of 2012, s. 24(a), for “performing rights society” (w.e.f. 21-6-2012).
3 Subs. by s. 24(b), ibid., for “the Copyright (Amendment) Act, 1994 (38 of 1994)” (w.e.f. 21-6-2012).
4 Subs. by Act 38 of 1994, s. 12, for “RIGHTS OF BROADCASTING AUTHORITIES” (w.e.f. 10-5-1995).
5 Subs. by Act 38 of 1994, s. 13, for section 37 (w.e.f. 10-5-1995).
(c) makes any sound recording or visual recording of the broadcast; or
(d) makes any reproduction of such sound recording or visual recording where such initial
recording was done without licence or, where it was licensed, for any purpose not envisaged by such
licence; or
1
[(e) sells or gives on commercial rental or offer for sale or for such rental, any such sound
recording or visual recording referred to in clause (c) or clause (d)].]
shall, subject to the provision of section 39, be deemed to have infringed the broadcast reproduction right.
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