Section 40A – THE COPYRIGHT ACT, 1957

(1) If the Central Government is satisfied that a foreign country
(other than a country with which India has entered into a treaty or which is a party to a convention relating to
rights of broadcasting organisations and performers to which India is also a party) has made or has undertaken
to make such provisions, if any, as it appears to the Central Government expedient to require, for the protection
in that foreign country, of the rights of broadcasting organizations and performers as is available under this
Act, it may, by order published in the Official Gazette, direct that the provisions of Chapter VIIIshall apply—
(a) to broadcasting organisation whose headquarters is situated in a country to which the order
relates or, the broadcast was transmitted from a transmitter situated in a country to which the
order relates as if the headquarters of such organisation were situated in India or such broadcast
were made from India;
(b) to performances that took place outside India to which the order relates in like manner as if they
took place in India;
(c) to performances that are incorporated in a sound recording published in a country to which the
order relates as if it were published in India;
(d) to performances not fixed on a sound recording broadcast by a broadcasting organisation the
headquarters of which is located in a country to which the order relates or where the broadcast
is transmitted from a transmitter which is situated in a country to which the order relates as
if the headquarters of such organisation were situated in India or such broadcast were made from
India.
(2) Every order made under sub-section (1) may provide that—
(i) the provisions of Chapter VIII, shall apply either generally or in relation to such class or
classes of broadcasts or performances or such other class or classes of cases as may be specified in the
order;

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Ins. by Act 49 of 1999, s. 5 (w.e.f. 15-1-2000).
(ii) the term of the rights of broadcasting organisations and performers in India shall not exceed such
term as is conferred by the law of the country to which the order relates
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[Provided that it does not exceed the period provided under this Act;]
(iii) the enjoyment of the rights conferred by Chapter VIII shall be subject to the accomplishment of
such conditions and formalities, if any, as may be specified in that order;
(iv) Chapter VIII or any part thereof shall not apply to broadcast and performances made before the
commencement of the order or that Chapter VIII or any part thereof shall not apply to broadcasts and
performances broadcast or performed before the commencement of the order;
(v) in case of ownership of rights of broadcasting organisations and performers, the provisions of
Chapter VIII shall apply with such exceptions and modifications as the Central Government may,
having regard to the law of the foreign country, consider necessary.]