Other provisions applying to broadcast reproduction right and performer’s right

(1) Sections 18 (Assignment of copyright), 19 (Mode of assignment), 30 (Licenses by owners of copyright), 33 (Registration of Copyright Society), 33A (Tariff Scheme by copyright societies), 34 (Administration of rights of owner by copyright society), 35 (Control over the copyright society by the author and other owners of right), 36 (Submission of returns and reports), 53 (Importation of infringing copies), 55 (Civil remedies for infringement of copyright), 58 (Rights of owner against persons possessing or dealing with infringing copies), 63 (Offence of infringement of copyright or other rights conferred by Indian Copyright Act), 64 (Power of police to seize infringing copies), 65 (Possession of plates for purpose of making infringing copies), 65A (Protection of technology measures), 65B (Protection of Rights Management Information) and 66 (Disposal of infringing copies or plates for purpose of making infringing copies) shall, with any necessary adaptations and modifications, apply in relation to the broadcast reproduction right in any broadcast and the performers’ 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 license to reproduce such broadcast shall be given without the consent of the owner of rights 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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