Statutory License for Broadcasting of Literary and Musical Works and Sound Recording

(1) Any broadcasting organization desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording which has already been published may do so subject to the provisions of this section.

(2) The broadcasting organization shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and territorial coverage of the broadcast, and shall pay the owner of rights in each work royalties in the manner and at the rate fixed by the Copyright Board.

(3) The rates of royalty for radio broadcasting shall be different from television broadcasting and the Copyright Board shall fix separate rates for radio broadcasting and television broadcasting.

(4) In fixing the manner and the rate of royalty under sub-section (2), the Copyright Board may require the broadcasting organization to pay an advance to the owners of the rights.

(5) The names of the authors and the principal performers of the work shall, except in case of the broadcasting organization communicating such work by way of performance, be announced with the broadcast.

(6) No fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for the convenience of broadcast, shall be made without the consent of the owners of rights.

(7) The broadcasting organization shall-

  • Maintain such records and books of account, and render to the owners of rights and such reports and accounts; and
  • Allow the owner of the rights or his duly authorized agent or representative to inspect all records and books of account related to such broadcast, in such manner as may be prescribed.

(8) Nothing in this section shall affect the operation of any license issued or any agreement entered into before the commencement of the Copyright Amendment Act, 2012.


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