Section 38A. Exclusive right of performers

CHAPTER VIII 3[RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS] 4[37. 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 (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 5 [(e) sells or given on commercial rental or offer for sale or for such rental, may such sound recording or visual recording referred to in clause (c) or clause (d)].] 6[38. Performer's right. —(1) Where any performer appears or engages in any performance, he shall have a special right to be known as the "performer's right" in relation to such performance. (2) The performer's right shall subsist until[7] [fifty years] from the beginning of the calendar year next following the year in which the performance is made. 8* * * * *] 9[ 38A. Exclusive right of performers .—(1) Without prejudice to the rights conferred on authors, the performer's right which is an exclusive right subject to the provisions of this Act to do or authorise for doing any of the following acts in respect of the performance or any substantial part thereof, namely:— (a) to make a sound recording or a visual recording of the performance, including— (i) reproduction of it in any material form including the storing of it in any medium by electronic or any other means; (ii) issuance of copies of it in any material form including the storing of it in any medium by electronic or any other means; 1. Subs. by Act 27 of 2012, s. 24, for "performing rights society" (w.e.f. 21-6-2012). 2. Subs. by s. 24, ibid ., for "the Copyright (Amendment) Act, 1994 (38 of 1994)" (w.e.f. 21-6-2012). 3. Subs. by Act 38 of 1994, s. 12, for "RIGHTS OF BROADCASTING AUTHORITIES" (w.e.f. 10-5-1995). 4. Subs. by s. 13, ibid ., for section 37 (w.e.f. 10-5-1995). 3. Subs. by Act 27 of 2012, s. 25, for clause (e) (w.e.f. 21-6-2012). 6. Subs. by Act 38 of 1994, s. 14, for section 38 (w.e.f. 10-5-1995). 7. Subs. by 49 of 1999, s. 4, for "twenty-five years" (w.e.f. 15-1-2000). 8. Omitted by Act 27 of 2012, s. 26 (w.e.f. 21-6-2012). 9. Ins. by s. 27, ibid. (w.e.f. 21-6-2012). (iii) communication of it to the public; (iv) selling or giving it on commercial rental or offer for sale or for commercial rental any copy or the recording; (b) to broadcast or communicate the performance to the public except where the performance is already broadcast. (2) Once a performer has, by written agreement, consented to the incorporation of his performance in a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performer's right in the same film: Provided that, notwithstanding anything contained in this sub-section, the performer shall be entitled for royalties in case of making of the performances for commercial use.