Rights Of Authors, Performers, And Broadcasting Organisations.
Rights of Authors, Performers, and Broadcasting Organisations in India
1. Rights of Authors
Authors are creators of literary, artistic, and musical works. Their rights are primarily protected under the Copyright Act, 1957.
Key Rights of Authors
Economic Rights
Right to reproduce the work
Right to distribute copies of the work
Right to perform, broadcast, or communicate the work publicly
Right to adapt or translate the work
Moral Rights
Right to claim authorship
Right to prevent distortion, mutilation, or modification of the work
2. Rights of Performers
Performers include actors, musicians, dancers, and other artists who perform a work. Their rights are protected under Section 38-43 of the Copyright Act, 1957.
Key Rights of Performers
Economic Rights
Right to reproduce and broadcast performances
Right to sell or rent performance recordings
Moral Rights
Right to claim authorship
Right to object to distortion or misuse of performance
3. Rights of Broadcasting Organisations
Broadcasting organisations are entities transmitting signals via television, radio, or other media. Their rights are protected under Section 37 and Section 38 of the Copyright Act, 1957.
Key Rights of Broadcasting Organisations
Right to prevent rebroadcasting or retransmission without consent
Right to control recording and reproduction of broadcasts
Right to financial compensation for unauthorized use
Judicial Precedents
1. Eastern Book Company v. D.B. Modak (2008) – Rights of Authors / Publishers
Facts:
The plaintiff, a publisher, reproduced Supreme Court and High Court judgments in their books.
Defendant reproduced the same content online.
Legal Issues:
Whether judgments of courts are copyrightable
Rights of publishers in reproducing legal content
Court’s Observations:
Authors/publishers of original compilations have copyright protection in selection, arrangement, and annotations.
Mere reproduction of bare judgments does not attract copyright.
Judgment:
The court recognized copyright in original annotations and compilations, protecting the publisher.
Significance:
Clarified the scope of authorship rights in compilations and annotated works.
2. Indian Performing Right Society (IPRS) v. Sanjay Dalia (2010) – Rights of Performers
Facts:
A restaurant played music without paying royalties to copyright holders.
Legal Issues:
Whether public performance of music requires permission from copyright holders
Liability of establishments for infringement
Court’s Observations:
Performers and authors have exclusive rights to public performance
License must be obtained before playing copyrighted music publicly
Judgment:
Court held that playing music without permission amounts to infringement.
Significance:
Reinforced the economic rights of performers and authors in public performances.
3. Entertainment Network (India) Ltd. v. Super Cassette Industries Ltd. (2008) – Broadcasting Rights
Facts:
Broadcasting company claimed unauthorized recording and reproduction of FM radio shows by the defendant.
Legal Issues:
Whether copying and rebroadcasting signals violates the rights of the broadcasting organisation
Court’s Observations:
Section 37 of Copyright Act grants broadcasters exclusive right to authorize rebroadcasting
Unauthorized recording or rebroadcasting constitutes infringement
Judgment:
Court restrained defendants from rebroadcasting and awarded damages.
Significance:
Strengthened exclusive broadcasting rights under Indian law.
4. Gramophone Company of India Ltd. v. Super Cassettes Industries Ltd. (2007) – Performers and Economic Rights
Facts:
The plaintiff’s songs were copied and reproduced on cassettes by the defendant without permission.
Legal Issues:
Whether unauthorized reproduction of recorded performances infringes performers’ rights
Court’s Observations:
Performers have rights to reproduce, distribute, and communicate their performances
Recording without consent is illegal
Judgment:
Court ruled in favour of the plaintiff, ordering cessation and damages.
Significance:
Reinforced performers’ rights to control reproduction and distribution of recorded performances.
5. Oxford University Press v. Rameshwari Photocopy Service (2016) – Authors’ Rights and Fair Use
Facts:
Rameshwari photocopied academic books and sold to students.
Publishers claimed infringement of copyright.
Legal Issues:
Whether photocopying for educational purposes falls under fair dealing
Extent of authors’ economic and moral rights
Court’s Observations:
Limited photocopying for classroom use constitutes fair dealing
Authors retain economic rights for commercial reproduction
Judgment:
Court balanced authors’ rights and public interest, allowing restricted educational use.
Significance:
Clarified the boundaries of authors’ rights vs. educational fair use.
6. Entertainment Network (India) Ltd. v. Super Cassettes Industries Ltd. (2012) – Rebroadcast and Performer Rights
Facts:
Unauthorized duplication of radio broadcasts for commercial purposes.
Legal Issues:
Scope of broadcasting rights vs. reproduction rights of performers
Court’s Observations:
Broadcasting rights and performer rights are distinct but overlapping
Unauthorized use infringes both copyright and performer rights
Judgment:
Court upheld injunctions and damages, recognizing both sets of rights.
Significance:
Clarified dual protection for performers and broadcasters under Indian law.
7. Indian Performing Rights Society v. Tata Sky (2018) – Broadcasting Organizations
Facts:
Tata Sky retransmitted songs and shows without permission from IPRS.
Legal Issues:
Whether broadcasting organizations’ rights cover satellite and cable retransmission
Court’s Observations:
Section 37 grants exclusive rights for rebroadcasting and communication
Unauthorized satellite retransmission violates broadcasting and performers’ rights
Judgment:
Court held Tata Sky liable for infringement.
Significance:
Strengthened protection of broadcasting organizations in the digital era.
Conclusion
Authors – Right to reproduce, adapt, perform, and claim moral rights.
Performers – Rights over recorded performances, public performance, and control over modifications.
Broadcasting Organizations – Exclusive rights to transmit, rebroadcast, and prevent unauthorized use.
Judicial Precedents in India demonstrate that:
Economic and moral rights are protected vigorously.
Courts balance public interest and private rights (e.g., educational use in Oxford University Press).
Unauthorized reproduction, rebroadcast, or performance attracts injunctions and damages.
Both authors and performers can seek remedies against commercial misuse of their creations.
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