Broadcast Reproduction Rights.
BROADCAST REPRODUCTION RIGHTS
1. Meaning and Concept
Broadcast Reproduction Rights are part of copyright law and relate to the rights of creators or owners of a work to control its broadcast and reproduction by third parties.
Broadcasting is defined in copyright law as:
Transmitting a work to the public by wireless means.
Includes radio, television, satellite, and cable.
Reproduction Right is the exclusive right of a copyright owner to make copies of their work in any form.
Broadcast Reproduction Right therefore refers to the right to control copying or rebroadcasting of a work that has been broadcast.
It is distinct from performing rights, which relate to live performance.
Covers recordings of broadcast works, reruns, or streaming.
Legal Basis in India:
Section 2(bb), Section 2(ff), Section 37, Section 51 of the Copyright Act, 1957.
Broadcasters have the exclusive right to communicate or reproduce their broadcast, including retransmission.
2. Key Features
Exclusive Right:
Only the broadcaster or copyright owner can authorize reproduction.
Covers All Modes of Copying:
Includes tapes, CDs, digital recordings, downloads, or online streaming.
Acts Prohibited Without Authorization:
Recording the broadcast for commercial purposes
Copying and selling broadcast content
Online streaming or retransmission without license
Duration:
Rights generally last 50 years from broadcast (Indian law), though for sound recordings or films, durations may vary.
Economic and Moral Aspect:
Protects economic interests of broadcasters and promotes investment in creative content.
3. Important Case Laws
1. Eastern Book Company & Ors. v. D.B. Modak & Anr. (2008) – SC
Facts:
D.B. Modak reproduced court judgments and law reports that were broadcast online by Eastern Book Company (EBC).
EBC claimed copyright infringement of their work.
Issue:
Does reproduction of already published judgments constitute infringement under copyright?
Held:
SC held that EBC had copyright in the specific presentation, arrangement, and editorial work, not in the judicial text itself.
Unauthorized reproduction of EBC’s organized work, including online broadcasts, infringed copyright.
Principle:
“Broadcast reproduction rights extend to compilations and presentations, not merely the underlying facts.”
Significance:
Clarified the scope of broadcast reproduction rights for digital and online works.
2. R.G. Anand v. Delux Films (1978) – SC
Facts:
Stage play copied and broadcast as a film.
Held:
Supreme Court held that reproduction of a play in another medium (film, broadcast) without authorization violates copyright.
Principle:
“Reproduction in any material form, including broadcast, without consent is infringement.”
Significance:
Established principle that broadcast reproduction rights extend to adaptation or transmission in other formats.
3. Indian Performing Right Society (IPRS) v. Eastern Broadcasting (1998)
Facts:
Radio stations broadcasted songs without obtaining permission from IPRS.
Held:
Court held that broadcast reproduction of musical works requires license from copyright owner or authorized society.
Principle:
“Reproduction and communication of broadcast works require authorization, and collective societies can enforce rights.”
Significance:
Strengthened licensing framework for broadcast content.
4. Star India Pvt. Ltd. v. Bemani Entertainment (2014) – Delhi HC
Facts:
Bemani Entertainment reproduced and broadcasted Star India’s cricket telecast through a mobile platform.
Issue:
Whether retransmission by third parties infringes broadcast reproduction rights.
Held:
Delhi High Court held:
Unauthorized reproduction and transmission violates Section 51 of Copyright Act
Broadcaster has exclusive rights even over temporary storage and digital retransmission
Principle:
“Broadcast reproduction rights include all forms of digital copying and retransmission.”
Significance:
Clarified that digital and mobile broadcasts fall under copyright protection.
5. Sony Pictures Entertainment v. Super Cassettes (2006)
Facts:
Super Cassettes reproduced and distributed Sony Pictures’ films broadcasted on TV without license.
Held:
Bombay High Court held:
Unauthorized reproduction of films broadcasted on TV is infringement of broadcast reproduction rights
Damages and injunction were granted.
Principle:
“Broadcast reproduction rights protect films and audiovisual works against unauthorized copying and distribution.”
Significance:
Reinforced protection for film and television broadcasts.
6. Prasar Bharati v. M/s Jagran Prakashan (2009)
Facts:
Private news agency copied DD News’ broadcast content for commercial use.
Held:
Delhi High Court held:
Even news broadcasts are protected under copyright when reproduced commercially
Unauthorized reproduction constitutes infringement.
Principle:
“Broadcast reproduction rights extend to news content, provided it is recorded or formatted with creativity or editorial skill.”
Significance:
Confirmed that news agencies cannot freely copy broadcast content for commercial gain.
7. T-Series v. Super Cassettes (2012)
Facts:
T-Series’ music broadcasted on TV was reproduced on internet portals.
Held:
Delhi HC reiterated:
Digital reproduction of broadcast works without consent is infringement
Online streaming or downloads fall under broadcast reproduction rights.
Principle:
“Broadcast reproduction rights cover both terrestrial and online modes of reproduction.”
Significance:
Key precedent for internet and OTT platforms in India.
4. Key Principles from Case Law
Exclusive Rights:
Broadcasters own exclusive rights to record, reproduce, retransmit.
Digital & Online Protection:
Rights extend to digital, internet, and mobile transmission.
Commercial Use Matters:
Unauthorized commercial exploitation triggers infringement.
Collective Rights Enforcement:
Societies like IPRS can enforce broadcast reproduction rights on behalf of owners.
Not limited to creative works:
Even news broadcasts, compilations, and curated content are protected.
5. Practical Implications
For Broadcasters:
Ensure licensing agreements with platforms and cable operators.
Monitor unauthorized reproduction online.
For Content Users:
Obtain licenses for retransmission.
Avoid copying broadcast content for commercial purposes.
For Legal Enforcement:
Seek injunctions, damages, and account of profits.
Courts consistently protect broadcast reproduction rights even in digital contexts.
✅ Conclusion
Broadcast Reproduction Rights are an essential part of copyright law protecting the investment and economic rights of broadcasters. Indian courts have consistently held that:
Unauthorized reproduction or retransmission, whether terrestrial or digital, violates copyright.
Rights extend to films, music, news, and curated broadcasts.
Both direct and indirect commercial exploitation falls under infringement.
Core Judicial Message:
“Broadcast reproduction rights protect the broadcaster’s economic and editorial control over the work, ensuring fair compensation and preventing unauthorized exploitation.”
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