Broadcasting organizations such as television, radio, etc., have been vested with certain rights called the "Rights of the Broadcasting Organizations." These rights inter alia include the exclusive right to reproduction for 25 years from the first broadcast date. Section 37 of the Act gave the broadcasting organizations the rights and was amended by the Copyright Amendment Act of 1994. Rights of the Broadcasting Organizations are categorized as neighboring rights or related rights since they act as an intermediary between the author of the work and the public at large.
Section 2 (dd) of the Act defines broadcast as communication to the public (i) by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds, or visual images; or (ii) by wire and includes a rebroadcast.
A broadcast organization shall mean any entity engaged in communicating to the public by using such means as mentioned under Section 2 (dd) of the Act, including communication through television, radio, etc.
Section 37 of the Copyright Act states that every broadcasting organization shall have a special right known as the ‘Broadcast Reproduction Right’, which shall be valid for 25 years from the first broadcast date.
Such rights shall include the exclusive right to do the following acts, as per Section 37 of the Copyright Act, namely:
1. Right to re-broadcast the broadcast;
2. Right to cause the broadcast to be heard or seen by the public on payment of any charges;
3. Right to make any sound recording or visual recording of the broadcast;
4. Right to make a reproduction of any sound recording or visual recording made of the broadcast;
5. Right to sell or give on commercial rental or offer for sale or such rental, any such sound recording or visual recording referred to in clause (iii) and (iv) above.
Section 37 further states that if any person without the license or consent of the broadcasting organization performs any of the aforesaid acts (in whole or part), then he shall be liable for infringing the rights of the broadcasting organization and shall be subject to legal action by such organization.
In Garware Plastics and Polyester Ltd., Bombay vs. Telelink, (AIR 1989 Bom 331), the Bombay High Court held that broadcasting a video film over a cable T.V. for charges without proper authorization amounted to infringement as per Section 37 of the Copyright Act.
Section 39A of the Copyright Act lays down certain exceptions to the rights granted by Section 37 of the Copyright Act:
1. Act of reproducing any sound or visual recording for private use or teaching and research work only;
2. Reproduction of the work for a judicial proceeding;
3. Reproduction for reporting, reviewing, or other things that come under fair dealing;
4. Reproduction of the work for use by members of the legislature; and
5. Other acts that are not considered infringement under Section 52 of the Copyright Act.