Is It Broadcast or Broadcasting?

Abstract

An authors’ right to communicate to the public also includes the right to ‘broadcast’ the work. However, the right to broadcast can only be commercially exploited with the help of broadcasting organizations. Due to the technical contributions of broadcasting organizations to disseminate the works to the public, they are given some rights which are known as broadcast reproduction rights or neighbouring rights. The Indian Copyright Act defines the word ‘broadcast’ which may be used for the purpose of determining the scope and ambit of broadcasting organizations’ ‘broadcast reproduction right’. In effect, there arises an ambiguity in law regarding the author’s right to broadcast and the broadcasting organization’s rights. Clarity on the definition of broadcast for the purpose of determining the rights of the author as well as those of the broadcasting organizations is necessary. This paper critically analyses the definition of broadcast under Indian Copyright Act by way of examining the relevant provisions in detail.