Section 37 of the Copyright Act,
1957.It is observed that Section 37 of the Copyright
Act deals with Broadcast Reproduction Rights (BRR)
and same ... rights of a broadcaster
known as Broadcasting Reproduction Right proving that
copyright is distinct from rights of a broadcaster and
therefore, the rights provided
meaning of
'Broadcasting' as defined under clause (c) of Section 2 of
the Prasar Baharti (Broadcasting Corporation of India)
Act ... fall within the definition of ‗broadcasting'
under section 2(c) of the Prasar Bharati (Broadcasting Corporation
of India) Act, 19907 and the relevant portion
under Broadcasting Service under reverse charge mechanism. He points out that Broadcasting in India is regulated by Prasar Bharti (Broadcasting Corporation of India) Act ... broadcasting of any programme or obtaining sponsorships for programme or collecting broadcasting charges on behalf of the said agency or organisation.
Broadcasting and broadcasting agency
broadcasting
organisation shall have a special right to be known as "broadcast
reproduction right" in respect of its broadcasts.
(2) The broadcast reproduction ... 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
musical, dramatic,
etc. and also his submission that the Copyright Act
acknowledges the broadcast right as a right similar to
„copyright‟. In view ... licensing broadcasting rights with both residents
as well as non-residents and entered into direct contracts with
the broadcasters for the licensing of broadcasting rights
musical, dramatic,
etc. and also his submission that the Copyright Act
acknowledges the broadcast right as a right similar to
„copyright‟. In view ... licensing broadcasting rights with both residents
as well as non-residents and entered into direct contracts with
the broadcasters for the licensing of broadcasting rights
broadcaster, M/s. TV9 Associated
Broadcasting Company Private Limited, although M/s. Mudra is neither a
broadcasting agency nor has provided broadcasting services to their ... broadcaster. The Appellant duly pays the broadcasting charges and
'broadcaster's service tax' to the television media (broadcaster) who pays
the broadcaster
subject-matter of the levy under the Central
Finance Act, 1994 , namely, broadcasting service and the respective
State enactments as providing entertainment to the subscribers ... Most importantly, even The Telecom Regulatory Authority of
India Act, 1997 expressly excludes broadcasting services from
the definition of 'telecommunication service provided under section
subject-matter of the levy under the Central
Finance Act, 1994 , namely, broadcasting service and the respective
State enactments as providing entertainment to the subscribers ... Most importantly, even The Telecom Regulatory Authority of
India Act, 1997 expressly excludes broadcasting services from
the definition of 'telecommunication service provided under section
such contents. Further section 37
of the same Act provides similar rights and protections to Broadcasting
rights, which is a species of genus of Copyright ... copyright1 under Income-tax Act, Copyright
Act or the DTAA.
3. Assuming without admitting that Broadcast reproduction right is included
in copyright under Copyright Act
