right upon ESPN India to
broadcast/telecast certain specific sports channels. He submitted,
while granting such distribution right the assessee had not
transferred any right ... Broadcast reproduction right.-- (1) Every broadcasting
organisation shall have a special right to be known as "broadcast
reproduction right" in respect
right to
either use or exploit the content is granted.
• The distribution right is a purely commercial right
which is distinct from right ... right' are distinctive rights as specified in the
Copyright Act, 1957 . The Appellant has granted commercial
rights in the nature of broadcast reproduction right
broadcast reproduction right' has been defined
in Section 37 and both are two distinctive and separate rights.
'Broadcast reproduction right ... legal right, it must obtain not merely legal
protection, but also legal recognition."
Meaning thereby, a right can become a legal right only
holding that distribution revenues are attributable to broadcast
reproduction right granted to NGC India and broadcast reproduction right is
not included in the definition ... Copyright
Act or the DTAA.
3. Assuming without admitting that Broadcast reproduction right is included
in copyright under Copyright Act , the learned C1T(A) erred
Section 37 of the Copyright Act
separately deals with 'Broadcast Reproduction Right' of a
broadcasting organization. Section 37 of the Copyright Act provides ... that the distribution rights are in the nature of commercial
rights and hence they are distinct and different from copy right
territory. Thus, what the
assessee has is a broadcasting reproduction right, which is
completely different from copyright. He submitted, this
broadcasting reproduction right has been ... 2011
held that the distribution right of a channel is purely commercial
right and is distinct from the right to use the copyright, hence,
cannot
right to use, any copyright of a literary, artistic, or scientific work, including cinematograph films or work on film, tape or other means of reproduction ... right to use, any copyright or a literary, artistic, or scientific work, including cinematograph films or work on film, tape or other means of reproduction
Exclusive right of performers._(1) Without prejudice to the
rights conferred on authors, the performer‟s right which is an exclusive right
subject ... films.
37. Broadcast reproduction right. - (1) Every broadcasting
organization shall have a special right to be known as "broadcast
reproduction right" in respect
that Saregama has
lawful right under the said agreement to grant license to use the said song
either by reproduction in its entirety ... paragraphs 31:160 to argue that so long as plaintiff proves rights superior to
defendant, that is enough. As a matter of policy, Jus tertii
14bis.
37. Learned senior counsel for the plaintiff pointed out that
reproduction right was included under Article 9 of the Berne
CS (COMM) 753/2017 ... synonym of
reproduction' and defines ‗copy' as ―the result of reproduction of a
work or object of related rights. It may be permanent
