Section 39A of CA, 1957 : Section 39A: Certain Provisions To Apply In Case Of Broadcast Reproduction Right And Performer?S

Explanation using Example

Let's imagine a scenario in which a popular singer, John, performs a live concert, which is broadcasted by XYZ Radio Station. According to Section 39A of The Copyright Act, 1957, both John (as the performer) and XYZ Radio Station (as the broadcaster) have certain rights related to this broadcast. This means that if a third party, say ABC Music Company, wants to reproduce this broadcast, they would need to obtain consent from both John and XYZ Radio Station.

However, if John performed a song during this concert for which he doesn't own the copyright, the broadcast or performance of that song would infringe on the copyright of the original copyright holder. In this case, neither John nor XYZ Radio Station would have the broadcast reproduction right or performer's right for that specific song.

Additionally, the broadcast reproduction right or performer's right does not affect the separate copyright of any work involved. For instance, if John sang a song written by another songwriter, the songwriter's copyright is not affected by the broadcast or performance rights of John or XYZ Radio Station.