(ii)
where the reproduction is made for purposes different from those for
which the performers gave their authorization;
(iii)
where the performance was initially fixed in accordance with the
provisions of Section 2.7, but reproduction is made for purposes
different from any of those referred to in that section.
(2)
Once the performers have authorized the incorporation of their performance in a
visual or audiovisual fixation and that fixation has been made available to the public
with the authorization of the performer the provisions of sub-section (1) shall have no
further application.
(3)
Nothing in this Section shall be construed to deprive performers of the right to agree
by contracts on terms and conditions more favorable for them in respect of any use of
their performance.
(4)
The protection under this Section shall subsist for 50 years computed from the end of
the year in which the performance took place.
B.
RIGHTS OF BROADCASTING AUTHORITIES
Broadcasting reproduction rights are:
(I)
Where any programme is broadcast by the Government or any other broadcasting
authority, a special right to be known as "broadcasting reproduction right" shall
subsist in such programme.
(2)
The Government or other broadcasting authority, as the case may be, shall be the
owner of the broadcast reproduction right and such right shall subsist for twenty-five
years computed from the end of the year in which the broadcast took place.
(3)
During the existence of a broadcast reproduction right in relation to any programme,
any person who,
(a)
(b)
(4)
without the license of the owner of the right
(i)
broadcasts the programme in question or any substantial part thereof;
or
(ii)
causes the programme in question or any substantial part thereof to
be heard in public; or
(iii)
communicate television broadcast to the public;
Without the license of the owner of the right to utilize the broadcast for the
purpose of making a record, recording the programme in question or any
substantial part thereof, makes any such record or reproduces any such
record shall be deemed to infringe that broadcast reproduction right.
Other provisions of this Chapter to apply to broadcast reproduction rights. Section
2.27, 2.28,2.29,2.48,2.42 shall, with any necessary adaptation, apply in relation to
the broadcast reproduction right in any programme as they apply to the copyright in a
work. Provided that a license to utilize a programme in which broadcast reproduction
right subsists, or any substantial part of such programme, shall not take effect unless
a person to whom such license is granted has also obtained a license to make record,
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