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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Copyright

A news channel, Bharat Samachar, airs a 20-second excerpt of a live musical performance broadcast by another channel while reporting a current event about the concert's cancellation. The use is consistent with fair dealing. Does this infringe the performer's right or broadcast reproduction right?

It does not infringe. Section 39(b) says use, consistent with fair dealing, of excerpts of a performance or broadcast in reporting current events is not an infringement of the broadcast reproduction right or performer's right. Purposes are not limited to teaching or research, and no consent is required.

  1. AYes, because excerpts of broadcasts can never be reused by another broadcaster
  2. BYes, because only teaching and research are permitted purposes
  3. CNo, because fair dealing use of excerpts in reporting current events is not an infringementCorrect
  4. DNo, but only if the performer consents in writing

Explanation

Section 39(b) protects the use, consistent with fair dealing, of excerpts of a performance or broadcast in reporting current events or for bona fide review, teaching or research. Reporting current events is expressly listed, so option on teaching-only is wrong. No written consent is required.

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