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

Riya, a research scholar, records a televised lecture series on her phone solely for bona fide research on constitutional history. The broadcaster alleges infringement of its broadcast reproduction right. Under the Copyright Act, 1957, what is the position?

There is no infringement. Section 39(a) says making a sound or visual recording solely for bona fide teaching or research, or for private use, does not infringe the broadcast reproduction right. Riya recorded the lectures for research, so the broadcaster's claim fails and no licence or royalty is needed.

  1. AInfringement, because any recording of a broadcast needs the broadcaster's licence
  2. BNo infringement, because a recording made solely for bona fide research does not infringe the broadcast reproduction rightCorrect
  3. CInfringement, unless she deletes the recording within one year
  4. DNo infringement, but only if the broadcaster is paid a statutory royalty

Explanation

Section 39(a) provides that no broadcast reproduction right or performer's right is infringed by making a sound or visual recording for private use or solely for bona fide teaching or research. Riya's purpose is research, so the exception applies. No licence, royalty or deletion condition is stated in the section.

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