3.3 What is a and a organization’? ‘broadcast’ ‘broadcasting As seen in Section 2.2, whether a particular broadcast is protected under the copyright law is contingent on its being covered by the definition of the term This is on the account of the fact that the medium ‘broadcast.’ of transmission must be covered under the definition. Thus, a particular medium of transmission may technologically be defended as a broadcast but it may not warrant protection unless it satisfies the statutory definition. The Indian Copyright Act, 1957 does not recognize a broadcast as an independent creative work but grants reproduction’ rights ‘broadcast to broadcasting organizations. Section 2(dd) defines broadcast as follows: means communication to the public- “Broadcast’ (i) by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or (ii) by wire, and includes a re-broadcast.” The word can be used in two contexts, i) as a verb describing ‘broadcast’ the transmission i.e. ii) as a term denoting either the signal ‘broadcasting’, or the act of transmitting the broadcast signals. But the right to transmit the work thereby communicating it to the public is the author’s right and not the broadcaster’s right. Assuming this the would only ‘broadcast’ cover the signal and not the entire transmission. International conventions including the Rome Convention define the word and not the word in terms of transmission of ‘broadcasting’ ‘broadcast’ the work through wireless means. Thus in the international context the word is used as a noun denoting the signal, which is to be ‘broadcast’ protected, and the word is used to denote the act of ‘broadcasting’ transmission. Whereas, in the Indian context, it is used as a verb to demonstrate the mode of transmission of the signal. It is the right of the author to the work broadcasted (noun)’ and it is the right of the ‘have broadcasting organizations to (verb) the work. ‘broadcast’ The definition does not clarify whether the to be considered is ‘diffusion’ by analogue signals (TV and radio) alone or also by digital signals (Internet). However, the definition of to the public’ ‘communication conveys that satellite or cable any other means of simultaneous ‘or communication’ where information reaches more than one household is
3.3 What is a ‘broadcast’ and a ‘broadcasting organization’? As seen in Section 2.2, whether a particular broadcast is protected under the copyright law is contingent on its being covered by the definition of the term ‘broadcast.’ This is on the account of the fact that the medium of transmission must be covered under the definition. Thus, a particular medium of transmission may technologically be defended as a broadcast but it may not warrant protection unless it satisfies the statutory definition. The Indian Copyright Act, 1957 does not recognize a broadcast as an independent creative work but grants ‘broadcast reproduction’ rights to broadcasting organizations. Section 2(dd) defines broadcast as follows: “Broadcast’ means communication to the public- (i) by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or (ii) by wire, and includes a re-broadcast.” The word ‘broadcast’ can be used in two contexts, i) as a verb describing the transmission i.e. ‘broadcasting’, ii) as a term denoting either the signal or the act of transmitting the broadcast signals. But the right to transmit the work thereby communicating it to the public is the author’s right and not the broadcaster’s right. Assuming this the ‘broadcast’ would only cover the signal and not the entire transmission. International conventions including the Rome Convention define the word ‘broadcasting’ and not the word ‘broadcast’ in terms of transmission of the work through wireless means. Thus in the international context the word ‘broadcast’ is used as a noun denoting the signal, which is to be protected, and the word ‘broadcasting’ is used to denote the act of transmission. Whereas, in the Indian context, it is used as a verb to demonstrate the mode of transmission of the signal. It is the right of the author to ‘have the work broadcasted (noun)’ and it is the right of the broadcasting organizations to ‘broadcast’ (verb) the work. The definition does not clarify whether the ‘diffusion’ to be considered is by analogue signals (TV and radio) alone or also by digital signals (Internet). However, the definition of ‘communication to the public’ conveys that satellite or cable ‘or any other means of simultaneous communication’ where information reaches more than one household is
scope_of_broadcasting_organizations.docx