Page 75 - Copyright 101_latest

CREA TIVEFIRST COPYRIGHT 101

Section 31D Statutory licence for broadcasting of literary and musical works
and sound recording-

(1) Any broadcasting organisation desirous of communicating to the
public by way of a broadcast or by way of performance of a
literary or musical work and sound recording which has already
been published may do so subject to the provisions of this
section.

(2) The broadcasting organisation shall give prior notice, in such
manner as may be prescribed, of its intention to broadcast the
work stating the duration and territorial coverage of the
broadcast and shall pay to the owner of rights in each work
royalties in the manner and at the rate xed by the Appellate
Board.

(3) The rates of royalties for radio broadcasting shall be different
from television broadcasting and the Appellate Board shall x
separate rates for radio broadcasting and television
broadcasting.

(4) In xing the manner and the rate of royalty under sub-section (2),
the Appellate Board may require the broadcasting organisation
to pay an advance to the owners of rights.

(5) The names of the authors and the principal performers of the
work shall, except in case of the broadcasting organisation
communicating such work by way of performance, be
announced with the broadcast.

(6) No fresh alteration to any literary or musical work, which is not
technically necessary for the purpose of broadcasting, other than
shortening the work for convenience of broadcast, shall be made
without the consent of the owners of rights.

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