Legal Question in Intellectual Property in India

Hello,

I have a question related to broad casting rights. For instance, a channel prepares a feature program about an actor who has passed away.The program is prepared using few clips from his films and has been broadcasted in a channel. If another channel records the same program and broadcasts the same. Is this a an infringement on rights?

Are there any duration limit that can be recorded and used?

How about if a normal individual records the same program and shows this program before a group?


Asked on 10/01/09, 11:54 pm

2 Answers from Attorneys
Vimal Kishor Falcon Services

From the limited information provided in the question, we reply your question as under;

An intelactual property right that is availale on feature program is copyright and the same is subject to juridictional copyright laws e.g. in India the same is subject to Copyright Act. Once a program feature is created by a person, he owns the copyright on the same and further broadcasting of the same is subject to permission from him. However there are are several riders and for several purposes as provided in the Copyright Act, permission is not required. In india copyright subsists for the period of 60 years.

we may be able to answer query in detail on receipt of full facts and circumstances

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Answered on 10/02/09, 7:58 am
Seshadri Srinivasan www.lawconcern.com

Another channel to broadcast the same program is infringement of copyright regardless of duration.

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Answered on 10/02/09, 8:38 am


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