Page:Indian Copyright Act (4th Amendment) 1994.djvu/11

262 15. For section 39 of the principal Act, the following sections shall be substituted, namely:—


 * “39. No broadcast reproduction right or performer’s right shall be deemed to be infringed by—
 * (a) the making of any sound recording or visual recording for the private use of the person making such recording, or solely for purposes of bona fide teaching or research; or
 * (b) the use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the reporting of current events or for bona fide review, teaching or research; or
 * (c) such other acts, with any necessary adaptations and modifications, which do not constitute infringement of copyright under section 52.
 * 39A. Sections 18, 19, 30, 53, 55, 58, 64, 65 and 66 shall, with any necessary adaptations and modifications, apply in relation to the broadcast reproduction right in any broadcast and the performer’s right in any performance as they apply in relation to copyright in a work:
 * Provided that where copyright or performer’s right subsists in respect of any work or performance that has been broadcast, no licence to reproduce such broadcast shall take effect without the consent of the owner of rights or performer, as the case may be, or both of them.”.

16. In section 51 of the principal Act,—
 * (1) in clause (a), for sub-clause (ii), the following sub-clause shall be substituted, namely:—
 * “(ii) permits for profit any place to be used for the communication of the work to the public where such communication constitutes an infringement of the copyright in the work, unless he was not aware and had no reasonable ground for believing that such communication to the public would be an infringement of copyright; or”;
 * (2) for the proviso, the following proviso shall be substituted, namely:—
 * “Provided that nothing in subclause (iv) shall apply to the import of one copy of any work for the private and domestic use of the importer.”.