Broadcaster's Right Under Copyright Law
Icfai University Journal of Intellectual Property Rights, Vol. VII, No. 3, pp. 9-24, 2008
27 Pages Posted: 28 Feb 2008 Last revised: 23 Mar 2009
Date Written: August 4, 2008
The present paper deals with one fairly recent (comparatively) subject matter of copyright protection: right of broadcasters under the copyright regime. Herein an attempt has been made to examine the situation from a comparative law perspective wherein the legal position, as it stands vis-a-vis the broadcaster's right under the copyright law, in the United States, United Kingdom and India, has been discussed.
The aim is to highlight the protection afforded to broadcasters under these different jurisdictions as well as to cover the on-going attempts, under the aegis of the World Intellectual Property Rights Organization (WIPO) to consolidate and harmonize the available rights and protection.
The chapterization is as under;
2. Broadcaster's Rights: An Introduction 2.1 Historical Setting 2.2. Nature of Broadcast Rights 2.3 What is a Broadcast? 2.4 Anti-competitive?
3. Broadcaster's Right in India 3.1 Statutory Right 3.2 Judicial Dictum
4. Broadcaster's Right in the US 4.1 Historical Setting 4.2 Need for fixation 4.3 Rights of Broadcasters 4.4 Exception for Private Use 4.5 Exception of Compulsory Licensing 4.6 Exception of Instructional Broadcasting
5. Broadcaster's Right in the UK 5.1 Statutory Ambit 5.2 EC Directives
6. International Protection of Broadcaster's Right 6.1 Initial Attempts 6.2 Attempts of WIPO 6.3 TRIPS and Broadcaster's Rights 6.4 Regional Instruments
Keywords: Broadcasters' Rights, Neighbouring Rights, Copyright, Intellectual Property, India, United States, United Kingdom
JEL Classification: K11, K20, K29, K39,
Suggested Citation: Suggested Citation