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

Abstract

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;

1. Introduction

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

7. Conclusion

Keywords: Broadcasters' Rights, Neighbouring Rights, Copyright, Intellectual Property, India, United States, United Kingdom

JEL Classification: K11, K20, K29, K39,

Suggested Citation

Jain, Tarun, Broadcaster's Right Under Copyright Law (August 4, 2008). Icfai University Journal of Intellectual Property Rights, Vol. VII, No. 3, pp. 9-24, 2008. Available at SSRN: https://ssrn.com/abstract=1098307

Tarun Jain (Contact Author)

Supreme Court of India ( email )

New Delhi
India

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