Restricting Foreign Broadcasters and Performers

In one line

The same lever as section 42, pointed at broadcasters and performers instead of authors, because a broadcast is not a work.

In the wording a student can write in an exam: section 42A of the Copyright Act, 1957 provides that if it appears to the Central Government that a foreign country does not give or has not undertaken to give adequate protection to the rights of broadcasting organisations or performers, it may by order published in the Official Gazette direct that such of the provisions of the Act as confer rights on broadcasting organisations or performers shall not apply to those based or incorporated in that country, or who are its subjects or citizens and are not incorporated or domiciled in India.

Why a separate section

Because section 42 speaks of works and authors. It withdraws "such of the provisions of this Act as confer copyright on works first published in India", from persons who are "authors". Neither phrase fits a broadcasting organisation or a performer.

Because Chapter VIII rights are not copyright. Section 39A(2) says so expressly: the broadcast reproduction right and the performer's right do not affect the separate copyright in the work broadcast or performed.

And because the positive power was also separate. Section 40 extends the Act to foreign works; section 40A extends Chapter VIII to foreign broadcasters and performers. The negative powers had to follow the same division.

Section 42A was inserted by the Copyright (Amendment) Act, 2012, eighteen years after Chapter VIII itself, which is a long time for the scheme to have been incomplete.

The provision

The condition. "If it appears to the Central Government that a foreign country does not give or has not undertaken to give adequate protection to rights of broadcasting organisations or performers".

The power. The Central Government may, by order published in the Official Gazette, direct that "such of the provisions of this Act as confer right to broadcasting organisations or performers, as the case may be, shall not apply to broadcasting organisations or performers whereof are based or incorporated in such foreign country or are subjects or citizens of such foreign country and are not incorporated or domiciled in India, and thereupon those provisions shall not apply to such broadcasting organisations or performers".

The proviso. "Provided that it does not exceed the period provided under this Act."

Broken down

"Rights of broadcasting organisations or performers". The broadcast reproduction right under section 37, the performer's right under section 38, the exclusive right under section 38A and the moral rights under section 38B.

"As the case may be". The order may be directed at broadcasters, or at performers, or at both. A country may protect one and not the other.