The 2012 amendment in Copyright Act has introduced various
provisions, one of them being section 31 D. This section is
concerned with the broadcasting or performance of a literary or
musical and sound recording, which has already been published.
Clause 1 of Section 31D states:
"Any broadcasting organization desirous of communicating to
the public by way of a broadcast or by way of performance of a
literary or musical work and sound recording which has already been
published may do so subject to the provisions of this
section".
Broadcasting or performance of such work can be done by issuing
a prior notice of the intention to broadcast the work and by paying
royalty to the rights holder, as fixed by the Copyright Board.
However, the term "Copyright Board" in the Act has been
substituted with "Appellate Board" as per the Finance
Act, 2017.
