Indian Copyright Act Now Covers Online Streaming

Department of Industrial Policy and Promotion ("DIPP") recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957 (the "Act") to internet broadcasting organizations (as opposed to only the radio and television broadcasting organizations).

Background:

Vide the Copyright Amendment Act, 2012, (the "Amendment Act"), the Ministry of Law and Justice inter alia inserted Section 31D in the Act making it mandatory for the broadcasting organizations desirous of communicating to the public by way of broadcast or by way of performance of a literary or musical work and sound recording, which has already been published, to do so subject to undertaking certain compliances. One of such compliances require the broadcasters to give prior notice, in a prescribed manner, of its intention to broadcast the work stating the duration and