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ARTICLE · 04 NOVEMBER 2019

Internet Broadcasting And Section 31D Of Copyright Act 1957

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With online platforms dominating the content circulation around the world, the ambit of protection granted to such platforms becomes an essential issue.

IndiaIntellectual Property
Lucy Rana
Lucy Rana
Meril Mathew Joy
Meril Mathew Joy
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With online platforms dominating the content circulation around the world, the ambit of protection granted to such platforms becomes an essential issue. This debate was only divided by opinions of various lawyers and scholars, however, the issue got controversial when Department of Industrial Policy & Promotion, Ministry of Commerce and Industry (Government of India) issued an Office Memorandum dated September 05, 2016 stating that following:

"In view of the above, the words "any broadcasting organization desirous of communicating to the public.." may not restrictively interpreted to be covering only radio and TV broadcasting as definition of 'broadcast' read with 'communication to the public' appears to be including all kind of broadcast including internet broadcasting. Thus, the provisions of Section 31D are not restricted to radio and television broadcasting organizations only, but cover internet broadcasting organizations also."

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