Internet Broadcasting Organization And Statutory License Under Section 31D Of Copyright Act

For past few months, one of the major debates and conflicts under the copyright laws of India, is with respect to the question "Whether online-internet platforms are covered under the scope of Section 31D of the Copyright Act 1957 ?." This issue which appears to have a very simple answer, is however very complicated if Section 31D is carefully analyzed.

The Regulatory Framework

Under Section 31D of the Copyright Act, 1957 (hereinafter referred to as the "Act") any broadcasting association desirous to communicate a work to the public by a broadcast or a performance, can acquire a statutory license to do so by giving a prior notice and paying royalties to the copyright owner at the rate fixed by the Intellectual Property Appellate Board (IPAB) .