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ARTICLE · 29 NOVEMBER 2019

Is Internet Broadcasting Organization Covered Under Section 31D Of Copyright Act?

S.S. Rana & Co.
S.S. Rana & Co.
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With online platforms continue to dominate content circulation around the world, the ambit of protection granted to such platforms becomes an essential issue.

IndiaMedia, Telecoms, IT, Entertainment
Lucy Rana
Lucy Rana
Meril Mathew Joy
Meril Mathew Joy
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With online platforms continue to dominate content circulation around the world, the ambit of protection granted to such platforms becomes an essential issue. The most controversial issue with respect to provision of Statutory Licensing is whether the term "Any broadcasting organisation" under Section 31D of the Copyright Act 1957 includes "internet broadcasting organization". The controversy of inclusion of "internet broadcasting organization" had taken various courses, with arguments for and against, being continuously put forth for final decision.

The course took a turn with the Department of Industrial Policy & Promotion, Ministry of Commerce and Industry (Government of India) issuing an Office Memorandum dated September 05, 2016 stating that "words 'any broadcasting organization desirous of communicating to the public..' may not be restrictively interpreted to be covering only radio and TV broadcasting as definition of 'broadcast' read with 'communication to

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