Section 36A — Rights and liabilities of performing rights societies.

Rights and liabilities of performing rights societies.—Nothing in this Chapter shall affect any rights or liabilities in any work in connection with a 1[copyright society] which had accrued or were incurred on or before the day prior to the commencement of 2[the Copyright (Amendment) Act, 2012], or any legal proceedings in respect of any such rights or liabilities pending on that day.] CHAPTER VIII 3[RIGHTS OF BROADCASTING ORGANISATION AND OF PERFORMERS] 4[37. Broadcast reproduction right.—(1) Every broadcasting organisation shall have a special right to be known as “broadcast reproduction right” in respect of its broadcasts. (2) The broadcast reproduction right shall subsist until twenty-five years from the beginning of the calendar year next following the year in which the broadcast is made. (3) During the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the licence of the owner of the right does any of the following acts of the broadcast or any substantial part thereof,— (a) re-broadcast the broadcast; or (b) causes the broadcast to be heard or seen by the public on payment of any charges; or (c) makes any sound recording or visual recording of the broadcast; or (d) makes any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; or 5[(e) sells or given on commercial rental or offer for sale or for such rental, may such sound recording or visual recording referred to in clause (c) or clause (d)].] 6[38. Performer’s right.—(1) Where any performer appears or engages in any performance, he shall have a special right to be known as the “performer’s right” in relation to such performance. (2) The performer’s right shall subsist until 7[fifty years] from the beginning of the calendar year next following the year in which the performance is made. 8* * * * *] 9[38A. Exclusive right of performers.—(1) Without prejudice to the rights conferred on authors, the performer’s right which is an exclusive right subject to the provisions of this Act to do or authorise for doing any of the following acts in respect of the performance or any substantial part thereof, namely:— (a) to make a sound recording or a visual recording of the performance, including— (i) reproduction of it in any material form including the storing of it in any medium by electronic or any other means; (ii) issuance of copies of it in any material form including the storing of it in any medium by electronic or any other means;

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