Section 37 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 37 gives every broadcasting organisation a special right in its own broadcasts, the broadcast reproduction right. It lasts twenty-five years, and anyone who, without the owner's licence, rebroadcasts, shows it for charges, records it, copies a recording or sells or rents recordings of it is deemed to infringe, subject to section 39. Broadcasters and cable operators will want to read it with section 31D; our legal consultation team can help with a specific situation.
Every broadcasting organisation has a special right, the broadcast reproduction right, in its broadcasts. It subsists until twenty-five years from the beginning of the calendar year next following the year in which the broadcast is made. During that time, doing any of five listed acts of the broadcast or any substantial part of it without the owner's licence is deemed infringement, subject to section 39.
Where section 37 sits
Section 37 opens Chapter VIII, headed "Rights of broadcasting organisation and of performers", which the footnotes record was substituted in 1994 for the earlier "Rights of broadcasting authorities". Section 37 was substituted in 1994 as well. The chapter then deals with performers' rights in sections 38 to 39A, covered in later articles. Section 37 is not in the Tribunals Reforms Act, 2021 list and is not touched by the Jan Vishwas Acts.
"Broadcast" is defined in section 2(dd): communication to the public by wireless diffusion or by wire, including a re-broadcast. See our section 2 article, part 2. "Visual recording" is defined in section 2(xxa).
Sub-section (1): the right
"Every broadcasting organisation shall have a special right to be known as 'broadcast reproduction right' in respect of its broadcasts."
It is a right of the organisation, in its broadcasts. It is separate from the copyright of authors and owners in the works that the broadcast carries, such as songs and scripts, and from the performers' right in the performance. The text does not say that the right depends on registration.
Sub-section (2): the term
"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."
| Broadcast made in | Right subsists until |
|---|---|
| Any date in 2026 | Twenty-five years from 1 January 2027, that is, up to the end of 2051 |
As with the terms in Chapter V, only the year of the broadcast matters; the count starts on the next 1 January. For the contrast with the sixty-year terms for films and sound recordings, see sections 26 to 29.
Sub-section (3): the acts that infringe
"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 (e) sells or gives on commercial rental or offer for sale or for such rental, any such sound recording or visual recording referred to in clause (c) or clause (d),
shall, subject to the provision of section 39, be deemed to have infringed the broadcast reproduction right."
Clause (e) was substituted in 2012 (footnote).
| Clause | Act | Plain meaning |
|---|---|---|
| (a) | Re-broadcast the broadcast | Another organisation transmits it again |
| (b) | Causes the broadcast to be heard or seen by the public on payment of any charges | Charging an audience to watch or listen |
| (c) | Makes any sound recording or visual recording of the broadcast | Recording the broadcast |
| (d) | Makes any reproduction of such a recording where the first recording was unlicensed or used for a purpose not envisaged by its licence | Copying an improper recording |
| (e) | Sells or gives on commercial rental, or offers for sale or rental, any recording under (c) or (d) | Selling or renting those recordings |
Three words do much of the work: "without the licence of the owner of the right", "or any substantial part thereof" and "during the continuance" of the right. The infringement is deemed only while the right subsists, only without a licence, and covers a substantial part, not just the whole.
Drafting slips. In (a), "re-broadcast the broadcast" is printed without "s" after "who"; read as "re-broadcasts". The concluding words of sub-section (3) sit outside the bracket in the printed text, which does not change their meaning.
"Subject to the provision of section 39"
The words "subject to the provision of section 39" mean that the acts that are listed in section 39 as not infringing the broadcast reproduction right are outside the deeming rule. This series covers section 39 in a later article; here we state only that section 37(3) is subject to it. See section 39.
Example. A television channel broadcasts a cricket match on 12 March 2026. A sports bar charges entry and shows the channel's feed on a big screen without the channel's licence. Under 37(3)(b), causing the broadcast to be seen by the public on payment of charges, the bar is deemed to infringe, unless section 39 applies. A second business records the broadcast and sells DVDs: clauses (c) and (e) apply. The channel's right runs until the end of 2051.
How it differs from section 31D
| Point | Section 31D | Section 37 |
|---|---|---|
| Whose position | A broadcaster using others' works | A broadcaster protecting its own broadcast |
| Source of right | A statutory licence to use published literary, musical works and sound recordings | A special right in the broadcast itself |
| Payment | Royalty at the Commercial Court's rate to owners | No payment rule; others need the broadcaster's licence |
See section 31D and our guide on performing and broadcasting rights.
What section 37 does not say
- No remedy or penalty is stated in the section; the infringement and remedies chapters apply.
- No definition of "substantial part" or of "payment of any charges".
- No first owner is stated beyond "every broadcasting organisation".
- No extra-territorial rule; whether foreign broadcasters are covered depends on Chapter IX, covered later.
Need help protecting a broadcast?
A broadcaster, a venue and a distributor can all be on different sides of section 37. Our legal consultation team can review the facts, the licence position and the exceptions, and advise on the next step.
Key takeaways
- Every broadcasting organisation has a broadcast reproduction right in its broadcasts.
- The right subsists until twenty-five years from the beginning of the calendar year after the year of the broadcast.
- Without the owner's licence, five acts of the broadcast or a substantial part of it are deemed infringement: rebroadcast, paid viewing, recording, copying an improper recording, and selling or renting such recordings.
- The deeming is subject to section 39.
- Section 37 is not touched by the Tribunals Reforms Act, 2021 or the Jan Vishwas Acts.
Read next
- Section 31D: statutory licence for broadcasting
- Sections 35-36A: control, returns and performing rights societies
- Section 38: performer's right and exclusive rights
Disclaimer: Based on the Copyright Act, 1957 as amended up to 2012, read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Acts of 2023 and 2026, as consulted on 1 October 2026. Forms, fees and procedure are set by the Copyright Rules, 2013 as amended from time to time. This article is general information, not legal advice; check the official text before acting.