Sections 39 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 39 lists three kinds of act that do not infringe a broadcast reproduction right or a performer's right. Section 39A then applies a long list of copyright provisions to these two rights, with two provisos and a rule that they sit beside, not on top of, the copyright in the work. For disputes over a recording or broadcast, our legal dispute resolution team can help.
No broadcast reproduction right or performer's right is infringed by (a) a recording made for private use or solely for bona fide teaching or research, (b) fair-dealing use of excerpts for reporting current events or bona fide review, teaching or research, or (c) acts that would not infringe copyright under section 52. Section 39A then applies sections 18, 19, 30, 30A, 33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B and 66 with necessary changes.
Section 39: the exceptions
The section was substituted by Act 38 of 1994 (w.e.f. 10-5-1995), as the footnote states. It reads: "No broadcast reproduction right or performer's right shall be deemed to be infringed by—"
| Clause | Act | Conditions in the text |
|---|---|---|
| (a) | Making a sound recording or visual recording | For the private use of the person making it, or solely for purposes of bona fide teaching or research |
| (b) | Use of excerpts of a performance or of a broadcast | Use must be consistent with fair dealing; purpose: reporting of current events, or bona fide review, teaching or research |
| (c) | Such other acts, with any necessary adaptations and modifications | Acts that do not constitute infringement of copyright under section 52 |
Points to note:
- Clause (a) is about making a recording. It does not cover circulating that recording to others.
- Clause (b) is about excerpts, not the whole performance or broadcast, and "fair dealing" is the test in the text.
- Clause (c) imports the exceptions in section 52 by reference. For those, see exceptions to copyright infringement under section 52 and fair dealing under section 52.
Example. Ravi Nair records a classical concert on his phone only to practise the raga at home. This is a recording for private use under clause (a). If he uploads the whole recording publicly, clause (a) does not cover that act. A news channel's short excerpt in a report on the same concert may fall under clause (b) if the use is consistent with fair dealing.
Section 39A(1): provisions that apply
Section 39A was substituted by Act 27 of 2012 (w.e.f. 21-6-2012). Sub-section (1) says that sections 18, 19, 30, 30A, 33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B and 66 "shall, with necessary adaptations and modifications, apply in relation to the broadcast reproduction right in any broadcast and the performer's right in any performance as they apply in relation to copyright in a work".
| Group | Sections applied | Where explained |
|---|---|---|
| Assignment | 18, 19 | Assignment guide |
| Licences | 30, 30A | Licences by owners of copyright |
| Copyright societies | 33, 33A, 34, 35, 36 | Sections 33 to 36 |
| Importation | 53 | Section 53 |
| Civil remedies | 55, 58 | Sections 55 and 58 |
| Criminal provisions | 63, 64, 65, 65A, 65B, 66 | Section 63 and sections 64 to 66 |
Sections 54, 56, 57, 59 to 62 and 63A to 63B are not in the list as printed. The text gives no reason; this article states only what the list contains.
The two provisos
- First proviso. Where copyright or performer's right subsists in a work or performance that has been broadcast, "no licence to reproduce such broadcast, shall be given without the consent of the owner of right or performer, as the case may be, or both of them".
- Second proviso. The broadcast reproduction right or performer's right "shall not subsist in any broadcast or performance if that broadcast or performance is an infringement of the copyright in any work".
Example. A broadcaster airs a play that uses a script without the dramatist's permission. Under the second proviso, no broadcast reproduction right subsists in that broadcast.
Sub-section (2): separate copyright survives
"The broadcast reproduction right or the performer's right shall not affect the separate copyright in any work in respect of which, the broadcast or the performance, as the case may be, is made." In plain terms, a lyricist's copyright and a singer's performer's right can both exist for the same song, and one does not cut down the other.
Drafting notes
- The list in sub-section (1) includes section 65A and 65B, which concern technological protection measures and rights management information. They are explained in section 65A and section 65B.
- The section is silent on whether the "private use" in clause (a) extends to a person who makes a recording for another person's private use.
Need help with a recording or broadcast dispute?
If you are unsure whether a recording or excerpt falls under section 39, or whether a licence needs the performer's consent, our legal dispute resolution team can examine the facts and the documents with you.
Key takeaways
- Section 39 has three exceptions: private or teaching/research recording, fair-dealing excerpts, and section 52 acts.
- Section 39A applies the listed sections to broadcast reproduction right and performer's right.
- No licence to reproduce a broadcast without consent of the owner of right or the performer, or both.
- No such right subsists where the broadcast or performance itself infringes copyright in a work.
- Separate copyright in the underlying work is not affected.
Read next
- Sections 38–38A: performer's right and exclusive rights
- Section 37: broadcast reproduction right
- Exceptions to copyright infringement under section 52
- Performing rights and broadcasting rights under copyright
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.