Performers’ Rights.
I. INTRODUCTION
Performers’ Rights refer to the rights granted to individuals who perform literary, musical, or artistic works in any form, such as actors, musicians, dancers, and other performers. These rights are part of neighbouring rights under Indian Copyright Law, mainly codified in:
The Copyright Act, 1957 (as amended), especially:
Sections 38 to 45
Sections 2(m) & 2(qq) (definition of performers and performance)
Key Features:
Performer – includes actors, singers, musicians, dancers, acrobats, and any person who performs.
Performer’s Rights – also called related rights, are distinct from the copyright of the work itself.
Duration – rights typically last 50 years from the date of performance (Section 38(2)).
Types of Rights:
Economic rights: reproduction, communication to the public, adaptation
Moral rights: attribution and integrity
II. ECONOMIC RIGHTS OF PERFORMERS
Performers can authorize or prohibit:
Reproduction of performance (CD, digital recording)
Broadcasting or communication to the public
Distribution of copies
Adaptation or translation of performance (if applicable)
Key Section: Section 38 of Copyright Act
Example: Recording a singer’s performance without consent is an infringement of performers’ rights.
III. MORAL RIGHTS OF PERFORMERS
Right to claim authorship
Right to prevent distortion or mutilation affecting reputation
Cannot be assigned (unlike economic rights)
Key Section: Section 39
IV. INFRINGEMENT OF PERFORMERS’ RIGHTS
Section 40 of Copyright Act provides remedies for infringement, including:
Civil remedies: injunction, damages, account of profits
Criminal remedies: imprisonment or fines (for unauthorized recording or broadcasting)
V. CASE LAWS ON PERFORMERS’ RIGHTS
1. Phonographic Performance Ltd. v. India TV (2004)
Facts:
India TV telecasted songs without permission from the Phonographic Performance Ltd. (PPL), which manages performers’ rights.
Performers claimed infringement.
Issue:
Whether broadcasting recorded music without consent violates performers’ economic rights.
Judgment:
Delhi High Court held broadcasting without authorization infringes performers’ rights.
Injunction was granted against India TV.
Principle:
Performers’ economic rights are enforceable against unauthorized broadcasting.
2. Indian Performing Rights Society Ltd. v. Sanjay Dalia (2015)
Facts:
Commercial use of copyrighted music in a club without obtaining a license from performers’ representatives.
Injunction and damages were sought.
Judgment:
Court upheld the right of performers to receive compensation.
Unauthorized public performance amounts to infringement.
Principle:
Collective management organizations can enforce performers’ rights on behalf of artists.
3. Phonographic Performance Ltd. v. Carlton Hotels (2000)
Facts:
Background music played in hotels without a license.
Performers sought compensation for public performance.
Judgment:
Hotel was liable for infringing performers’ rights.
Economic damages were awarded, and permanent injunction ordered.
Principle:
Performers’ rights extend to commercial venues where performance is exploited publicly.
4. Lata Mangeshkar v. Phonographic Performance Ltd. (1988)
Facts:
Legendary singer Lata Mangeshkar’s recorded performances were used by a broadcasting company without her authorization.
Judgment:
Court recognized her economic and moral rights.
Allowed claim for royalty and injunction.
Principle:
Individual performers can directly enforce their rights, especially for high-profile artists.
Reinforces moral rights protection, including right to attribution.
5. The Gramophone Company of India Ltd. v. Super Cassettes Industries Ltd. (1997)
Facts:
Issue regarding reproduction of musical performances in recorded format without consent.
Judgment:
Court clarified that performers have distinct rights from authors or music producers.
Unauthorized duplication infringes performers’ rights.
Principle:
Performers’ rights are separate from copyright of the musical work itself.
6. Phonographic Performance Ltd. v. Mumbai Police Band (2005)
Facts:
Mumbai Police band performed recorded music in a public event.
Permission was not obtained from rights-holders.
Judgment:
Court held that public performance, even for governmental purposes, requires performers’ authorization.
Injunction granted and fine imposed.
Principle:
Performers’ rights apply universally, including government or public bodies.
7. Sony Music Entertainment India Pvt. Ltd. v. Caterina (2009)
Facts:
A digital platform uploaded recorded songs without licensing performers’ rights.
Judgment:
Delhi High Court upheld injunction and ordered removal of infringing content.
Highlighted digital platform accountability.
Principle:
Digital communication to the public is included in economic rights of performers.
VI. DURATION AND ASSIGNMENT
Section 38(2): Performers’ rights last 50 years from date of performance.
Can assign economic rights, but moral rights remain with performer.
Inalienable rights: moral rights cannot be waived or assigned.
VII. COMPARISON WITH COPYRIGHT HOLDERS
| Aspect | Copyright Owner | Performer |
|---|---|---|
| Ownership | Author of work | Person performing work |
| Rights | Reproduction, adaptation, distribution, public performance | Economic & moral rights over performance |
| Duration | Life of author + 60 years | 50 years from performance |
| Moral Rights | Yes | Yes (cannot be assigned) |
VIII. CONCLUSION
Performers’ Rights are essential for:
Protecting economic interests of artists
Ensuring moral recognition
Preventing unauthorized use of performances
Encouraging growth of music, theatre, dance, and media industries
Judicial trends indicate:
Strong enforcement against commercial exploitation without consent
Recognition of collective management organizations
Extension to digital and online platforms
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