Rights of Performers and Broadcasters Rights under Copyright Act, 1957
1. Rights of Performers
(Sections 38 to 42 of the Copyright Act)
Performers include actors, singers, musicians, dancers, and other artists who perform in public.
Performers have the exclusive right to:
Make a recording or reproduction of their performance.
Communicate their performance to the public (e.g., broadcast or show it).
Make any adaptation or use their performance in any way.
These rights last for 50 years from the date of the performance.
Performers can prevent unauthorized recording, broadcasting, or use of their performances.
They are entitled to receive royalties or payments for the use of their performance.
2. Rights of Broadcasters
(Section 37 of the Copyright Act)
Broadcasters have the exclusive right to:
Broadcast or re-broadcast their programs.
Fix their broadcasts in any material form (e.g., recording).
Communicate their broadcast to the public.
These rights protect the signal and content transmitted by broadcasters.
The term of protection is 25 years from the date of the broadcast.
Unauthorized use, rebroadcast, or fixation of broadcast signals without permission is prohibited.
Summary Table
| Rights Holder | Rights | Duration |
|---|---|---|
| Performers | Reproduce, communicate, adapt performances | 50 years from performance |
| Broadcasters | Broadcast, re-broadcast, fixation, communication | 25 years from broadcast |
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