Critical Analysis Of Protection Of Performers Right In India

Sherin Mathew, LLM, Christ (Deemed to be University), Bangalore

Dr. Shampa I Dev, Professor, School of Law, Christ (Deemed to be University), Bangalore

ABSTRACT

Performers, including actors, musicians, and dancers, contribute significantly to the entertainment and cultural landscape. However, for a long time, their rights were inadequately addressed in Indian copyright law. The historical context reveals that ancient India recognized the performing arts' cultural and religious significance, but performers often occupied low social and economic statuses. The British colonial era introduced influences from Western legal traditions, leading to a mix of approaches to performers' rights.

The International Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations (the Rome Convention) played a crucial role in setting the stage for enhanced protection. Subsequent amendments to the Indian Copyright Act in 1994 and 2012 significantly expanded the legal framework for performers' rights.

The 1994 amendment introduced the notion of exclusive rights for performers, addressing issues related to recording and broadcasting. However, it was criticized for being restrictive, emphasizing negative rights rather than economic benefits. The landmark 2012 amendment aligned Indian law with international treaties, offering stronger protection and introducing moral rights for performers. Despite these positive developments, challenges persist. The definition of 'performance' and 'performer' in Indian law remains open to interpretation, leading to uncertainty regarding who qualifies for protection.

This paper emphasizes the need for further expansion and clarification of performers' rights within the Indian legal framework. It recognizes the progress made while emphasizing the importance of addressing issues related to performers' rights, offering insights into the creative landscape in India.

Keywords: Performers rights, performer, performance, intellectual property, artists.