Infringement of performers right

A Rough Draft submitted in partial fulfilment of the course Intellectual property

Law,7th SEMESTER during the Academic Year 2019-2020.

SUBMITTED BY:
Kundan Kumar
Roll No. - 1627
B.B.A LL.B

SUBMITTED TO:
Prof. Dr. S.C Roy
FACULTY OF INTELLECTUAL PROPERTY LAWS

July, 2019
CHANAKYA NATIONAL LAW UNIVERSITY, NAYAYA NAGAR,
MEETHAPUR, PATNA-800001
INTRODUCTION:

The scope of copyright which was restricted only to the protection of literary and artistic works
in the earlier days, has now been broadened to include not only literary and artistic works, but
also dramatic and musical works, cinematograph film, and sound recordings. In addition,
neighboring rights which consist of the rights of performers, the rights of producers of
phonograms and the rights of broadcasting organizations are also covered by the copyright
law.Copyright is not a perpetual right. It exists for a specific term. After the expiry only the term,
the work falls in the public domain and opens to public to use without permission of the owner.

In India the first Copyright Act was passed in the year 1914. At present, the Copyright Act, 1957
governs copyright law in India. The original Act of 1957 has been amended in the year 1983,
1984, 1992, 1994, 1999 and recently in 2012. Philosophy of the Copyright law is: ‘The law does
not permit one to appropriate to him, what has been produced by the labour, skill and capital of
another’. In India registration is not necessary either for the subsistence or for the enforcement of
copyright an author of the work becomes owner thereof, the moment the work is created.
However, the Register of Copyright is prima facie evidence of the particulars entered therein. It
is advisable to register the copyright in the work.

The subject matter of copyright, as per the copyright Act the thing protected is called a “work”.
Copyright subsists throughout India in (a) original literary, dramatic, musical and artistic works
(b) cinematograph film and (c) sound recording (Section 13). These terms are defined in the Act.
Apart from these works, no other work is entitled to copyright under the Act. Section 14 of the
Act defines a Copyright for the purposes of the Act. A Copyright means the exclusive right to do
or authorize the doing of acts in respect of a work or any substantial part thereof.

Before the amendment of the Copyright Act in 1994, no protection was given to the actors,
musicians, jugglers, dancers etc. The Copyright Act, 1957 was silent on the performers’ rights
after the amendment in 1994 recognized the rights of the performer under section 38 of the Act
‘Performers Rights’ are introduced.By the 2012 amendment to the Copyright Act, the performers
(Singers, Actors, Music composers etc.) have got their “rights” (more rights) which were
demanded for more than two decades. 2012 amendment had a large impact on the Indian Film
Industry. Here I tried to bring out the impact the of the 2012 copyright amendment on the Indian
Film Industry.

HYPOTHESES OF THE STUDY

The legal structure for the protection of performers’ right in India is found feeble and more
substantial laws should be made to protect them.
CHAPTERIZATION

CHAPTER 1: INTRODUCTION
CHAPTER 2: INTERNATIONAL TREATIES AND CONVENTIONS ON COPYRIGHT

CHAPTER 3: NEED FOR PROTECTION OF PERFORMER’S RIGHT

CHAPTER 4: : PERFORMER’S RIGHT UNDER COPYRIGHT ACT

CHAPTER5: COPYRIGHT (AMENDMENT) ACT, 2012 [Provisions related to Performers’ Right]

CHAPTER 6: CONCLUSION & SUGGESTIONS

RESEARCH METHODOLOGY

Primary method of research was adopted in the making of this project.

Various literary works and Books from the library and the internet, were used extensively in
collecting the data essential for this study.

The method of writing used in this project is primarily analytical.

THE OBJECTIVE OF THE STUDY HAS BEEN:

1. To study about laws giving protection to performer’s right in India.

2. To shed light on the lacunae in the laws protecting the performer’s right.

BIBLIOGRPHY

 Indian Copyright Act, 1957

 Indian Copyright (Amendment) Act, 2012
 Dr. V K Ahuja, Law Relating to Intellectual Property Rights, Lexis Nexis
 Kate Darling, Contracting About the Future: Copyright and New Media, Northwestern
Journal of Technology and Intellectual Property, Vol. 10 issue 7, 2012