Abstract: Performers have long agonised owing to the sparse protection of law afforded to them. It was primarily after the threat that the advent of rapid technological advancement posed to the livelihood of performers that the law took it upon itself, and interceded in 1994 to protect the performers by way of an amendment to the Copyright Act, 1957. Alas, it failed to achieve the desired objective, primarily on account of the limited scope and extent of such rights. Eventually, it was the Copyright (Amendment) Act, 2012 which breathed new vitality to the rights of a performer. The Parliament, after much deliberation, and being mindful of the misery of performers, passed the 2012 Amendment which inter alia recognises a bundle of rights, being sui generis in nature. The Amendment was much required in order to dissuade people from exploiting a performer’s right to dictate the fixation as well as multitude of their succeeding performances. Furthermore, since performer’s right is a relatively new concept in India, it requires much deliberation, especially in light of limited judicial interpretations in this regard. It is against this backdrop that this paper seeks to examine the development of performer’s right and the surrounding questions emanating therefrom, chiefly in context of India..

Author: Isha Kaushal and Zakhar Naved are 5th year students of law from the Faculty of Law, Jamia Millia Islamia University, New Delhi. The authors may be contacted at zakhar1996@gmail.com.

The full text of the article can be found as a PDF here.

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