Record Details

Interpreting “Performers Rights” in The Indian Copyright Act to Appropriately Provide For Singers Rights

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Title Interpreting “Performers Rights” in The Indian Copyright Act to Appropriately Provide For Singers Rights
 
Creator Agrawal, Akshat
 
Subject Performers Rights
Statutory Interpretation
Legislative Intent
WIPO Performances and Phonograms Treaty, 1996
 
Description 5-13
Performers act as a catalyst to communicate the relevant original content in a work. This article seeks to discuss two contentious questions with regard to the interpretation of Performers Rights provided under Section 38 and 39 of the Indian Copyright Act, specifically with respect to Singers’ Rights, and offers contrary opinions to the prevailing interpretations in the industry as well as one’s argued and accepted by the Delhi High Court. After analysing various doctrinal principles surrounding interpretation of statutes in India, this article firstly concludes that Section 39A of the Indian Copyright Act, and the royalty scheme therein, is applicable with a “Retroactive” effect in India; and secondly that every performance rendered in real time, irrespective of it being in front of an audience, on a stage, or in the studio, ought to be covered under the definition of a Performance under Section 2(q) read with Section 38 of the Indian Copyright Act, to effectively provide for Performers Rights, encapsulated within the Indian legislative schema. This article also attempts to harmonize these interpretations with a comparative as well as an international IP perspective.
 
Date 2021-03-15T10:07:55Z
2021-03-15T10:07:55Z
2021-01
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscair.res.in/handle/123456789/56499
 
Language en_US
 
Rights CC Attribution-Noncommercial-No Derivative Works 2.5 India
 
Publisher NISCAIR-CSIR, India
 
Source JIPR Vol.26(1) [January 2021]