Page 32 - Copyright 101_latest

CREA TIVEFIRST COPYRIGHT 101

The Copyright Act was amended in 2012, to recognize that the authors of the
musical and literary works whose works are included in a cinematograph lm or
sound recording shall be entitled to receive royalties from the utilization of their
works in any form except when the cinematograph lm is communicated to the
public in a cinema hall. For instance, when a song of a lm (audio/ audio-visual)
is performed in an event, the organizer of the event would be required to pay
royalties to the authors and owners of the song.

The Copyright Act further prohibits the authors of musical and literary works
included in cinematograph lms or sound recordings from waiving or assigning
their right to receive royalty except in favour of their heirs or to a copyright
society for collection and distribution of royalty and speci es that any
agreement which requires a contrary condition or covenant shall be void. The
right to claim royalty for certain classes of works (such as literary and musical
works) has been statutorily mandated under the Copyright Act since the
amendment in the year 2012.

Right to receive royalty has been built in for performers as well, which includes
actors, singers, etc. under the provisions of Section 38A(2), which provides that
“Once a performer has, by written agreement, consented to the
incorporation of his performance in a cinematograph lm he shall not, in the
absence of any contract to the contrary, object to the enjoyment by the
producer of the lm of the performer’s right in the same lm: Provided that,
notwithstanding anything contained in this sub-section, the performer shall be
entitled for royalties in case of making of the performances for commercial
use.”

2 8