Page 53 - Copyright 101_latest

CREA TIVEFIRST COPYRIGHT 101

Performers are not explicitly de ned under the Copyright Act. They are de ned
as persons including actors, singers, musicians, dancers or any other person
who makes a performance which is made live by means of visual or acoustic
presentation. However, in respect of cinematograph lms, such as feature lms,
web series, televisions serials, a person is not considered as a performer if
his/her performance is casual or incidental in nature and in the normal course
of practice of the industry is not acknowledged anywhere including in the
credits of such cinematograph lm.

However, despite such a person not being recognized as a performer for the
purpose of performers’ right, he/she shall continue to have the moral right to
integrity which enables him/her to restrain or claim damages in case of any
distortion, mutilation or other modi cation of his/her performance that would
be prejudicial to his reputation.

For e.g., extras dancing in background or someone shown in a crowd scene.

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