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CREA TIVEFIRST COPYRIGHT 101

Performers’ rights also called neighboring rights or rights neighboring to
copyright. These are also collection of exclusive rights conferred on the
performers with respect to their performance or part thereof such as :

(i) Make a sound or visual recording of the performance,

(ii) Reproducing or storing of performance in any medium,

(iii) Issue copies of the performance,

(iv) Communicate it to the public,

(v) Sale or renting of any copy of the performance, broadcast or communicate
the performance to the public.

In addition to the above mentioned economic rights, performers also enjoy
moral rights of paternity and integrity under Section 38(B).

(i) Under right to paternity, a performer can claim be identi ed as the
performer of his performance.

(ii) Under right to integrity, a performer can restrain or claim damage when
there is any distortion, mutilation or other modi cation of his performance
that would be prejudicial to his reputation.

However, mere removal of any portion of a performance for the purpose of
editing, or to t the recording within a limited duration, or any other modi ca-
tion required for purely technical reasons is not prejudicial to the performer's
reputation

After the Copyright (Amendment) Act, 2012, the performers are also entitled to
receive royalty if their performances are made for commercial use.

Performers rights are also transferable in the same manner as the rights of the
authors and the provisions applicable to transfer of rights of the authors apply
to the transfer of performers rights as well under the Copyright Act.

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