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CREA TIVEFIRST COPYRIGHT 101

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.

Section 38B Moral rights of the performer —
The performer of a performance shall, independently of his right
after assignment, either wholly or partially of his right, have the
right, —

(a) to claim to be identi ed as the performer of his performance
except where omission is dictated by the manner of the use of
the performance; and

(b) to restrain or claim damage in respect of any distortion,
mutilation or other modi cation of his performance that would
be prejudicial to his reputation.

Explanation._— For the purposes of this clause, it is hereby clari ed
that 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 cation required for purely technical reasons shall not be
deemed to be prejudicial to the performer’s reputation.

Section 52 Certain acts not to be infringement of copyright.—
(1) The following acts shall not constitute an infringement of
copyright, namely,—
(a) a fair dealing with any work, not being a computer
programme, for the purposes of—

(i) private or personal use, including research;

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