Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 16 SEPTEMBER 2021

Analyzing The Significance Of Performer's Rights Under Copyright Law

Khurana & Khurana, Advocates and IP Attorneys
Explore more from Khurana & Khurana, Advocates and IP Attorneys

The scope of protection offered by copyright law is not merely restricted to the creative works produced by artists or performers. In fact, it also bestows certain rights upon creators and performers.

IndiaIntellectual Property
Khurana And Khurana
Khurana And Khurana
Author LinkedIn connections

'Performer' under copyright law and the genesis of performer's rights

The scope of protection offered by copyright law is not merely restricted to the creative works produced by artists or performers. In fact, it also bestows certain rights upon creators and performers. Through the protection offered by copyright law, a performer may claim ownership over their original works. This way, a third party cannot use their work without the performer's permission. Such rights may also allow performers to license their original works through which they may receive some amount of monetary compensation. However, unlike today, performer's rights have not existed since the creation of the Copyright Act in India. The Indian judicial system discerned a gap in the copyright system with respect to performer's rights after adjudicating the case of Fortune Films v. Dev Anand in 1979. This case fuelled the genesis of performer's rights in India. Subsequently, sections 38, 39 and 39A

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Copy, Right? ANI Media Pvt. Ltd. v. Open AI OpCo LLC

When an artificial intelligence system is trained on copyrighted news content, and later answers a user’s question using what it learned, has the law been broken? On 24th July 2026, the Delhi High Court answered that question, at least for now. In ANI Media Pvt. Ltd. v. Open AI OpCo LLC, Justice Amit Bansal declined to grant an interim injunction against OpenAI, holding, on a prima facie, interim stage view, that the company’s use of ANI’s news content to train its large language models (“LLMs”) falls within the fair dealing exception under Section 52(1)(a) of the Copyright Act, 1957
IndiaIntellectual Property
S.S. Rana & Co.
S.S. Rana & Co.
Article

AI Training Data, Copyright Risk And Commercial Liability: What Businesses Need To Know

On 8 October 2026, USA Today Co. and its affiliated newspaper companies, which publish 19 titles including USA Today, the Detroit Free Press and The Arizona Republic, sued seven OpenAI entities in the US District Court for the Southern District of New York. The complaint alleges that OpenAI copied their journalism to train its models, stripped identifying information from it, and now uses those models to give ChatGPT users summaries that substitute for the original reporting. The publishers seek more than USD 250 million in damages, an injunction and an order for the destruction of models and training sets containing their content.
IndiaIntellectual Property
Legitpro Law
Legitpro Law
Article

Legal Metrology (Packaged Commodities) Amendment Rules, 2026: Enhancing Transparency And Consumer Protection In E-Commerce

The Legal Metrology (Packaged Commodities) Amendment Rules, 2026 introduce significant compliance obligations for e-commerce platforms, particularly regarding the disclosure of Country of Origin and other product information. This article analyses the key amendments, their implications for manufacturers, importers, and online marketplaces, and the broader objectives of strengthening consumer protection in the digital marketplace.
IndiaConsumer Protection
Khurana & Khurana, Advocates and IP Attorneys
Khurana & Khurana, Advocates and IP Attorneys
Article

Cross-Border Mould And Tooling IP : Protecting Manufacturing Assets In Outsourced Production

A comprehensive legal analysis of intellectual property ownership over moulds, tooling, CAD technical drawings, and product modifications in cross-border outsourced manufacturing. Covers supplier retention risks, unauthorised third-shift runs, ASEAN IP protection strategies for Indian OEMs, and a model supply-contract IP schedule.
IndiaIntellectual Property
Khurana & Khurana, Advocates and IP Attorneys
Khurana & Khurana, Advocates and IP Attorneys