INTRODUCTION
If a singer, at a concert, was to sing in a melodious way, in an
impromptu manner, i.e., there were no prior existing lyrics or
melody, would such a singer be considered an author of the lyrics
and the music, apart from being a performer?
Interestingly, a lot of thought has been put into such a
situation or any other situation of a similar kind, where a
performer, say a singer, choreographer, or stand-up comedian, is
creating a work on the spot through his/her performance, but none
of the positions render them authorship in their impromptu creation
if it is not prior fixed in a tangible medium.
While such impromptu performances may be able to pass the
qualifier of originality easily, the issue arises in not being able
to meet the criterion of 'fixation'. This article shall
first attempt to analyze if performance under the Indian Copyright
Act requires any pre-existing work, and if it does not, would the
singer be able to claim authorship over his
