Chapter-1
Performer’s rights: new dimension of copyright laws
INTRODUCTION
Performer’s rights with respect to cinematographic films have always been an area of dispute, this is because the producer is considered as the owner of such work and he can exploit the work for his economic advantage. A cinematographic film consists of a different rights associated to it and producer is considered as the holder of the bundle of rights only because he takes the initiative, like in a company’s case a promoter. There is no copy right protectable act from the part of producer, like no expression of ideas but he holds together different copy right protectable rights of different performers and others who adapt their work into a cinematographic film. Still a performer can exercise his right with respect to his inalienable rights like his moral rights, which is guaranteed under section 38B of copyright Act but this right is also restricted to certain extent by way of explanation to this part i.e. removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification that are purely technical reason . Still this is inclined to performer because this prevents making of significant changes to his work without the consent of the performer. Once a performer has by written agreement consents to incorporate his performance in a cinematographic film he shall not object to the enjoyment by the producer of performer right in the film, in the absence of any contract to the contrary. Still a performer can claim royalties in case of making the performances for commercial use . “Performer” is defined in the Act this definition also includes actors, can this “actor” be used in respect to actor in a cinematographic film. There are certain international initiatives with respect to this- WIPO Beijing treaty adopted on June 24, 2012 recognising performers’ rights in their audio-visual performances and gives them moral rights and economic rights. A cinematographic film made for valuable consideration at the instance of any person, such person is considered as the owner copyright . In cinematographic films made in the course of the author’s employment under a contract of service or apprenticeship, the employer will be the first owner . In both these cases a contrary agreement should not be there. Ownership rights do not subsist and exist in any person before the film is completed. “Prospective owner” of a cinematographic film while it is under production before completion cannot be regarded as an author or the first owner of the film under the Act . Where the film producer has commissioned for valuable consideration composer of lyric and music for composing lyric and music to be embodied in the sound track of the film, in the absence of contract to the contrary, the film producer has the copyright in the lyric and music . Actor in a cinematographic film is not protected by copyright law. Performers in general are protected by performers’ right which was granted by the Copyright (Amendment) Act of 1994, as per the definition “performer”- include an acrobat, musician, singer, dancer, actor, juggler, snake charmer, conjurer, a person delivering a lecture, or any …show more content…
OBJECTIVES
To study performers right with respect to cinematographic films in UK, USA and France.
To check whether performers right granted with respect to cinematographic and sound recording are capable of economic significance to performers.
To know limits to which performers rights can be exercised.
To study the importance of neighbouring rights in cinematographic film.
To compare performer right in a cinematographic film with performer right in sound recording.
To study whether giving performer rights take away the rights of producer, if so the extent to which it’s hampered.
RESEARCH QUESTION
What are the restrictions as to performers’ rights in cinematographic films?
Whether all rights of a performer can be taken away by a contract of the …show more content…
Technological measures to circumvent access and copying are disapproved. The entire process of scrutinizing and streamlining are done by the state librarian of the congress and the office initiates the process of determining reasonable terms and rates of royalty payment by the parties, in case they are not able to reach a conclusion they conveys a copyright arbitration panel. The rates are decided by the panel after considering fair market
Performer’s rights: new dimension of copyright laws
INTRODUCTION
Performer’s rights with respect to cinematographic films have always been an area of dispute, this is because the producer is considered as the owner of such work and he can exploit the work for his economic advantage. A cinematographic film consists of a different rights associated to it and producer is considered as the holder of the bundle of rights only because he takes the initiative, like in a company’s case a promoter. There is no copy right protectable act from the part of producer, like no expression of ideas but he holds together different copy right protectable rights of different performers and others who adapt their work into a cinematographic film. Still a performer can exercise his right with respect to his inalienable rights like his moral rights, which is guaranteed under section 38B of copyright Act but this right is also restricted to certain extent by way of explanation to this part i.e. removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification that are purely technical reason . Still this is inclined to performer because this prevents making of significant changes to his work without the consent of the performer. Once a performer has by written agreement consents to incorporate his performance in a cinematographic film he shall not object to the enjoyment by the producer of performer right in the film, in the absence of any contract to the contrary. Still a performer can claim royalties in case of making the performances for commercial use . “Performer” is defined in the Act this definition also includes actors, can this “actor” be used in respect to actor in a cinematographic film. There are certain international initiatives with respect to this- WIPO Beijing treaty adopted on June 24, 2012 recognising performers’ rights in their audio-visual performances and gives them moral rights and economic rights. A cinematographic film made for valuable consideration at the instance of any person, such person is considered as the owner copyright . In cinematographic films made in the course of the author’s employment under a contract of service or apprenticeship, the employer will be the first owner . In both these cases a contrary agreement should not be there. Ownership rights do not subsist and exist in any person before the film is completed. “Prospective owner” of a cinematographic film while it is under production before completion cannot be regarded as an author or the first owner of the film under the Act . Where the film producer has commissioned for valuable consideration composer of lyric and music for composing lyric and music to be embodied in the sound track of the film, in the absence of contract to the contrary, the film producer has the copyright in the lyric and music . Actor in a cinematographic film is not protected by copyright law. Performers in general are protected by performers’ right which was granted by the Copyright (Amendment) Act of 1994, as per the definition “performer”- include an acrobat, musician, singer, dancer, actor, juggler, snake charmer, conjurer, a person delivering a lecture, or any …show more content…
OBJECTIVES
To study performers right with respect to cinematographic films in UK, USA and France.
To check whether performers right granted with respect to cinematographic and sound recording are capable of economic significance to performers.
To know limits to which performers rights can be exercised.
To study the importance of neighbouring rights in cinematographic film.
To compare performer right in a cinematographic film with performer right in sound recording.
To study whether giving performer rights take away the rights of producer, if so the extent to which it’s hampered.
RESEARCH QUESTION
What are the restrictions as to performers’ rights in cinematographic films?
Whether all rights of a performer can be taken away by a contract of the …show more content…
Technological measures to circumvent access and copying are disapproved. The entire process of scrutinizing and streamlining are done by the state librarian of the congress and the office initiates the process of determining reasonable terms and rates of royalty payment by the parties, in case they are not able to reach a conclusion they conveys a copyright arbitration panel. The rates are decided by the panel after considering fair market