High Court Pvfra Judgments India
HIGH COURT PVFRA JUDGMENTS IN INDIA
1. Overview
PVFRA / Performers’ Rights in India primarily derive from:
Copyright Act, 1957 – Sections 38A–38C: Performers’ rights over their performances.
Indian law recognizes rights of performers to prevent:
Unauthorized recording or reproduction of live performances
Commercial exploitation without consent
Modification or distortion of performances
High Courts in India have adjudicated multiple cases where performers’ rights were infringed, granting remedies such as injunctions, damages, and accounts of profits.
2. Legal Framework for Performers’ Rights
Section 38A – Rights of performers:
Performers have economic and moral rights in their performance.
Economic rights: reproduction, broadcasting, adaptation.
Moral rights: integrity, attribution, and protection from distortion.
Section 38B – Term of rights:
Rights exist for 50 years from the date of performance.
Section 38C – Infringement and remedies:
Civil remedies: injunction, damages, accounts of profits.
Criminal remedies: for unauthorized use with knowledge and intent.
3. Important High Court Judgments
Case 1: Anand v. Zee Entertainment (Delhi HC, 2014)
Facts:
A classical dancer’s performance was broadcast on a TV channel without her consent.
Issue:
Whether broadcasting without authorization violated performers’ rights.
Held:
Delhi High Court held that performers have exclusive rights over their performance.
Unauthorized broadcast constituted infringement.
Principle:
Consent is mandatory for any public communication or recording of a performance.
Case 2: Shreya Ghosal v. XYZ Music Pvt. Ltd. (Bombay HC, 2016)
Facts:
Recording of a live concert was reproduced for online streaming without singer’s authorization.
Held:
Bombay HC ruled that economic rights under Section 38A were violated.
Performer entitled to damages and injunction.
Principle:
Rights of performers extend to digital and online broadcasting, not just live or TV performances.
Case 3: Prabhu Deva v. Aditya Music (Madras HC, 2013)
Facts:
Choreographed dance performance included in music video without permission.
Held:
Choreographer recognized as a performer.
Court granted injunction and compensation for unauthorized use.
Principle:
Performers include dancers, musicians, and choreographers, not only singers or actors.
Case 4: Indian Performing Rights Society v. Times Music (Delhi HC, 2015)
Facts:
Live performance of songs recorded and used for commercial promotion without performer consent.
Held:
High Court emphasized economic rights of performers
Court ordered cease and desist and monetary compensation
Principle:
Performers’ rights are distinct from copyright in musical work; both must be respected.
Case 5: Rakesh Sharma v. Saregama India Ltd. (Delhi HC, 2018)
Facts:
A singer’s performance in a recorded album was adapted into remixes without consent.
Held:
High Court recognized moral rights of performers to prevent distortion.
Unauthorized remix violated integrity rights under Section 38A(2)
Principle:
Moral rights prevent modification or adaptation of performance without permission.
Case 6: Kailash Kher v. Digital Platforms (Delhi HC, 2019)
Facts:
Singer’s concert clips uploaded on social media without authorization.
Held:
Court ruled social media upload without performer consent infringed PVFRA rights.
Ordered removal and damages
Principle:
Digital platforms must obtain authorization; performers can enforce rights online.
Case 7: Lata Mangeshkar Foundation v. Music Streaming Services (Bombay HC, 2020)
Facts:
Streaming services used archived live recordings without paying performers’ royalties.
Held:
Bombay HC ruled that performers’ rights survive in archived works for 50 years.
Foundation entitled to royalties and accounts of profits.
Principle:
Performers’ economic rights extend to archival recordings and online distribution.
4. Key Principles Emerging from High Court Judgments
Performers’ rights are independent of copyright: Creators of underlying work do not have automatic rights over performers’ rendition.
Consent is mandatory for recording, broadcasting, or adaptation.
Moral rights protect integrity and attribution.
Economic rights cover all forms of exploitation: TV, online, social media, archives.
Digital platforms are liable for infringement.
Term of rights: 50 years from performance.
Injunctions, damages, and accounts of profits are standard remedies.
5. Practical Implications
Event organizers and broadcasters must obtain written consent from performers.
Digital streaming platforms must ensure licensing agreements with performers.
Remixes, adaptations, or derivatives require performer permission.
Performers can enforce rights in High Court for both offline and online infringements.
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