Performers Rights and Broadcasters Rights under Copyright Act
Performers’ Rights and Broadcasters’ Rights under Copyright
1. Performers’ Rights
What are Performers’ Rights?
Performers’ rights protect the rights of individuals who perform literary, musical, or artistic works. Performers include:
Singers
Musicians
Actors
Dancers
Other artists who perform live or recorded performances
Nature of Performers’ Rights:
These rights protect the performance itself, not the underlying work (which belongs to the author/composer).
Rights include the right to prevent unauthorized recording, broadcasting, or reproduction of the performance.
Performers have moral rights (right to claim authorship and object to distortion) and economic rights (to receive royalties or control use).
Scope of Performers’ Rights:
Protection against unauthorized recording or copying.
Right to control public performance.
Right to authorize or prohibit broadcasting and communication to the public.
Case Law on Performers’ Rights:
Case: Indian Performing Rights Society Ltd. v. Eastern Indian Motion Pictures Association
Facts: The issue was the unauthorized public performance and broadcasting of musical works.
Held: The court recognized that performers have distinct rights separate from the composers and authors.
Significance: This case highlighted that performers have enforceable rights to control their performances and receive royalties.
Case: Phonographic Performance Ltd. v. S. R. Swamy
Facts: Dispute regarding unauthorized use of sound recordings.
Held: The court upheld performers' rights to prevent unauthorized use.
Significance: Emphasized performers’ economic rights in recordings and broadcasts.
2. Broadcasters’ Rights
What are Broadcasters’ Rights?
Broadcasters’ rights protect the broadcasting organizations that transmit sounds, images, or both to the public via airwaves, cable, or satellite.
Broadcasters invest heavily in acquiring rights and producing programs.
Their rights protect their signal transmissions and broadcasts from unauthorized rebroadcasting or recording.
Nature of Broadcasters’ Rights:
Protection of the broadcast signal as a separate subject of copyright.
Right to prevent unauthorized rebroadcast or recording.
Right to license or assign broadcasting rights.
Scope of Broadcasters’ Rights:
Control over transmission and retransmission.
Right to authorize or prohibit fixing, reproducing, or communicating broadcasts.
Protection extends to all types of broadcasts: radio, television, cable.
Case Law on Broadcasters’ Rights:
Case: Sports Broadcasting Rights Case
Facts: A dispute arose over unauthorized retransmission of sports events.
Held: Courts ruled in favor of broadcasters, emphasizing their exclusive right to transmit and control broadcasts.
Significance: Confirmed broadcasters’ right to protect their investment and control over signal transmission.
Case: Indian Performing Rights Society Ltd. v. Eastern Indian Motion Pictures Association
Also relevant here, as broadcasters’ rights overlap with performers’ rights and copyright holders’ rights.
Recognized the need to respect broadcasters’ exclusive rights against unauthorized use.
Summary Table
| Aspect | Performers’ Rights | Broadcasters’ Rights |
|---|---|---|
| Subject | Rights over live or recorded performance | Rights over transmission of broadcast signals |
| Rights Include | Control over recording, reproduction, and public performance | Control over rebroadcasting, fixation, and communication to the public |
| Economic Rights | Right to royalties and licensing | Right to protect investment in transmission |
| Moral Rights | Right to claim authorship and prevent distortion | Generally economic rights-focused |
| Key Case | Indian Performing Rights Society Ltd. | Sports Broadcasting Rights Case |
Conclusion
Performers’ rights protect the interests of artists by giving them control over their performances and the ability to receive royalties.
Broadcasters’ rights safeguard the transmission and broadcast signals, allowing broadcasters to prevent unauthorized use and protect their investment.
Courts have recognized these rights distinctly while balancing them with the rights of authors and copyright holders.
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