Rights of Performers and Broadcasters under Copyright Act, 1957

Copyright law is traditionally associated with authors of literary, dramatic, musical, and artistic works. However, creative expression reaches the public largely through the efforts of performers and broadcasters. Performers bring works to life through skill and interpretation, while broadcasters invest significant resources to transmit performances and other content to large audiences. Recognising this reality, the Copyright Act, 1957 extends protection beyond authors and copyright owners to performers and broadcasting organisations.

Indian copyright law grants performers’ rights and broadcast reproduction rights as independent statutory rights. These rights coexist with copyright and are designed to prevent unauthorised recording, reproduction, communication, and commercial exploitation of performances and broadcasts. This article examines the legal framework governing performers’ rights and broadcasters’ rights under the Copyright Act, 1957, including their historical development, statutory provisions, scope, limitations, and enforcement.

Concept of Performers’ Rights and Broadcasters’ Rights

Concept of Performers’ Rights

Performers’ rights protect the interests of individuals who perform literary, dramatic, musical, or artistic works. These rights recognise that a performance involves creativity, labour, and personal skill, independent of the underlying copyright in the work being performed. A performer may not be the author of the script or song, but the act of performance itself generates a distinct legal interest.

Performers’ rights aim to ensure that performances are not recorded, reproduced, broadcast, or commercially exploited without the consent of the performer. These rights also safeguard the personal connection between the performer and the performance through moral rights.

Concept of Broadcasters’ Rights

Broadcasters’ rights protect the broadcast signal transmitted to the public. Broadcasting organisations incur substantial costs in acquiring content, producing programmes, and maintaining transmission infrastructure. Without legal protection, broadcast signals could be freely intercepted, recorded, or retransmitted, undermining the broadcaster’s investment.

Broadcast reproduction rights do not protect the underlying content, such as the song or film, but protect the broadcast itself. These rights ensure that only authorised parties can rebroadcast, record, or commercially exploit a broadcast.

Performers’ Rights under the Copyright Act, 1957

Under Section 2(qq), a performer includes:

• An actor
• A singer or musician
• A dancer
• An acrobat, juggler, conjurer, or snake charmer
• A lecturer
• Any other person who makes a performance

The definition is inclusive and intentionally broad, covering both traditional and non-traditional performers.

Section 2(q) defines a performance as any live visual or acoustic presentation made by one or more performers. Judicial interpretation has clarified that a performance recorded for the first time in a studio is also treated as a live performance for the purpose of performers’ rights.

Section 38: Performer’s Special Right

Nature of the Right

Section 38 grants every performer a special right in relation to a performance. This right arises automatically upon performance and exists independently of copyright in the underlying work. It protects the act of performance itself.

Duration of Protection

The performer’s right subsists for 50 years, calculated from the beginning of the calendar year following the year in which the performance was made.

Section 38A: Economic Rights of Performers

Scope of Economic Rights

Section 38A(1) grants exclusive economic rights to performers. These include the right to:

• Make or authorise the making of sound or visual recordings of the performance
• Reproduce the performance recording in any material form, including digital formats
• Issue copies of the recording to the public
• Communicate the performance or recording to the public by broadcast or other means
• Sell or commercially rent copies of the performance recording

These rights allow performers to control and monetise the commercial use of their performances.

Performances in Cinematograph Films

Section 38A(2) addresses performances incorporated in cinematograph films. Once a performer gives written consent to include the performance in a film, the producer is entitled to exploit the performance as part of that film.

However, the provision ensures that performers remain entitled to royalties for commercial exploitation, safeguarding their financial interests even after consent is given.

Section 38B: Moral Rights of Performers

Right of Attribution

The performer has the right to be identified as the performer of the performance. This ensures recognition and credit. Attribution may be omitted only where identification is impractical.

Right of Integrity

The performer has the right to prevent distortion, mutilation, or modification of the performance that would harm reputation. Technical edits or shortening of duration for practical reasons are not considered violations.

Moral rights remain with the performer even after assignment of economic rights.

Section 39: Acts Not Constituting Infringement of Performers’ Rights

Certain acts do not amount to infringement, including:

• Recording or reproduction for private use
• Use for teaching or research
• Use in judicial proceedings
• Fair dealing for reporting current events, criticism, or review
• Uses permitted under Section 52 of the Act

These exceptions balance performers’ rights with public interest.

Broadcasters’ Rights under the Copyright Act, 1957

Broadcasting refers to communication of content to the public by wireless diffusion or by wire, including satellite transmission. Broadcast reproduction rights protect the broadcast signal transmitted by broadcasting organisations.

These rights are distinct from copyright and performers’ rights and focus on protecting the investment made in broadcasting.

Section 37: Broadcast Reproduction Right

Nature of the Right

Section 37 grants broadcasting organisations a special right known as the broadcast reproduction right. This right exists independently of copyright in the content being broadcast.

Duration of Protection

The broadcast reproduction right subsists for 25 years, calculated from the beginning of the calendar year following the year in which the broadcast was made.

Acts Constituting Infringement

Without authorisation, the following acts are prohibited:

• Rebroadcasting the broadcast
• Charging fees for viewing or hearing the broadcast
• Making sound or visual recordings of the broadcast
• Reproducing such recordings
• Selling or renting copies of the recordings

Section 39: Acts Not Constituting Infringement of Broadcast Reproduction Rights

Permitted acts include:

• Recording for private domestic use
• Use for teaching or research
• Fair dealing for reporting news or criticism
• Use by educational institutions or non-profit organisations

Section 39A: Application of Other Provisions

Section 39A applies general copyright provisions, such as compulsory licensing and enforcement mechanisms, to performers’ rights and broadcast reproduction rights. This ensures procedural consistency across different categories of rights.

Relationship Between Performers’ Rights and Broadcasters’ Rights

Performers’ rights and broadcasters’ rights often operate simultaneously but protect different interests. A single broadcast may involve:

• Performers’ rights in the performance
• Broadcast reproduction rights in the transmitted signal
• Copyright in the underlying work

Each right requires separate authorisation. Use without consent of any right holder may amount to infringement.

Infringement and Remedies

Civil Remedies

Under Section 55, performers and broadcasters may seek:

• Temporary or permanent injunctions
• Damages or account of profits
• Delivery of infringing copies

Criminal Remedies

Sections 63 to 70 provide criminal penalties, including imprisonment and fines, for unauthorised exploitation of performances or broadcasts.

Administrative Measures

Authorities may seize infringing material, block illegal streams, or take preventive measures, particularly in cases of live-event piracy.

Challenges in the Digital Era

Digital technology has increased unauthorised recording, streaming, and redistribution of performances and broadcasts. Performers often face difficulties in enforcing royalty claims, while broadcasters face large-scale online piracy.

The rise of OTT platforms, social media clips, and instant sharing has blurred traditional boundaries, making enforcement more complex and resource-intensive.

Conclusion

The Copyright Act, 1957 provides a comprehensive legal framework for protecting the rights of performers and broadcasters. Performers’ rights recognise both economic and moral interests in performances, while broadcast reproduction rights protect the significant investments made by broadcasting organisations.

Together, these rights strengthen the copyright ecosystem, promote fairness, and support creative and media industries in India. As technology evolves, effective enforcement and awareness of these rights remain essential to maintaining balance between public access and rightful protection.

Note: This article was originally written by  Shree Gupta (University of Lucknow) on 11 May 2021. It was subsequently updated by the LawBhoomi team on 09 February 2026.