What do you mean by the Broadcast performer's right? What are the exclusive rights of a broadcasting performer ?
CS Executive · Economic and Commercial Laws · PYQS · June 2018
What do you mean by the Broadcast performer's right? What are the exclusive rights of a broadcasting performer ?
Answer & Explanation:
According to Section 38 of the Copyright Act, 1957 , where any performer appears or engages in any performance, he shall have a special right to be known as the 'performer's right' in relation to such performance. The 'performer's right' subsist until fifty years from the beginning of the calendar year next following the year in which the performance is made. As per Section 38A the Copyright Act, 1957 without prejudice to the rights conferred on authors, the 'performer's right' which is an exclusive right subject to the provisions of the Act to do or authorise for doing any of the following acts in respect of the performance or any substantial part thereof, namely:- to make a sound recording or a visual recording of the performance, including- reproduction of it in any material form including the storing of it in any medium by electronic or any other means; issuance of copies of it to the public not being copies already in circulation; communication of it to the public; selling or giving it on commercial rental or offer for sale or for commercial rental any copy of the recording; to broadcast or communicate the performance to the public except where the performance is already broadcast.
Topics: Intellectual Property Law
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