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Performers' Rights: The Need for a Sui Generis Regime
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The phrase "performers' rights" comprises of three distinct types of legal rights: Economic rights, moral rights and non-tangible rights. Economic rights include property rights of reproduction, adaptation, distribution, rental, lending, remuneration and communication. Moral rights are the rights of attribution and integrity over the work performed. Non-tangible rights are the most complex to define. They include the right over the persona of the performer, the right against use of likeness or name of the performer, rights over the performer’s creativity in execution of the performance, over his unique and distinct expression and style. This three-pronged outlay of performer’s rights ensures that the complete value of the performance is protected; its commercial worth through economic rights, its moral worth through moral rights and its creative worth through non-tangible rights. The Indian Law today protects performers thought the mechanism extended by the copyright law. This paper seeks to critically examine this regime and elucidates that the performer protection in India today is inadequate.
Title: Performers' Rights: The Need for a Sui Generis Regime
Description:
The phrase "performers' rights" comprises of three distinct types of legal rights: Economic rights, moral rights and non-tangible rights.
Economic rights include property rights of reproduction, adaptation, distribution, rental, lending, remuneration and communication.
Moral rights are the rights of attribution and integrity over the work performed.
Non-tangible rights are the most complex to define.
They include the right over the persona of the performer, the right against use of likeness or name of the performer, rights over the performer’s creativity in execution of the performance, over his unique and distinct expression and style.
This three-pronged outlay of performer’s rights ensures that the complete value of the performance is protected; its commercial worth through economic rights, its moral worth through moral rights and its creative worth through non-tangible rights.
The Indian Law today protects performers thought the mechanism extended by the copyright law.
This paper seeks to critically examine this regime and elucidates that the performer protection in India today is inadequate.
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