Central idea

This article discusses a recent case involving Bollywood actor and producer, in which the Bombay High Court ruled that sales tax cannot be levied on the transfer of copyright.
The ruling has implications for the entertainment industry, particularly in terms of taxation and copyright protection as well as performer’s rights.

What are Performer’s Rights?

It refer to the legal rights granted to performing artists or performers in relation to their performances.
These rights generally include the right to control and protect their performances from unauthorized use, reproduction, distribution, and public performance.
Performer’s rights may include the right to control the following:

Recording: Performers have the right to prevent others from recording their live performances without their consent.
Broadcasting and Communication to the Public: Performers have the right to control the broadcasting, communication, and distribution of their performances to the public, including radio, television, and online streaming platforms.
Reproduction: Performers have the right to control the reproduction of their performances in any media format.
Adaptation: Performers have the right to control the adaptation of their performances into other forms, such as musicals or films.
Attribution: Performers have the right to be identified as the performers of their works, and to prevent others from falsely claiming authorship of their performances.

Legal protection of performers’ rights has evolved over time through international treaties and national laws.

The Rome Convention in 1961 was the first significant development in the protection of performers’ rights.
Performers’ rights are protected under various international treaties such as the Rome Convention and the WIPO Performances and Phonograms Treaty.
In 1996, WIPO Performance and Phonogram Treaty (WPPT) recognized the moral rights of performers for the first time in any international treaty.
In India, performer rights were recognized under the Copyright Act of 1957 in 1994.
The Copyright Act is in conformity with the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), both concluded in 1996.
The protection of performers’ rights in India lasts for 50 years from the end of the year in which the performance was fixed or took place.