The Indian Copyright Right primarily seeks to protect creative works such as literary, artistic, dramatic and musical works. It offers what is known as ‘copyright protection’ to such works. Copyright protections debars other individuals from using such literary, artistic, musical or dramatic works without the permission of the author or the creator. Over time, the need to protect ancillary rights was felt, and thus Neighboring Rights were born. To copyright registration in India, please visit https://www.intepat.com/ip-services/copyright-registration-india/

1. Angela Dsouza
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2. The Indian Copyright Right primarily seeks to protect
creative works such as literary, artistic, dramatic and
musical works. It offers what is known as ‘copyright
protection’ to such works.
Copyright protections debars other individuals from
using such literary, artistic, musical or dramatic works
without the permission of the author or the creator.
Over time, the need to protect ancillary rights was felt,
and thus Neighboring Rights were born.
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3. What is meant by Neighboring Rights?
There are several rights which
are ancillary to copyright.
These include broadcasting
rights and performers rights.
Since they not directly under
the ambit of copyright, but yet
related to it, they are known
as Neighboring Rights.
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4. What are Performers' Rights?
Performers have exclusive right over their
performances. Therefore, they have the right to
grant or refuse consent for their performances to
be recorded (audio or video) or communicated to
the public (via radio or TV broadcast or over the
internet).
Such rights are called Performers’ Rights.
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5. How can one exercise their Performers’
Rights?
Just like copyright, acquiring of neighboring rights does not require any
registration. The moment the performance is done, it acquires protection.
The acquiring of a performer’s right enables a performer to bar anyone
from:
• Making a sound recording or visual recording of the performance.
• Reproducing a sound recording or a visual recording, wherein such
recording was made without the performer’s consent or was made for
purposes different to what the performer had consented.
• Broadcasting the performance.
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6. How can one exercise their Performers’
Rights?
• Communicating the performance to the
public.
• Issuing copies of the performance to the
public where such copies are not ones
already in circulation.
• Selling or giving it on commercial rental
or offer for sale or for commercial rental
any copy of the recording.
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7. How can one exercise their Performers’
Rights?
In addition to this, the Copyright Act also vests certain moral rights in
performers. These have been enumerated in S 38B of the Copyright
Act. S 38B provides that even in the event of assignment of rights, a
performer has the right to:
• Claim to be identified as the performer of his/her performance except
where omission is dictated by the manner of use of performance.
• Restrain or claim damages in respect of any distortion, mutilation or
other modification of his/her performance that would be prejudicial
too his/her reputation.
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8. Are there any limitations to this right?
Yes, there are. These have been enumerated in S 39 of the
Copyright Act. If:
• The sound/video recording of the performance is made solely for
private use or for bona fide teaching and research;
• The use is consistent with fair dealing.
• Any other act which does not constitute an infringement under S
52,
it would not amount to infringement.
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9. What are the remedies upon infringement?
In the event of infringement, both civil and criminal remedies are
available. In case of civil remedies, one would be able to claim for an
injunction, damages or accounts of profit. On the other hand, in case
of criminal remedies, the infringer shall be punished for a term not less
than six months and which may extend to six years. Also, he/she would
have to pay a fine not less than fifty thousand rupees which may
extend to two lakh rupees. A subsequent offense would invite a higher
punishment.
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10. Intepat IP Services Private Limited
No:8, 1st Floor, 15th Cross,
100 Feet Ring Road, JP Nagar 6th Phase
Bangalore – 560078, India
Email: contact@intepat.com Web: www.intepat.com Tel: 080-42173649