Section 38A of CA, 1957 : Section 38A: Exclusive Right Of Performers

Explanation using Example

Let's consider a hypothetical situation where Alice is a renowned violinist. She performs at a concert which is organized by a local music company. According to Section 38A of The Copyright Act, 1957:

• Alice exclusively holds the right to make a sound or visual recording of her performance. This means that the music company or any other entity cannot record her performance without her consent.
• She also has the exclusive right to broadcast or communicate her performance to the public. So, if the music company wants to broadcast her performance on television or radio, they would need her permission.
• If Alice agrees in a written contract to incorporate her performance in a film, she cannot object to the producer's use of her performance in that film. However, if the film producer makes commercial use of her performance, Alice is entitled to receive royalties.

In summary, this law act aims to protect the rights of performers by allowing them to control how their performances are used and ensuring they are compensated for commercial use.