Section 38B of CA, 1957 : Section 38B: Moral Rights Of The Performer

Explanation using Example

Let's consider a hypothetical scenario for better understanding. Imagine a well-known musician, John, who performs a concert. A recording company records his performance and decides to sell it. Even though John has assigned his performance rights to the company, according to Section 38B of The Copyright Act, 1957:

1. John still has the right to be identified as the performer of his concert. So, if the company releases the recording without giving credit to John, he can exercise his right under this Act. However, if the manner of use of the performance doesn't allow for such identification, then this right may not apply.
2. If the company distorts or mutilates his performance in a way that could harm his reputation, John has the right to restrain such action or claim damages. For example, if they alter his performance to make it seem like he made mistakes he didn't, John can take legal action. However, if the company merely edits parts of the performance for technical reasons or to fit a time limit, it wouldn't be considered harmful to his reputation.