Topic:

An empirical study between Copyright law and performers rights: A

comparative study in the copyright office and other authorities in
Bangalore.

Subject:
Intellectual Property Rights - II

Submitted to
Mrs. Moon Moon Malik
(Assistant professor CAIL)

Submitted By
Sakthivarshani J S
BA LL.B (A)
10th semester
45419231069
An empirical study between Copyright law and performers rights: A comparative study in the
copyright office and other authorities in Bangalore.

Abstract:

This study deals into the intricate relationship between copyright law and performers' rights,
focusing on the jurisdiction of Bangalore, India. It aims to provide a comprehensive comparative
analysis of the protection mechanisms for performers' rights within the copyright framework,
emphasizing the right to be identified as the performer and the right to object to derogatory treatment
of performances. The study further explores the impact of digital technologies on the landscape of
copyright and performers' rights, highlighting the necessity for adapting legal frameworks to
accommodate new forms of expression and distribution.

Introduction:

The interaction between performer rights and the copyright owners has been a critical area
to study in intellectual property law. This is because the Empirical study seeks to expose the
connection between copyright and the performers rights through the comparative analysis.
Empirical study will take place within the jurisdiction of Bangalore, India. This is because
Bangalore is creative, unique in industries, and has technology innovations. Therefore, it is a unique
context that necessitates a unique law such as the copyright and the performer right’s law. In this
paper, I shall discuss and compare the copyright offices and other competent authorities situated in
Bangalore. In addition to that, I shall also discuss the duties, powers and the jurisdictions of these
authorities when it comes to protection of the performers’ rights. Finally, I shall also discuss the
challenges these authorities face while in their work.

Literature Review:
The Literature review on performer rights on copyright law focus on
 Indian Copyright Act 1957
 Performers' Rights by Sir Richard Arnold
 Handbook of Copyright Law - Published by India.
Limitations of study:
The study includes several notable case laws that have shaped the interpretation and
application of performer's rights in India. While the study provides a thorough examination of the
past and present state of performer's rights in India, it does not venture into predicting future
developments or potential areas of reform.

Statement of problems:
 Inadequate Protection for Digital Performances
 Complexity and Ambiguity in Legal Definitions
 Challenges in Enforcing Rights
 Disparities in Recognition Across Different Forms of Performance

Research Objectives:

 Evaluate the applicability of existing copyright laws to digital performances.

 Analyze the enforcement challenges faced by performers in the digital domain
 Explore the impact of technological advancements on performers' rights
 Compare Indian copyright laws with international standards and jurisprudence.
 Identify gaps and propose recommendations for legislative reform

Research questions:
1) How do existing copyright laws in India apply to digital performances, and what are the
limitations or ambiguities in their application

2) What are the primary challenges performers face in enforcing their copyright rights in the digital
environment, and how do jurisdictional issues complicate these efforts?

3) What are the identified gaps in the current legal framework for protecting performers' rights in
the digital age, and what specific legislative reforms or amendments would address these gaps
effectively?
Research Methodology

I am working on a topic of An empirical study between Copyright law and performers rights:
A comparative study in the copyright office and other authorities in Bangalore under Intellectual
Property Rights. In this Research paper there will be comparative analysis on the topic by stating the
differences between Copyright and Performers Right. I am doing empirical research by taking
Surveys (Questions Attached Below) with minimum 20 peoples in Copyright office and Law Firms.
Empirical Surveys:

Question to Copyright Office:

1. What is the process for performers to register their rights with the Copyright Office?
2. How many performer rights registrations have been filed with the Copyright Office in the past 5
years? Can you provide a breakdown by year?
3. What are the most common types of performer works registered (e.g. music, film, dance, etc.)?
4. How does the Copyright Office determine if a performer's contribution is sufficiently original and
creative to warrant separate copyright protection from the underlying work?
5. What challenges does the Copyright Office face in enforcing performers' rights, especially in the
digital age?
6. How does the Copyright Office coordinate with other government agencies like the Ministry of
Information and Broadcasting to protect performers' rights?
7. What percentage of performer rights registrations are filed by individual performers vs. production
companies or other entities?
8. Does the Copyright Office provide any educational resources or guidance to performers on their
rights and how to register them?
9. How does the Copyright Office handle disputes between performers and producers over ownership
and exploitation of performer rights?
10. What legislative changes, if any, does the Copyright Office recommend to better protect
performers' rights in India?
Questions to Law Firms:

1. How often do you encounter issues related to performers' rights in your work?
2. What are the most common types of performer rights violations you see in Bangalore?
3. How effective are the civil and criminal remedies available under the Copyright Act for enforcing
performers' rights?
4. Do you think the moral rights granted to performers under the Act, such as the right to be credited
and object to distortions, are adequate?
5. How do you determine the appropriate level of damages or penalties for performer rights
infringement?
6. What challenges do you face in gathering evidence and proving performer rights violations,
especially in the digital realm?
7. How often do you see performers assigning or waiving their rights to producers in contracts? Do
you think this is fair?
8. Have you seen any notable court cases in Bangalore related to performers' rights that set important
precedents?
9. Do you think the Indian Copyright Act provides sufficient clarity on issues like the scope of
performers' rights and their relationship to copyright?
10. What recommendations would you make to the government to strengthen the legal framework
for protecting performers' rights in India?

Conclusion:

In conclusion, this study on performer's copyright law in India, particularly in the context of
the digital age, has explored the complexities and challenges inherent in protecting performers' rights
under the current legal framework. Through a detailed examination of existing laws, enforcement
challenges, technological impacts, international comparisons, and potential legislative reforms, the
research has underscored the critical need for a dynamic and adaptable legal system that can keep
pace with the rapid evolution of technology and creative expression. This study emphasizes the
importance of legislative adaptation to ensure that performers' rights remain robust and responsive to
the changing landscape of the digital world.
Bibliography

 Indian Copyright Act 1957

 Performers' Rights by Sir Richard Arnold
 Handbook of Copyright Law - Published by India.