A creator must know these concepts to protect their rights. So I’m going to breakdown the concept of what is copyright moral right what is performers right under the Indian Copyright Act 1957 with examples for your better understanding.
Copyright
Let’s begin with the concept of copyright and the concerning main sections are section 13 and 14 under the Indian Copyright Act.
What is the concept of copyright? In simple words it means legal ownership over your original creative work which in most cases will last for the lifetime of the creator plus further specified years depending on the category of work. Various works are put under different categories such as literary category, dramatic, musical, artistic, cinematograph film, sound recording.
For example, architectural drawing come under artistic category. Software program are special category and come under literary category.
Rights Conferred By Copyright
Copyright gives the creator of an original work exclusive rights in relation to the work and prohibit others from infringing such rights. Copyright holder has sole legal authority to reproduce the work, to publish or distribute it, to sell or license to monetise and adapt or remix the work, and to perform it in public.
In relation to copyright, please note that the moment you create your original work, you already hold a copyright over it, there is no mandatory requirement under law to register your copyright. But the moment any kind of dispute arises and you need to prove your right, that is when registration comes to your aid, registration makes copyright legally enforceable in disputes and it goes in your favour. It is always advisable to be careful and get your work registered.
Moral Rights
Moving on to the next concept that is moral rights, what is the section of copyright act dealing with this right? It is section 57 which specifies moral rights. So. Let’s understand what moral rights mean?
Even if you assign your copyright or license it, or copyright time period expires, section 57 gives you rights known as moral rights which can never be taken away. Moral rights come under two categories, they are “right of paternity” and “right off integrity”.
Right of Paternity
It means to be credited as the original creator. For example, if you are a singer or a writer of a novel, you will always be identified as their creator or author even when the copyright is over or copyright is assigned to someone else. This is your basic right of paternity you will always be associated as the author of that work.
Right of Integrity
It means you have the right even after assigning your copyright to stop someone from distorting your work or modifying your work or misusing your work that can harm your reputation. For example, being an author of a novel you have assigned your rights for it to be made into a motion picture, you still have the right to stop the distortion of your work which will harm your reputation as the creator of that work.
After the concept of copyright and moral rights let’s move on to the next concept that is performer rights.
Performers Rights
Relevant sections? Section 38, 38 A, and 38 B of the Copyright Act.
If you perform live, such as sing or dance or act or other live performances, you are protected under these section of the Indian Copyright Act. For example, you are giving live musical performance and someone records your live performance and uploads it, you can claim ownership , demand payment, and get it blocked.
Hence, unauthorised recording and uploading and streaming without your permission or using your live performances commercially without paying you, these are prohibited and you have rights as a performer to take legal recourse against such accents.
Hence, Copyright Act can be said to be equivalent to ownership and monetisation rights. Moral rights give you credit as well as respect for your work, Performer rights give you control over usage of your life performance.
So, be aware of your rights and protect your art, protect your name, and protect your future.
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