Performers are essential contributors to the creative industry, whether they are musicians, actors, or dancers. However, for many years, their rights were not fully recognized under intellectual property law. It was not until the adoption of international treaties like the Rome Convention and national laws like the Copyright Act that performers began to receive the recognition and protection they deserved. Today, performers' rights continue to evolve, with new challenges emerging in the digital age.

Performers' rights under intellectual property law refer to the legal protections afforded to performers in relation to their creative works. These rights cover a range of areas, including the use and distribution of performances, royalties and compensation, moral rights, and the right to attribution.

The recognition and protection of performers' rights have been a long and complex process. Historically, performers were often viewed as secondary to authors or composers, and their contributions were not valued as much. It was not until the adoption of the Rome Convention in 1961 that performers received basic rights and protections under international law. Since then, national laws and international treaties have been adopted to provide more extensive protection for performers' rights.

The advancement of technology has posed new challenges for the protection of performers' rights. The widespread use of the internet and digital technologies has made it easier to copy and distribute performances without the permission of the performers.

As a result, new laws and treaties have been adopted to protect performers' rights in the digital age. Overall, performers' rights are an essential part of intellectual property law, and their recognition and protection are crucial for the continued development of the creative industry.

This article will delve deeper into the historical advancement of performers' rights and the current state of these rights under intellectual property law. It will also examine the challenges faced by performers in the digital age and the ways in which new laws and treaties are being developed to address these challenges.

Historical Advancement
The protection of performers' rights under intellectual property law has a long and complex history. Performers have always played an essential role in the creative industry, and their contributions have been instrumental in shaping the cultural landscape of different societies. However, performers' rights were not always recognized, and the development of these rights has been a gradual process.

Historically, performers were often considered to be mere instruments of the work they performed. In the early days of recorded music, for example, performers had little control over the use of their recordings and received little compensation for their work. The development of copyright law in the 19th century did not provide much protection for performers, as it focused primarily on protecting the rights of authors and publishers.

The first significant development in the protection of performers' rights came with the adoption of the Rome Convention in 1961. The Rome Convention was a landmark treaty that recognized the importance of performers in the creative industry and provided them with basic rights and protections. The Rome Convention provided performers with the right to control the use of their performances, the right to authorize or prohibit the fixation of their performances, and the right to be compensated for the use of their performances.

The Rome Convention was later updated in 1971, 1987, and 1996 to reflect the changing needs of performers in the digital age. These updates provided performers with more extensive protection and gave them the right to claim authorship of their performances and to object to any distortion or mutilation of their performances that would be prejudicial to their honour or reputation.

In addition to the Rome Convention, national laws and international treaties have provided more extensive protection for performers' rights. In the United States, for example, performers' rights are protected under the Copyright Act. Under the Copyright Act, performers have the exclusive right to perform their work publicly, to reproduce their work and to distribute their work. Performers also have the right to license their performances and to receive compensation for the use of their performances.

The advancement of technology has also posed new challenges for the protection of performers' rights. The digital age has made it easier to copy and distribute performances without the permission of the performers. As a result, new laws and treaties have been adopted to protect performers' rights in the digital age.

For example, the European Union adopted the Directive on Copyright in the Digital Single Market in 2019. This directive provides performers with new rights and protections, including the right to fair remuneration for the use of their performances and the right to request additional compensation if their performances become more successful than originally anticipated.[1]

Recognition of Performer's Rights Internationally

Performers are essential contributors to the creative industry, and their rights are recognized and protected under various international treaties and agreements. These agreements set out the basic rights and protections afforded to performers in relation to their creative works.

The Rome Convention on the Protection of Performers, Producers of Phonograms and Broadcasting Organizations is a landmark treaty that provides the basic framework for the protection of performers' rights under international law.

Adopted in 1961 and revised in 1971, 1987, and 1996, the Rome Convention sets out the following rights for performers:

1. The right to control the use of their performances:

   Performers have the right to control how their performances are used, including the right to prohibit or authorize the broadcasting, recording, or rebroadcasting of their performances.
    

2. The right to authorize or prohibit the fixation of their performances:

   Performers have the exclusive right to authorize or prohibit the fixation of their performances, including the right to prevent others from making sound or visual recordings of their performances without their permission.
    

3. The right to receive royalties and other forms of compensation:

   Performers have the right to receive fair and equitable compensation for the use of their performances, including the right to receive royalties for the reproduction and distribution of their performances.
    

4. The right to moral rights:

   Performers have the right to protect their reputation and honour, and to prevent the distortion or mutilation of their performances.

In addition to the Rome Convention, other international treaties and agreements provide additional protections for performers' rights. The World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty (WPPT) is a treaty adopted in 1996 that provides additional protections for performers' rights in the digital age.

The WPPT recognizes the exclusive right of performers to authorize the use of their performances in any form, including in digital form, and provides for the payment of royalties for the use of their performances.

The Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) is another international agreement that provides protections for performers' rights. TRIPS sets out the minimum standards for the protection and enforcement of intellectual property rights, including the protection of performers' rights.

Overall, performers' rights under international law provide essential protections for performers and their creative works. These rights recognize the significant contributions of performers to the creative industry and ensure that they receive fair and equitable compensation for their work. As the creative industry continues to evolve, it is essential that these rights continue to be recognized and protected to ensure the continued development of the industry and the protection of performers' rights.[2]

Performer's Rights under Indian Parliamentary laws

Performers' rights in India are recognized and protected under various laws and regulations, including copyright law and the Performers' Protection Act. These laws provide performers with a range of protections and rights, including the right to control the use of their performances, the right to authorize or prohibit the fixation of their performances, and the right to receive fair compensation for the use of their performances.

Under Indian copyright law, performers are considered to be authors and are granted exclusive rights over their performances. These rights include the right to authorize or prohibit the recording, reproduction, and distribution of their performances. Performers also have the right to control the public performance of their works and to receive fair and equitable compensation for the use of their performances.

The Performers' Protection Act was enacted in 1957 and provides additional protections for performers' rights in India. The act defines a "performer" as any person who performs or presents any work, whether it is a musical, dramatic, or artistic performance. The act provides performers with the following rights:

The right to control the fixation of their performances:

Performers have the exclusive right to authorize or prohibit the fixation of their performances, including the right to prevent others from making sound or visual recordings of their performances without their permission.

The right to control the use of their performances:

Performers have the right to control how their performances are used, including the right to prohibit or authorize the broadcasting, recording, or rebroadcasting of their performances.

The right to receive royalties and other forms of compensation: Performers have the right to receive fair and equitable compensation for the use of their performances, including the right to receive royalties for the reproduction and distribution of their performances.

In addition to these rights, the Performers' Protection Act also provides for criminal penalties for the unauthorized use of performers' works. Anyone who infringes on a performer's rights under the act can be subject to fines and imprisonment.

Overall, performers' rights under Indian law provide essential protections for performers and their creative works. These rights recognize the significant contributions of performers to the creative industry and ensure that they receive fair and equitable compensation for their work. As the creative industry continues to evolve, it is essential that these rights continue to be recognized and protected to ensure the continued development of the industry and the protection of performers' rights.[3]

Remedies available in violation of Performer's Rights

Performers have a range of rights under intellectual property law that are designed to protect their creative works and ensure that they receive fair and equitable compensation for their contributions. However, when these rights are violated, performers have a variety of remedies available to them to seek redress.

One of the most common remedies for violating performer rights is injunctive relief. This is a court order that prohibits the infringing party from continuing to use the performer's work or engaging in other infringing activities. Injunctions can be temporary or permanent and are designed to prevent further harm to the performer's rights.

Another common remedy for violating performer rights is damages. This refers to monetary compensation that is awarded to the performer to compensate for the harm caused by the infringement. Damages can be awarded for actual losses suffered by the performer, as well as for any profits gained by the infringing party as a result of the infringement.

Statutory damages are another type of damages that are available in some jurisdictions. These are damages that are awarded without the need for the performer to prove actual losses. Instead, the court may award a set amount of damages based on the severity of the infringement.

In addition to injunctive relief and damages, performers may also seek other remedies for violating their rights.

These may include:
Account of profits:
This is a remedy that requires the infringing party to account for any profits that they have gained as a result of the infringement. The performer is then entitled to a share of these profits.

Destruction of infringing materials:

This is a remedy that requires the infringing party to destroy any materials that have been created in violation of the performer's rights. This may include copies of recordings or other materials that infringe on the performer's rights.

Criminal penalties:

In some cases, violations of performer rights may be considered criminal offenses. In these cases, the infringing party may be subject to fines or imprisonment.

Overall, performers have a range of remedies available to them to seek redress for violations of their rights. These remedies are designed to provide performers with the tools they need to protect their creative works and ensure that they receive fair and equitable compensation for their contributions. As the creative industry continues to evolve, it is essential that these remedies continue to be recognized and enforced to ensure the continued development of the industry and the protection of performers' rights.[4]

Judicial Pronouncement

India has seen several recent cases that have helped to strengthen the protection of performer's rights under intellectual property law. Here are a few notable examples:

Shreya Singhal v. Union of India (2015)[5]:

In this case, the Supreme Court of India struck down a provision of the Information Technology Act that criminalized certain forms of online speech. The court noted that the provision was overly broad and could potentially be used to restrict freedom of expression, including the expression of performers through their creative works.

Super Cassettes Industries Ltd. v. Myspace Inc. (2016)[6]:

In this case, the Delhi High Court held that online intermediaries like Myspace were liable for copyright infringement when they host and distribute copyrighted content without permission from the rights holder. The court also noted that performers had the exclusive right to authorize the communication of their performances to the public.

Tips Industries Ltd. v. Wynk Music Ltd. (2019) [7]:

In this case, the Bombay High Court held that music streaming services like Wynk Music were liable for copyright infringement when they offered copyrighted content without permission from the rights holder. The court also noted that performers had the exclusive right to control the use of their performances and to receive fair compensation for their contributions.

Indian Singers Rights Association v. Entertainment Network (India) Ltd. (2021)[8]:

In this case, the Bombay High Court held that radio stations were liable for copyright infringement when they broadcast copyrighted content without permission from the rights holder. The court also noted that performers had the exclusive right to authorize the communication of their performances to the public and to receive fair compensation for their contributions.

Overall, these cases have helped to strengthen the protection of performer's rights under intellectual property law in India and have emphasized the importance of ensuring that performers receive fair compensation for their contributions.

Conclusion
In conclusion, performers' rights are an essential part of intellectual property law. Performers have the right to control the use of their performances, to receive compensation for the use of their performances, and to protect their reputation and integrity.

National laws and international treaties provide different levels of protection for performers' rights, and performers must be aware of the legal framework that applies to them. The protection of performers' rights is crucial for the continued growth and development of the creative industry and for ensuring that performers receive the recognition and compensation they deserve.

References:

1. https://blog.ipleaders.in/performers-rights-under-copyright-law/
2. https://www.mondaq.com/india/copyright/1111986/analyzing-the-significance-of-performers-rights-under-copyrightlaw
3. https://excelonip.com/significance-of-performers-rights-in-india-identifying-the-vacuum-in-times-of-digitisation/
4. https://www.legalserviceindia.com/legal/article-5440-what-are-the-rights-of-performers-under-indian-copyright-law-.html
5. 2015 SCC ONLINE SC 248
6. 2016 SCC ONLINE DEL 6382
7. https://indiankanoon.org/doc/156695842/
8. https://indiankanoon.org/doc/164962814/