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JIPR Vol.13(6) [November 2008] >


Title: Protecting Performers’ Rights: Does India Need Law Reform?
Authors: Ambast, Sanhita
Keywords: Performers’ rights
Copyright law
Sui generis
Economic rights, moral rights, non-tangible rights
Issue Date: Nov-2008
Publisher: CSIR
Abstract: The rapid growth in technology combined with an increased awareness of intellectual property has led to many countries recognizing importance of a well-developed performer protection regime. Such regimes, involving a combination of legal policy making and pragmatic placation of myriad interest groups has resulted in a nebulous, but growing body of jurisprudence in different domestic jurisdictions. India, for one, has large stakes in creating strong performer protection laws, given the quantum of Indian entertainment exports and folklore which must be protected. Indian law today protects rights of performers through the mechanism of copyright law. This article critically evaluates this regime, and demonstrates that the performer protection regime in India today is inadequate in the context of what performers’ rights purport to protect and accomplish. This article begins by understanding the terminology of the jurisprudence of performers’ rights. It then compares prevailing American, English and international performer protection regimes to existing Indian law, and concludes by arguing that reform in the nature of sui generis protection for performers’ rights in India is essential.
Page(s): 574-582
ISSN: 0971-5544
Source:JIPR Vol.13(6) [November 2008]

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