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Section 38B of Copyright Act 1957: Moral Rights of the Performer

Section 38B (Moral rights of the performer) under Chapter VIII (Rights of Broadcasting Organisation and of Performers) of the Copyright Act 1957

❝The performer of a performance shall, independently of his right after assignment, either wholly or partially of his right, have the right,—

(a) to claim to be identified as the performer of his performance except where omission is dictated by the manner of the use of the performance; and

(b) to restrain or claim damage in respect of any distortion, mutilation or other modification of his performance that would be prejudicial to his reputation.

Explanation.—For the purposes of this clause, it is hereby clarified that mere removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer’s reputation.❞



Section 38B of the Copyright Act 1957 was inserted by the Copyright (Amendment) Act 2012 (No. 27 of 2012), sec. 27, w.e.f. 21-Jun-2012.

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