Lok Sabha Question No. 4171 (UNSTARRED), answered on 2022-03-29
Subject: Copyright Act of India
Ministry: INFORMATION AND BROADCASTING
Asked by: Amol Ramsing Kolhe

## GOVERNMENT OF INDIA MINISTRY OF INFORMATION AND BROADCASTING

## LOK SABHA UNSTARRED QUESTION NO. 4171 TO BE ANSWERED ON 29.03.2022

## COPYRIGHT ACT OF INDIA

## 4171. DR. AMOL RAMSING KOLHE:

## Will the Minister of INFORMATION AND BROADCASTING

be pleased to state:

- (a) whether actors are mainly dependant on producers in order to get their royalty and fix their morality rights, if so, the details thereof;
- (b) whether  the  Government  is  considering  to  create  specific  provisions  in present Copyright Act of India so as to bring a clear consensus of considering the work of actors at par with that of authors to give them proper protection within Copyright laws and if so, the details thereof;
- (c) whether in Indian Law personality rights are not defined and if so, the details thereof along with the reasons therefor;
- (d) whether the Government  is  to formulate legislative provisions defining personality rights  which is currently undefined concept and if so, the details thereof;
- (e) whether various agreements are entered into by various stakeholders in the cinematographic  realm  and  if  so,  whether  there  are  no  clear  Standard Operating Procedure (SOP) on these agreements which are to be carried out, if so, the details thereof; and
- (f)  whether the Government is considering to formulate Rules and SOP to make the implementation of the law more powerful, transparent and right-based and if so, the details thereof?

## ANSWER THE MINISTER OF INFORMATION AND BROADCASTING; AND

## MINISTER OF YOUTH AFFAIRS AND SPORTS (SHRI ANURAG SINGH THAKUR)

(a): Actors are considered as performers under section 2(qq) of the Copyright Act, 1957. Sections 38, 38A, and 38B of the Copyright Act, 1957  provide  for  performer's  economic  and  moral  rights  which  do not depend on producers.

(b):  The  existing  provisions  under  the  Copyright  Act,  1957  grant performers  the  rights  which  are  at  par  with  the  authors.  The economic and moral rights to performers are granted under sections 38A  and  38B  of  the  Copyright  Act,  1957  for  safeguarding  their interests. Further, civil remedies and criminal sanctions are prescribed under the Copyright Act against any infringement of the performer's rights.

(c) & (d): The definition of Personality Rights is not provided under the Copyright Act, 1957. Performers, comprising actors are granted moral rights under section 38B, whereby they have the right to be given credit of their work and have a right of restraining others from causing any kind of damage to their work which may disrupt their reputation.

(e):  The  Copyright  Act,  1957  and  rules  made  thereunder,  do  not provide for any prescribed Standard Operating Procedure (SOP) for entering in an agreement in the cinematographic realm. Parties are free  to  determine  the  terms  and  conditions  of  the  agreement through voluntary negotiations. The mode of assignment of rights is provided under section 19 of the Copyright Act, 1957.

(f):  The  Copyright Act, 1957, pursuant to the amendments in 2012, fully  reflects  the  Berne  Convention  for  protection  of  Literary  and Artistic  Works  and  the  World  Intellectual  Property  Organization ( WIPO) Copyright Treaty. The amended act comprises provisions to protect performers' rights as envisaged under the WIPO Performances and Phonograms Treaty.