The Stage of Law: Examining Performers' Rights in India and Australia's Entertainment Industries

Bansal, Karnika

Abstract

Performers play a crucial role in the creative process by bringing various copyrightable subject matters, such as songs, dances, dramatic performances, and films (cinematographic works), to life. However, unlike other stakeholders, including lyricists, music composers, and production companies, performers often do not receive equivalent property rights. This paper contends that despite certain protections granted to performers under copyright laws in many countries, including India and Australia, there remain gaps and limitations that hinder the full recognition and protection of performers’ rights. This situation leads to questions regarding the nature of performers’ rights and how the law distinguishes neighbouring rights within the copyright law framework. The primary aim of this paper is to assess whether the existing framework of performers’ rights principally benefits the performers themselves or leans more towards a market-centred approach favouring producers. This analysis, particularly focused on the contexts of India and Australia, builds a case for the recognition of co-authorship rights for performers.

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James Cook University Law Review

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1321-1072

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James Cook University

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