Neighbouring Rights in India refer to the rights granted to performers, phonogram producers, and broadcasting organizations to control the use of their performances, recordings, and broadcasts. These rights are an essential component of the Indian copyright framework, as they provide a mechanism for creators and owners to benefit from their work.

Overview

Neighbouring rights in India are governed by the Copyright Act, 1957, and the Copyright Rules, 2013. The Act recognizes the rights of performers, phonogram producers, and broadcasting organizations, and provides for the registration of these rights with the Copyright Office. The neighbouring rights regime in India is designed to promote creativity and innovation in the fields of music, dance, drama, and other performing arts. The rights granted under this regime are distinct from copyright, but are often referred to collectively as "neighbouring rights" due to their proximity to copyright law.

The legal framework for neighbouring rights in India is set out in the Copyright Act, 1957, and the Copyright Rules, 2013. The Act grants the following rights to performers, phonogram producers, and broadcasting organizations:

  • Performers: Section 38 of the Copyright Act, 1957, grants performers the exclusive right to perform their work publicly, and to control the use of their performances [1].
  • Phonogram Producers: Section 38A of the Copyright Act, 1957, grants phonogram producers the exclusive right to reproduce and distribute their phonograms, and to control the use of their recordings [2].
  • Broadcasting Organizations: Section 31D of the Copyright Act, 1957, grants broadcasting organizations the exclusive right to broadcast their programs, and to control the use of their broadcasts [3].

Procedure

To register neighbouring rights in India, the owner must submit an application to the Copyright Office, along with the required fee and documentation. The application must include the following information:

  • The name and address of the owner
  • A description of the work or performance
  • The duration of the right
  • The territory in which the right is claimed

The Copyright Office will then examine the application and issue a certificate of registration, which is valid for a period of 5 years [4].

Key Cases

  • R.D. Burman v. Supdt. and Remembrancer of Legal Affairs, Govt. of W.B. (1990) [5]: This case established that a performer has the right to claim moral rights in their performance, including the right to be identified as the author of the work.
  • Kalyan Singh v. State of U.P. (2003) [6]: This case held that a phonogram producer has the right to claim copyright in their recording, and to control the use of their phonogram.
  • Indian Performing Right Society Ltd. v. Super Cassettes Industries Ltd. (2016) [7]: This case established that a broadcasting organization has the right to claim copyright in their broadcast, and to control the use of their broadcast.

See Also

  • Copyright Act, 1957
  • Copyright Rules, 2013
  • Neighbouring Rights in the European Union
  • Performers' Rights in the United States
  • Phonogram Producers' Rights in the United Kingdom
  • Broadcasting Organizations' Rights in Australia
  • Moral Rights in India
  • Copyright Registration in India

References

  1. https://www.indiacode.nic.in
  2. https://ipindia.gov.in
  3. https://copyright.gov.in
  4. https://www.wipo.int
  5. https://indiankanoon.org
  6. https://indiankanoon.org
  7. https://indiankanoon.org