Since 2012, a singer whose performance is played commercially has their own enforceable right — and a right to royalties for it. The Delhi High Court put that into practice against a bar playing recorded music without clearance.
The 2012 recognition of performers
The Copyright (Amendment) Act, 2012 (effective 21 June 2012) aligned Indian law with Article 14 of TRIPS and the WIPO Performances and Phonograms Treaty (WPPT). It introduced/strengthened Sections 38, 38A and 38B, recognising performers’ rights — and, crucially, under Section 38A, a performer’s right to royalties where the performance is used commercially. Performers’ rights subsist for 50 years from the performance.
Who owns what in a song
A single recorded song stacks several rights, running in parallel:
- Lyrics — literary work, owned by the lyricist;
- Music — musical work, owned by the composer;
- Sound recording — owned by the producer/label; and
- Performers’ rights — the singer/performer’s own rights, alongside the others.
So a licence from the label is not necessarily the end of the clearances.
ISRA v. Chapter 25
The Indian Singers’ Rights Association (ISRA) — a copyright society registered under Section 33 — sued Chapter 25 Bar and Restaurant (Delhi) for publicly performing its members’ repertoire (April 2015) without a Performers’ Rights Clearance Certificate or royalty payment.
- Basis: under Section 38A(1), performers have exclusive rights including communication to the public; Section 38A(2) entitles them to royalties for commercial use.
- Finding: the Delhi High Court held there was infringement of the performers’ Right to Receive Royalty.
- Relief: a permanent injunction restraining further public performance without clearance/royalty, an order to render accounts, and ₹20,000 costs.
What it means in practice
- Clear performers’ rights, not just the recording. A venue or business playing music may need a performers’ clearance (e.g. from ISRA) in addition to sound-recording/public-performance licences.
- Royalties are a statutory entitlement. Section 38A gives performers a right to be paid for commercial use — it is not waivable by the label’s arrangements.
- Societies will enforce. Registered societies actively pursue unlicensed commercial use.
Frequently asked questions
What are performers’ rights in India? Rights of performers (like singers) over their performances, recognised under Sections 38–38B of the Copyright Act, including a right to royalties for commercial use (Section 38A) and lasting 50 years.
Do I need a performers’ clearance to play music in my venue? Potentially yes — in addition to sound-recording/public-performance licences, performers’ rights (e.g. via ISRA) may need clearing, as ISRA v. Chapter 25 shows.
Can performers’ royalty rights be waived? The statutory royalty entitlement for commercial use is a protective right and is not simply displaced by the label’s licence.
How long do performers’ rights last? 50 years from the year of the performance.
Useful official resources
- The Copyright Act, 1957
- WIPO — WPPT