Section 38B
Moral rights of the performer.
About this Act
An Act to amend and consolidate the law relating to copyright.
1[38B. Moral rights of the performer.--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 purpose of this clause, it is already 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.]
(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 purpose of this clause, it is already 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.]
Notes
1. Ins. by s. 27, ibid. (w.e.f. 21-6-2012).