INTRODUCTION
Performers play a crucial role in the entertainment industry, bringing artistic works to life through their expressions, skills, and creativity. Over the years, there has been increasing recognition of the rights of performers, particularly in response to the challenges posed by technological advancements, digital distribution, and new-age entertainment models. While various legal frameworks exist to protect performers’ rights, the enforcement of these rights remains fraught with difficulties. Despite the statutory provisions and international agreements recognising these rights, many performers struggle to assert their claims, often facing contractual limitations, revenue disparities, digital exploitation, and weak dispute resolution mechanisms. The gap between legal recognition and actual enforcement has resulted in an environment where performers, particularly those without significant bargaining power, are frequently left without adequate legal recourse.
At the national level, many countries have incorporated these protections into their legal frameworks. For instance, in India, performers’ rights are recognized under the Copyright Act, 1957, which was amended in 2012 to provide performers with moral and economic rights. Section 38 of the Act grants performers the exclusive right to control the communication of their performances to the public, while Section 38A provides them with a right to receive royalties.
THE GAP BETWEEN LEGAL RECOGNITION AND ACTUAL ENFORCEMENT
Although legal provisions exist on paper, their implementation is far from seamless. One of the key issues contributing to this gap is the imbalance of power between performers and production companies. Performers, especially emerging artists, often sign contracts that significantly limit their control over their own performances. These agreements are frequently drafted in favour of producers, granting them exclusive rights over recordings, distributions, and future uses of performances. In many cases, performers are not adequately compensated for the commercial success of their work, as contracts either offer lump-sum payments or exclude residual earnings altogether. This issue is particularly evident in the digital era, where streaming services dominate content distribution, yet performers receive only a small fraction of the revenue generated.
The proliferation of illegal streaming websites, social media platforms, and filesharing networks has made it easier for performances to be exploited without authorization. While laws such as the DMCA and anti-piracy measures under various national legislations exist, their effectiveness is often limited by jurisdictional challenges and the sheer volume of infringing content. Performers frequently struggle to take legal action against infringers, as litigation can be costly, time-consuming, and difficult to pursue across multiple jurisdictions.