Bansal, Karnika (2023) The Stage of Law: Examining Performers' Rights in India and Australia's Entertainment Industries. James Cook University Law Review, 29. pp. 109-124.

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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.

Item ID:	81775
Item Type:	Article (Research - C1)
ISSN:	1321-1072
Copyright Information:	© James Cook University - School of Law. You may also make a copy of the article available on your personal server or webpage and put a copy in your institution’s research publications archive or database or in other open-access digital repositories, without seeking the Editors’ consent, provided full details of publication in the James Cook University Law Review are given.
Date Deposited:	13 Feb 2024 00:15
FoR Codes:	48 LAW AND LEGAL STUDIES > 4806 Private law and civil obligations > 480603 Intellectual property law @ 50% 48 LAW AND LEGAL STUDIES > 4804 Law in context > 480411 Media and communication law @ 50%
SEO Codes:	23 LAW, POLITICS AND COMMUNITY SERVICES > 2305 Work and labour market > 230599 Work and labour market not elsewhere classified @ 25% 23 LAW, POLITICS AND COMMUNITY SERVICES > 2399 Other law, politics and community services > 239999 Other law, politics and community services not elsewhere classified @ 75%
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