Exclusive right of performers
Section 38A of the Copyright Act, 1957 deals with exclusive right of performers. Without prejudice to the rights conferred on authors, the performers right which is an exclusive right subject to the provisions of this Act to do or authorise for doing any of the following acts in respect of the performance or any substantial part thereof, namely:-- (a) to make a sound recording o The Act came into force on 21 Jan 1958.
1[38A. Exclusive right of performers.-- (1) Without prejudice to the rights conferred on authors, the performers right which is an exclusive right subject to the provisions of this Act to do or authorise for doing any of the following acts in respect of the performance or any substantial part thereof, namely:--
(a) to make a sound recording or a visual recording of the performance, including--
(i) reproduction of it in any material form including the storing of it in any medium by electronic or any other means;
(ii) issuance of copies of it in any material form including the storing of it in any medium by electronic or any other means;
(iii) communication of it to the public;
(iv) selling or giving it on commercial rental or offer for sale or for commercial rental any copy or the recording;
(b) to broadcast or communicate the performance to the public except where the performance is already broadcast.
(2) Once a performer has, by written agreement, consented to the incorporation of his performance in a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performers right in the same film:
Provided that, notwithstanding anything contained in this sub-section, the performer shall be entitled for royalties in case of making of the performances for commercial use.]
Section 38A, The Copyright Act, 1957 (Act 14 of 1957).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Veeramani Kannan v. Super Audio (Madras) Pvt. Ltd.
Court's Decision & Legal Precedent
Copyright Act s.38 confers an independent special performer’s right on a singer whose studio performances are recognised as such in the assignment agreement; ‘made live’ in s.2(q) is not confined to uninterrupted one-go live shows — studio recordings in bits still attract s.38 protection (Madras HC).
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 38A
What have the courts held on Section 38A of the Copyright Act?
Veeramani Kannan v. Super Audio (Madras) Pvt. Ltd. (07 Sep 2021) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 38A of the Copyright Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Copyright Act 38A, section 38A Copyright Act, section 38A of the Copyright Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Veeramani Kannan v. Super Audio (Madras) Pvt. Ltd. (07 Sep 2021).
When did Section 38A of the Copyright Act come into force?
Section 38A of the Copyright Act, cited as Copyright Act 38A, came into force on 21 Jan 1958, having been enacted on 04 Jun 1957. It is in force as at the date shown on this page.
Other sections of this Act
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.