# The Copyright Act, 1957, Section 38B: Moral rights of the performer

- Act: The Copyright Act, 1957 (Act 14 of 1957)
- In force from: 1958-01-21
- Ministry: Ministry of Commerce and Industry
- Source URL: https://indiacode.ecourtsindia.com/copyright-act/section/38B/

## Text

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.]

---
Published by eCourtsIndia together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957.