Moral rights of the performer
Section 38B of the Copyright Act, 1957 deals with 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; The Act came into force on 21 Jan 1958.
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.]
Section 38B, The Copyright Act, 1957 (Act 14 of 1957).
Questions about Section 38B
What does Section 38B of the Copyright Act deal with?
Section 38B of the Copyright Act is headed "Moral rights of the performer". [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
How do I find court cases under Section 38B 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 38B, section 38B Copyright Act, section 38B of the Copyright Act. People searching for it also type 38b copyright act and section 38a and 38b of copyright act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 38B of the Copyright Act come into force?
Section 38B of the Copyright Act, cited as Copyright Act 38B, 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.