Question

Which of the following is not an act included in the exclusive rights of performers under Section 38A(1) of the Copyright Act, 1957?

• A. Making a sound or visual recording of the performance
• B. Broadcasting the performance to the public
• C. Selling or renting copies of the recording
• D. Translating the lyrics of a song performed

Hint:

Performers control exploitation of performances, but recording rights primarily vest in the producer.

Answer 1

The Correct Option is A

Step 1: Understanding Section 38A(1) of the Copyright Act, 1957.
Section 38A(1) grants performers certain exclusive rights in relation to their performances, subject to the provisions of the Act.
Step 2: Rights expressly conferred on performers.
The exclusive rights of performers include broadcasting the performance, communicating it to the public, and selling or renting copies of recordings made of the performance.
Step 3: Recording of performance.
The right to make the first sound or visual recording of a performance primarily vests in the producer. A performer’s consent is required, but the act of making the recording itself is not an exclusive right of the performer under Section 38A(1).
Step 4: Conclusion.
Since making a sound or visual recording of the performance is not an exclusive right of the performer under Section 38A(1), option (A) is the correct answer.