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Name: MAYANK SINHA User Id- mayank19202

Answers:-

1- The word performer is defined under Section 2(qq) which says that the performer includes an acrobat, musician, singer, actor, juggler, snakecharmer, a person delivering lecture or any other person who makes the performance. Under Section 2(q) the world performance means any visual or acoustic presentation made by one or more performers. The Performer Rights Conferred under Copyright Act are:a. to make sound recording or visual recording b. to reproduce sound recording or visual recording c. to broadcast the performance d. to communicate the performance to the public The performer rights subsist for fifty year fifty years from the beginning of the calendar year next following the year in which the performance is made.

2- The infringement of Copy Rights depends upon the creativity of works, and it is numerous, i.e., literary, dramatic, musical, artistic, etc. Sec-51 of the Act defines infringement of Copyright not specifically with respect of each kind of creative work. According to Sec-51 copyright in a work shall be deemed to be infringed:

a. when any person without a licence communicates, or permits profit other than the owner of the work.

-2b. When any person makes for sale, distributes, exhibits in public by way of trade or imports into India any infringing copy copies of work.

For the purpose of this section, the reproduction of literary, dramatic or artistic work shall be deemed to be an infringed.

3- Concept of Ownership and author are vital when the question of propriety over the copyright arises. The copyright does not protect the ideas of the author or composer, it only protect the form in which it has been put out. Copyright being a right of an author, artist or composer prevents other from copying the original work which is the authors or artists creation. According to Section-17 the author of the work is the first owner of teh copyright in the work. The originator of an idea is not the owner of the copyright, copyright belongs to a person who gives concrete form to the idea, i.e. writes a book or paints a picture.

4- Assignment of copyright- The owner of copyright of work has right to assign copyright to any person. Assignment is transfer of owner ship in rights to the assignee. Assignment of the copy right may be for the whole of the rights or for part of the rights only. Assignment of the copyright may be general, full term, on territorial basis or in the all combination forms. Licence- A licence is transfer of an interest, permission to do something in respect of the work in a copyright. In a licence the rights are granted are limited, the ownership rights are remained with author.

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5- Neighbouring Rights- Copyright consists not merely of the right to


reproduction. It also consists of the right to works derived from the original works; right like the right of public performance the recording right and the broadcasting right which are as important or even more then the right of reproduction. Such related right are termed neighbouring rights. Chapter VIII(Broadcasters and Performers Right) of Copy Right Act provides for neighbouring rights. Neighbouring rights grants exclusive exploitation rights to performing artist, such as musician and actors. The neighbouring rights are acquired by the act of performing, recording or broadcasting similarly as copyright exists the pen leaves the paper.

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