The Copyright Act, 1957, provides that among the exclusive rights granted to owners of rights in respect of their works are the following loosely described rights: –
(i) the right to perform the work in public;
(ii) the right to communicate the work by broadcast;
(iii) the right to communicate the broadcast of the work to the public by a loud speaker;
(iv) the right to communicate the broadcast of the work to the public by any instrument;
(v) the right to make any record in respect of the work.
The first four rights are generally referred to in the Industry by the single expression ‘Performing Rights’, and the last right is referred to as ‘Mechanical Rights’, and are administered on behalf of its members by the IPRS as assigned.
The expression ‘Performing Right’, means and includes the right of performing in public, making available including broadcasting and causing to be transmitted to users/subscribers of a diffusion service in all parts of the world, by any means and in any manner whatsoever, all musical works or parts thereof and such words and parts thereof (if any) as are associated therewith (i.e. lyrics), including the vocal and instrumental music in cinematograph films, the words and/or music of monologues having musical introduction, and/or accompaniment, and the musical accompaniment of non-musical plays, dramatic-o-musical works including operas, operettas, Musical plays, revues or pantomimes and ballets, video, plays, serials, documentaries, dramas, commentaries etc. accompanied by music and the right of authorizing any of the said Acts.
The expression ‘Mechanical Right’, means and includes the right of reproduction and storage including in any electronic format. This also includes works stored or reproduced on the recordings of all musical works or parts thereof and such words and parts thereof (if any), and ‘recording’ includes without limitation to the generality of the expression the aggregate of sounds embodied in records, discs, tapes and cartridges of all kinds. Including digital copies of such recordings.