The Copyright Act defines a “performance” as any live visual or acoustic presentation by one or more performers [Sec. 2 (q), Copyright Act]. A “performer” includes actors, singers, musicians, dancers, among other artists engaged in a performance. [Sec. 2 (qq), Copyright Act]
It is noteworthy that the work of an actor in a film does not constitute a separate copyright in the same way a screenplay or music does. In Fortune Films v. Dev Anand, the Bombay High Court clarified that, “the film in its entirety viz., the mixture or blend in its totality is protected… The protection, however, is not available to certain components and elements of this mixture viz., the actor’s performance but may be available to the story, screenplay, scenario, or the music, in case these satisfy the requirements of the Act.”
While the performance of an actor with respect to a film is not copyrightable, the interests of famous personalities like actors and singers may be protectable under the Act, as also under relevant trademark laws. For instance, Section 38B of the Act provides “moral rights” to performers, such as the right to be given credit for their performance; the right to restrain against distortion, mutilation or damage to their performance and against the unauthorized use of their personality which includes their name, image, voice, and other distinctive attributes.
