Comparative Study between India and European Union [EU] on Performers Right to Single Equitable Remuneration and Exploring Issues Related to Performers of Traditional Cultural Expression

Copyright Law protects the rights of performers like actors, singers, and dancers, by giving them certain rights, one of which is, right to get remuneration for their performance, for example when a singer performances a song in a studio, and when such performance is recorded and communicated to the public, the singer also has a right to get remuneration because the sound recording includes singers contribution also. To ensure that such performers get their due compensation, under the WPPT under Article 15(1), performers are given single equitable remuneration for communication of their work. But under Article 15(3) of WPPT, it is provided that any member nation has the option to not apply this provision in their national law. India used this provision and decided to not apply the single equitable remuneration to the performer provision of WPPT. This research work analysis the reasons behind India’s declaration while adopting the WPPT and its implication on performers’ rights. A comparison with European Union Legal Framework is done regarding Stand on Grant of ‘Single Equitable Remuneration’ To Performers. For comparison, EU is taken because they provide for equitable remuneration which India has mentioned it would not provide, so the author would compare the implication on performers rights in both jurisdictions and this would help to find the reason behind India declaration for not providing single-equitable remuneration to performers in India. Then the second part of the research work finds out the issues related to traditional cultural expressions and its implication on performers of TCEs and also those authors/performers who uses them and apply them in contemporary and modern songs. For this Baadshah ‘Genda Phool’ copyright dispute case is used specifically to show how modern artists affect the traditional folklore and the rights of the author of such folklore which come under TCEs.