Journal Article

The status of phonogram producers under Indian copyright law

Rajnish Kumar Singh

in Journal of Intellectual Property Law & Practice

Volume 5, issue 6, pages 429-434
Published in print June 2010 | ISSN: 1747-1532
Published online March 2010 | e-ISSN: 1747-1540 | DOI: http://dx.doi.org/10.1093/jiplp/jpq004
The status of phonogram producers under Indian copyright law

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Legal context

The concept of neighbouring rights protection in general and the rights of phonogram producers in particular emerged to protect the rights of those who assist intellectual creators to communicate their message and to disseminate their work to the public at large. Thus it ensures a meaningful reward to producers as the infrastructural and technical contributions are no less than the content of the phonogram.

Key points

This article examines the provisions of the Indian Copyright law and the judicial pronouncements so as to evaluate the status of producers of sound recordings in India. The author does the above examination in the context of both the analogue as well as the digital technology.

Practical significance

The issue of treating phonogram as a subject different from authorial right category has been raised. This article proposes that the requirement of originality differentiates a phonogram from other ‘works’ under copyright law. It highlights the importance of moral rights for phonogram producers and explores the possibility in the Indian act. The status of phonogram in the digital environment has been examined to explore the possibility of any amendment in the Indian law to face the challenges.

Journal Article.  4539 words. 

Subjects: Arbitration ; Intellectual Property Law

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