Rights of Celebrities, Actors, and Artists Under Indian Copyright Law

Rights of Celebrities, Actors, and Artists Under Indian Copyright Law

In India, the world of creativity is protected not merely by admiration but by law. Copyright law stands as a quiet guardian behind every artist, actor, musician, and performer who breathes life into their work. Though the spotlight often shines on their faces and performances, it is the Copyright Act, 1957, that ensures their creations are neither misused nor taken away without due credit or compensation.

1. The Soul of the Work: What Copyright Protects

For an artist, a creation is often an extension of the self, be it a recorded performance, a painted canvas, a melody, or a dramatic portrayal. Under Indian law, such original expressions are shielded from unauthorized reproduction, distribution, or public communication.

Copyright does not protect ideas but protects the expression of those ideas, how a character is embodied, how a melody is arranged, how a script is written, or how a performance is captured.

2. Performers’ Rights: The Actor’s Shield

Indian law recognizes that performers stand in a delicate space. Their work is ephemeral and fleeting, yet once recorded, it can be reused infinitely.

Under Sections 38, 38A, and 38B, an actor or performer enjoys:

• Exclusive rights over their recorded performances, including reproduction, distribution, and broadcasting.
• The right to give or withhold consent before any recording is used.
• The right to receive royalties, particularly when the performance is used in new formats or for commercial gain.
• Moral rights, protecting the performer from distortion, mutilation, or modification of their performance that might harm their reputation.

These rights ensure that a performer is not merely a vessel for storytelling but a stakeholder in the economic and artistic life of their work.

3. Celebrity Image, Voice, and Persona

While copyright protects works, India also gradually recognizes personality rights—the unique combination of a celebrity’s name, likeness, voice, signature style, and public identity. These rights ensure that no brand, advertiser, or third party can exploit an actor’s persona without permission.

Though personality rights are shaped mostly by court judgments rather than statutes, celebrities now enjoy increasing protection against:

• Unauthorized endorsements
• Look-alike actors in advertisements
• Deepfakes and AI-generated likeness
• Commercial use of voice or signature poses

In essence, a celebrity’s identity is their own intellectual property.

4. The Artist’s Dual Rights: Economic and Moral

Copyright gives creators economic rights (to earn from their work) and moral rights (to maintain artistic dignity).

Economic Rights

These include:

• Reproduction
• Public performance or communication
• Distribution
• Adaptations and translations

Moral Rights (Section 57)

These are deeply personal:

• Right of paternity: to be credited as the author
• Right of integrity: to object to distortion or mutilation

Even if an artist transfers all economic rights, their moral rights remain with them, like a gentle but unbreakable thread tying them back to their creation.

Important Clauses / Points to Look for in Artist or Actor Contracts

When signing any creative or performance-related agreement, celebrities and artists should carefully examine the following clauses:

A. Intellectual Property & Ownership

• Who owns the final recorded performance or artwork?
• Are any rights being permanently assigned?
• Is the assignment limited to specific media, territories, or duration?

B. Usage Rights

• How can the producer/platform use the performance (films, ads, OTT, trailers, merchandise, etc.)?
• Is reuse allowed without fresh consent?

C. Royalty & Revenue Sharing

• Is the artist entitled to royalties?
• What percentage and how frequently are payments made?
• Does the contract cover future formats (e.g., AI recreations, VR, remakes)?

D. Consent for Alteration

• Can the producer edit, dub, modify, or digitally alter the performance?
• Are deepfakes or AI-generated adaptations allowed?

E. Moral Rights Protection

• Assurance that the artist’s reputation will not be harmed
• No distortion or derogatory modification of performance

F. Exclusivity & Non-Compete

• Are there restrictions on working with competitors?
• Duration and scope of exclusivity

G. Personality Rights & Endorsements

• Use of name, image, likeness, or voice
• 1Consent requirements for promotional material
• Restrictions on look-alikes or impersonations

H. Confidentiality & Publicity

• What information must remain confidential?
• Who controls press releases or social media announcements?

I. Termination & Reversion

• Conditions under which rights return to the artist
• Payment obligations upon early termination

J. Indemnity & Liability

• Who is responsible if a dispute arises over copyright or personality rights?
• Protection from misuse by third parties
• Normally, there can be a cap on the liability of the artist and or\s the other party, and the artist should make sure that there are no unnecessary on un-required dues been extracted from the artist. It all depends on how big the liability and how much damage has happened. The cost of the damages can be more or less but it still can be capped for each party. The Artist shall specifically look for what kind of damages they are agreeing to what would be the cost for each damage so to protect themselves monetarily.

These are the most important clauses in the artist Agreement that an Artist should not take lightly. The Artist should take care to negotiate on all these points firmly or consult a lawyer to negotiate on behalf of them.