Open Access Research Article
NAVIGATING PERFORMERS RIGHTS ISSUES IN THE DIGITAL WORLD
Published Paper
Article Details
NAVIGATING PERFORMERS' RIGHTS ISSUES IN THE DIGITAL WORLD
ABSTRACT
In the
rapidly evolving landscape of the digital world, the intersection of technology
and entertainment has brought forth a myriad of challenges and opportunities for
performers. This paper delves into the multifaceted realm of performers' rights
issues in the digital age, examining the impact of technological advancements
on the protection, remuneration, and creative autonomy of artists.
The
digital revolution has transformed the way we consume and distribute content,
profoundly affecting the livelihoods of performers across various mediums. One
primary concern is the complex web of copyright and intellectual property
rights in the digital space. As performers increasingly rely on digital
platforms to showcase their talents, questions surrounding ownership,
licensing, and fair compensation have become paramount. This paper aims to
dissect these issues, shedding light on the intricate balance between the
interests of performers and the demands of the digital ecosystem.
The advent
of streaming services and online platforms has revolutionized the entertainment
industry, providing new avenues for exposure and revenue. However, this shift
has brought about a host of challenges, including the fair distribution of
royalties. Performers often grapple with inadequate compensation models, and
this abstract explores the various approaches taken by the industry and
policymakers to address this imbalance. From collective bargaining agreements
to legislative initiatives, the pursuit of fair remuneration for digital
performances is a central theme.
Furthermore,
the digital world has given rise to new forms of artistic expression, such as
virtual performances and interactive media. These innovative formats pose
unique challenges to traditional notions of performers' rights, necessitating a
re-evaluation of legal frameworks and industry practices. This abstract
investigates how performers navigate the evolving landscape of digital creativity,
including issues related to virtual avatars, deepfake technology, and the
blurred lines between live and recorded performances.
In
addition to financial considerations, the abstract delves into the impact of
digital platforms on performers' creative autonomy. The ease of digital
reproduction and manipulation raises concerns about the integrity of artistic
works and the potential for unauthorized use. As performers grapple with issues
of consent, authenticity, and control over their digital personas, this
abstract examines the legal and ethical dimensions of safeguarding performers'
rights in the digital realm.
To provide
a comprehensive analysis, the abstract incorporates case studies, industry
perspectives, and legal frameworks . By exploring the diverse challenges and
solutions that have emerged in response to performers' rights issues in the
digital world, this abstract aims to contribute to a nuanced understanding of
the evolving dynamics between technology, entertainment, and the rights of
those who bring performances to life.
Keywords:
Performer, copyright, digital revolution, intellectual property rights,
licensing
INTRODUCTION
Producers
and performers of creative works could monetise the showing or viewing of performances
effectively by selling tickets at the venues. In the last several decades, with
the advent of the internet and digital technologies, the field of copyright and
related rights has expanded enormously. At the same time, the possibility of
making digital manipulation of performances or unauthorised copies of live
performances has also been easier which raises new questions concerning
copyright.
The
copyright protection for performers, producers of phonograms and for
broadcasting organisations was recognised for the first time in 1961 under The
Rome Convention. Later on, coming into being in 1995, the Agreement on
Trade Related Aspects of Intellectual Property (TRIPS Agreement), contained
provisions on the protection of "related rights" – rights of
performers, producers of sound recordings, broadcasting organisations.
According to TRIPS Agreement, the performers and producers enjoy their rights
until fifty years and broadcasting organisations until twenty years.In order to
shape new standards for copyright protection in cyberspace, the World
Intellectual Property Organization (WIPO) adopted two treaties in 1996, namely
– the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms
Treaty (WPPT) – known together as the "Internet Treaties".[3]
In addition to creating new online rights, these treaties have clarified the
content of existing rights under the Rome Convention and TRIPS Agreement.
Performers and producers have the right to enjoy and exercise the rights
provided for in the WPPT without any formality for a term not less than 50
years. Under the WPPT, performers enjoy two types of rights, namely – economic
rights and moral rights. In respect of performances fixed in phonograms (not in
audiovisual fixations, such as motion pictures) economic rights include the
right of reproduction, distribution, rental, and making available.While with regard to
unfixed (live) performances, the performers' economic rights include the right
of – broadcasting, communication to the public (except where the performance is
a broadcast performance) and fixation. The moral rights include the right to
claim to be identified as the performer and the right to object to any
distortion or modification that would be prejudicial to the performer's
reputation. As far as producers of phonograms are concerned, the WPPT grants
them economic rights in their phonograms that include the right of –
reproduction, distribution, rental, and making available.In addition to that, a
single equitable remuneration must be paid by the user to the performers or to
the producers of the phonograms, or to both if a phonogram published for
commercial purposes gives rise to secondary uses – broadcasting or
communication to the public in any form.Most importantly, the treaties ensure
that the owners of those rights will continue to be adequately and effectively
protected when their works are disseminated through new technologies and
communications systems such as the Internet.In order to facilitate the
protection of innovative and creative works, the contribution of intellectual property
(IP) in development of the country cannot be ignored. To address the challenges
posed by today's digital technologies, in particular the dissemination of
protected material over digital networks, the government should undertake a
comprehensive review of IP legal regime and needs to take every measure
including signing of the relevant WIPO IP rights encourage fair competition and
foster social, cultural and economic development of a country. The broad
development vision and goals articulated in national and sectoral development
plans, policies and strategies of the country can effectively be met using IP
rights. The right-holders should be aware of their IP rights and the government
is required to promote increased awareness and knowledge about IP among the
people of the country.
PROTECTION
UNDER THE INDIAN COPYRIGHT ACT, 1957
Rights under Indian Copyright Act
The Exclusive rights of Performers are given
under Section 38-A of the Indian Copyright Act 1957[4].
1) Right to broadcast a performance
The performer has the right to exclude
others from broadcasting their live performance. Once a live performance is
delivered by a performer, he can permit the third party to broadcast his live
performance. If there has been a broadcast by the third party without the
permission of the performer, the performer can sue the third party for
infringing his copyright. However, there’s an exception to the present rule. If
the live performance is towards cinematograph film, all the rights will vest
with the producer of the cinematographic film and therefore the performer’s
right is absent. But if the third party used the live performance for other
purposes apart from such film for commercial exploitation, the performers can
claim royalties for the same.
2) Right to produce a sound recording or a visual
recording of the performance
The performer has the right to reproduce a
sound or a visual recording in the form of copies, commercially renting the
copies or uploading the sound or visual recording on a public platform. Thus, a
performer can also become the producer of the sound or visual recording and
thereby can enjoy the right of the producer. However, for the enjoyment of such
rights, the performer must have the prior consent of the individual copyright
owner like the lyricist and music composer and should also possess a
certificate related to the sound or visual recording by the competent
authority.
3) Right to make a sound or a visual recording
A performer has the right to create a visual
or sound recording and he can grant a third party a right to record the
performance. However, the third party doesn’t have any right to use the visual
or sound recording for any other purpose, especially for monetary gains. However,
if a prior valid written consent of the performer is obtained in the form of
agreement for integration in a cinematograph film, the producer of the
cinematograph film will have all the rights.
4) Right to communicate the work through different
mediums that may not include broadcasting.
A performer has the right to communicate
their work to the general public through various mediums which may include
wireless mediums like social media or overthe top (OTT) platforms and any other
mediums that include wires to broadcast performances.
Moral rights vested with the
performer
Section 38-B of the Indian Copyright Act
1957 mentions some moral rights that are available to the performers. The
performer has the moral right to claim to be identified as the performer even
when he has assigned the performance to a third party[9].
Also, if the performance is in any way distorted or mutilated in such a way
that could potentially damage the reputation of the performer, the performer
has the right to restrain or claim damages from such party that has made the
modification in question[10].
It is to be noted that if a producer of the
cinematographic film removes any portion of the performance for the sole
purpose of editing, or for the purpose of incorporating the recording within a
limited time duration, or any other modification that is made solely due to
some technical reasons, under such circumstances rights of the performers are
not violated.
ISSUES IN
THE DIGITAL WORLD
Streaming
Services and Fair Compensation
The rise of streaming platforms has
revolutionized how we consume audio-visual content. While these platforms offer
unprecedented reach, they also raise concerns about fair compensation for
performers. Subscription-based models and ad-supported services often leave
performers grappling with questions about the equitable distribution of
revenue.
One major
challenge lies in negotiating fair licensing agreements between performers and
streaming platforms. Performers, along with their unions and representatives,
advocate for better revenue-sharing models to ensure that the digital boom
translates into just compensation for their creative contributions.
User-Generated Content and Copyright
Challenges
The explosive growth of user-generated content
on platforms like YouTube, TikTok, and Instagram has created a complex
landscape for audio-visual performers. While these platforms provide exposure,
they also raise questions about copyright, fair use, and compensation.
Performers
frequently face the dilemma of having their works featured in user-generated
content without proper authorization. Striking a balance between protecting
performers' rights and fostering creative expression in the digital age remains
an ongoing challenge. Developing effective content identification systems and
transparent revenue-sharing mechanisms becomes crucial in addressing these
concerns.
Digital Piracy and Unauthorized Distribution
Digital
technology's ability to effortlessly duplicate and disseminate content raises
serious concerns about piracy. Audio-visual performers often find their works
distributed without proper authorization, leading to financial losses and
undermining the value of their creative endeavors. Implementing robust
anti-piracy measures, while respecting consumers' rights, becomes imperative.
Striking this delicate balance involves technological advancements, legal
frameworks, and public awareness campaigns to combat digital piracy and protect
performers' intellectual property.
Emerging
Technologies
As we step
into the realms of virtual reality (VR), augmented reality (AR), and artificial
intelligence (AI), audio-visual performers face new frontiers of challenges and
opportunities. The advent of AI-generated content raises questions about ownership,
attribution, and the role of performers in creations facilitated by these
technologies.Ensuring that performers maintain control over their likeness,
voice, and performances in these emerging spaces requires proactive engagement
with technology developers, policymakers, and legal experts.
RISE OF
VIRTUAL PLATFORMS
In the
not-so-distant past, the pulsating energy of live performances in theaters,
concert halls, and arenas was the heartbeat of entertainment. However, the dawn
of the digital era has ushered in a transformative shift, redefining the very
essence of performance and how audiences engage with their favorite artists.
This seismic change brings forth a multitude of opportunities, challenges, and
a dynamic reimagining of the performing arts landscape.
The digital era has obliterated geographical
constraints, allowing performers to transcend physical boundaries and reach
global audiences instantaneously. Virtual performances, live-streamed concerts,
and online events have become the norm, democratizing access to art and
enabling performers to connect with fans worldwide without the limitations of
venue capacities or tour schedules.
Digital platforms such as YouTube, Twitch, and
social media platforms like snapchat and Instagram Live have emerged as powerful stages
for performers of all kinds. From musicians to comedians, dancers to
storytellers, these platforms provide an accessible space for artists to
showcase their talents and build communities without the need for a physical
stage.
One of the
notable shifts in the digital era is the heightened interactivity between
performers and their audiences. Live chats, Q&A sessions, and real-time
feedback create an immersive experience, fostering a sense of intimacy that
extends beyond what traditional live performances can offer.
Despite the digital era's numerous advantages,
artists face the challenge of establishing authentic connections with their
audiences through screens. The palpable energy of a live crowd, the shared
experience of being in the same physical space, remains a unique aspect that
digital performances strive to replicate.[5]
Digital platforms have redefined collaboration among artists, allowing for
cross-genre and cross-cultural partnerships that might not have been feasible
in a strictly live performance context. Virtual collaborations enable artists
from diverse backgrounds to create unique, boundary-defying performances that
resonate globally.
The digital shift brings with it the ability
to archive and preserve performances for posterity. Digital recordings,
live-streamed events, and on-demand access ensure that performances can be
revisited and enjoyed long after the curtain falls or the final note fades.
The shift
from live performances to digital experiences marks a transformative chapter in
the history of the performing arts. While challenges exist, the digital era
opens up a vast realm of possibilities for performers to innovate, connect, and
redefine the ways in which their art is experienced. As the boundaries between
the physical and digital continue to blur, the performing arts are poised for
an exciting and dynamic future where creativity knows no bounds.
PERFORMER’S
CHALLENGES IN DIGITAL PLATFORMS : AN ANALYSIS
In the
fast-paced world of social media, platforms like TikTok and Instagram have
emerged as influential forces, transforming the landscape for performers of all
kinds. While these platforms offer unprecedented visibility and opportunities,
they also bring forth a unique set of challenges that performers must navigate
to thrive in this digital era. the fundamental failure of Indian performer
protection regime is that it looks to copyright laws to protect performers
right- a system that is conceptually incapable of protecting all performer’s
rights.[6]
TikTok and
Instagram have revolutionized how performers gain exposure, allowing them to
reach audiences on a global scale. However, the pursuit of visibility often
comes with the risk of exploitation. As performers showcase their talents,
there is a delicate balance between gaining exposure and the potential for
their work to be used without proper compensation or credit. Performers must
grapple with issues related to the fair use of their content on these
platforms, especially as trends and challenges go viral, leading to an
explosion of user-generated content that may feature or replicate their
performances.
Monetizing
talent on platforms like TikTok and Instagram can be a challenging endeavor for
performers. While these platforms offer influencers and creators various
avenues for income, such as brand partnerships and sponsored content, the
revenue-sharing models are not always transparent or consistent. Performers may
face difficulties in converting their online popularity into sustainable income
streams, with questions arising about fair compensation for the cultural value
they bring to these platforms. The nature of user-generated content on TikTok
and Instagram raises significant copyright and intellectual property concerns
for performers. The viral nature of challenges and trends often means that
original performances can be replicated and disseminated widely without the
performer's consent. Navigating the intricacies of copyright infringement and
protecting intellectual property becomes crucial for performers seeking to
maintain control over their creations in an environment where content can
quickly go from niche to mainstream. The algorithms that govern content
discovery on Instagram and TikTok often prioritize trends and popular content,
potentially overshadowing original creations. While the pursuit of virality can
lead to increased visibility, it may also marginalize original content that
doesn't conform to prevailing trends. Original content creators find themselves
grappling with the challenge of standing out in an environment that often
favors content that quickly captures widespread attention, potentially stifling
the diversity of creative expression. The viral nature of content on Instagram
and TikTok can lead to the rapid spread of trends and challenges.
Unfortunately, this often results in the appropriation of original work without
proper attribution or credit. Content creators frequently face the frustration
of seeing their unique ideas replicated and disseminated without
acknowledgment. Addressing issues of appropriation and uncredited use becomes
crucial for fostering a culture that values and respects the intellectual
property of original content creators.
While both
Instagram and TikTok offer opportunities for content creators to monetize their
work through brand partnerships and sponsored content, the pathway to
sustainable income can be elusive. Monetization structures may favor
influencers and popular trends, leaving original content creators with fewer
opportunities to generate income. Finding a balance between artistic integrity
and financial sustainability becomes a significant concern for creators who
strive to maintain authenticity while navigating the evolving landscape of
digital monetization.
The
algorithms powering content discovery on these platforms have faced scrutiny
for potential biases, which can affect the visibility of content from creators
of diverse backgrounds. Original content that deviates from the mainstream or
challenges stereotypes may struggle to gain traction due to algorithmic biases.
Addressing
algorithmic bias is crucial for promoting diversity and ensuring that original
content creators from all walks of life have an equal opportunity to be seen
and appreciated.
While
Instagram has a strict policy against users posting copyrighted content on
their accounts, the introduction of Reels has caused a confusion due to the
copyrighted audio provided in its library. A commonly asked question is whether
use of these audio clips even for 15-30 seconds results in an infringement? And
the answer is Yes. Any copyrighted content being released in the public will be
considered as an infringement with a caveat that such publication is done
without the consent of the work’s owner. Instagram has entered into various
agreements with the music industry which allows them to post copyrighted audios
without infringing the owner’s rights. While the details of such agreements are
confidential and not publicly available, in a post by
Instagram, the organization had clarified that the built-in
library of the reels which permit creation of short-form content is allowed and
entirely legal. But it is essential that the Reels’ audio is posted
accompanying a visual component. Fulfilment of this requirement is essential as
per the organization’s agreements with the rights holders.
While
the audio used in Reels does not violate the copyright laws, the visual component
of the same is also questioned. Social media trends are known to be notorious
for triggering a herd mentality and Instagram reels is a prime example. With
the popularization of reels, an accompanying social trend which has gathered
fame displays a reenacted choreography to a specific audio. Users, in this
case, perform and post a short 15-30 seconds choreography which has already
been performed and posted by a social media influencer or any artist on the
platform. This raises the concern of copyright infringement of the dance
choreography.
While
this issue has not been widely raised, the copyrighting of dance moves being
used in a social media trend is not unprecedented anymore in countries like
USA.
In April 2016,
Facebook introduced Facebook Live, which allows users to broadcast live video
recordings, effectively granting the everyman a TV camera in their PCs and
phones. Many other platforms, from YouTube to Instagram, have picked up this
functionality as well.
With the increased ease of livestreaming, businesses now have a new way of marketing which allows direct engagement with their audience.[7] Many business owners can livestream promotional activities or events from their premises.
What many people do not realise is that “copyright” is actually a bundle of different exclusive rights, including the right to reproduce a work, to perform a work and, crucially in this case, to communicate a work to the public. The right of communication to the public is defined in the Copyright Act 1987 as “the transmission of a work or performance through wire or wireless means to the public, including the making available of a work or performance to the public in such a way that members of the public may access the work or performance from a place and at a time individually chosen by them”., livestreaming would likely fall within the act of “communication to the public”.
With the increased ease of livestreaming, businesses now have a new way of marketing which allows direct engagement with their audience.[7] Many business owners can livestream promotional activities or events from their premises.
What many people do not realise is that “copyright” is actually a bundle of different exclusive rights, including the right to reproduce a work, to perform a work and, crucially in this case, to communicate a work to the public. The right of communication to the public is defined in the Copyright Act 1987 as “the transmission of a work or performance through wire or wireless means to the public, including the making available of a work or performance to the public in such a way that members of the public may access the work or performance from a place and at a time individually chosen by them”., livestreaming would likely fall within the act of “communication to the public”.
TikTok’s almost open-source content-sharing
design means that those who create the viral dances are not necessarily the
ones who benefit from the dance’s success. As a result of these technological
features, as well as the newness of the platform, norms—particularly around
credit—are still being established.
CASE STUDY
1) KEARA WILSON
Keira Wilson, the 21-year-old who
first shot to popularity with her choreography on Megan Thee Stallion's Savage on TikTok, has become a full-time digital
creator who mainly showcases her dancing talent on social media. As per the
Mansfield, Ohio native's Instagram bio, she has over 3 million followers on
TikTok. Dancing With Myself is NBC’s new reality TV show
where participants (mostly digital content creators) come to showcase their
dancing talent in their respective pods to a live audience and a judge’s panel.
In the premiere episode, the winner
was Tyra Polke, a 16-year-old student, while the latest
episode’s champion was Keara Wilson, aka Keke. In
2020, TikTok blew up with clips of people doing a routine to Megan Thee
Stallion's hit song Savage. The creator
of that routine was Keara “Keke” Wilson. It went viral in no time as millions
of TikTok users started making reels trying out the moves on social media. They
were joined by several celebrities like Jennifer Lopez, Keke Palmer, and the
singer Megan Thee Stallion herself. Due to
such widespread fame, the creator filed for registration of her copyright in
the “savage” dance choreography by documenting the dance steps with symbols and
labanotation. This puts Keara Wilson in a position to claim proper credit as
well as payment for the use of her choreography on any public platform as well
as a right to legal action in case of infringement. She was granted with
copyright over her dance routine thereby restricting others to use her
choreography without proper approval and credit.
2)
JALAIAH HARMON
Jalaiah Harmon, the creator of the
“Renegade” dance as aforementioned, faced challenges in seeking credit for her
choreography lie partly in the way TikTok is set up. For viewers, it is very
difficult to determine whose video came first on the platform; the feed is not
chronological, timestamps are not included with videos, and hashtags are sorted
by popularity, not time. That means that if someone with more followers steals
your dance, it is likely theirs will be the one that goes viral. She filed an
application for a copyright over her dance and was granted with the same.
Thereby she protected her right as a performer as she could prevent others from
using the same dance and disseminating through digital platforms.
INDIA'S PERFORMERS' RIGHTS: AN
OVERVIEW AND HIGHLIGHTS
While a performer gains rights in
their performance during the act itself, under the foundation of performer
protection in Indian law, these rights cease to exist once any form of
recording, broadcasting, or communication of the performance occurs with the
performer's permission. All rights then transfer to the owner/author/director
of the recording, broadcast, or communication. No performance can however
be recorded, broadcasted or
communicated without the performer’s consent[8]. Furthermore, a performance
recording cannot be reproduced without the performer's consent or for purposes
other than those initially agreed upon. These rights are valid for fifty years;
however, if a performer agrees to incorporate their performance into a film,
these protections do not apply to them.
Upon closer examination of these
provisions, it becomes apparent that performers' rights in India receive
limited protection. The economic rights of performers in their performances are
safeguarded only until the performance is fixed. Performers in
scripted fixed works have no rights over their performances,[9] nor do actors in scripted
unfixed works, or in unscripted fixed works.[10]
There has been a lack of legal action
on this matter, preventing the judiciary from addressing the gaps. The initial
litigation on performers' rights in Indian courts dates back to 1979 when
Sections 38 and 39 were not yet part of the Copyright Act. In a specific case,
the Supreme Court ruled that an actor had no entitlement to their performance
in a film, as such performances were not covered by the five categories of
artistic work outlined in the Copyright Act.[11]
After the incorporation of Sections 38 and 39 in 2003, the Delhi High Court
decided the Super Cassettes Industries v Bathla Cassette Industries case[12].
This ruling clarified that performers' rights were distinct from copyright and
emphasized that re-recording a song without permission from the original
performer constituted an infringement of performers' rights. This decision
marked a significant advancement in establishing jurisprudence for performer
protection in India. Since then, no noteworthy cases related to performers'
rights have been adjudicated by the higher judiciary in India.
SUGGESTIONS
To effectively address
the challenges surrounding performers' rights in the digital landscape, a
holistic strategy is recommended, involving collaboration among industry
stakeholders, legal reforms, technological advancements, and awareness
initiatives. Advocacy for updated legislation explicitly tailored to address
performers' rights in the digital realm is crucial, ensuring that laws keep
pace with technological advancements and provide transparent frameworks for
digital performances, streaming, and online distribution. The development of fair
compensation models is imperative, incorporating industry-wide standards to
guarantee equitable remuneration for performers across various digital
contributions, including streaming revenues, virtual performances, and
interactive media. Empowering performers through collective bargaining
agreements and collaborative initiatives, such as the formation of industry
alliances and unions, facilitates fair negotiations with digital platforms.
Exploration of blockchain technology to establish transparent and immutable
records of ownership ensures performers receive their fair share of revenues
from digital works. Implementing digital watermarking and robust rights
management systems adds a layer of protection, granting performers greater
control over their digital content. Education campaigns are essential, raising
performers' awareness about their rights in the digital domain and equipping
them with knowledge to navigate contracts, licensing agreements, and the
implications of various digital platforms on their intellectual property.
Encouraging the development of standardized licensing agreements for digital
performances, characterized by fairness, transparency, and clarity, establishes
a cohesive framework for usage and compensation. Facilitating international collaboration
aims to harmonize performers' rights protection globally, fostering consistent
and equitable standards across borders. Embracing emerging technologies like
artificial intelligence and machine learning for monitoring and enforcing
performers' rights in the digital space aids in identifying unauthorized use,
tracking digital performances, and ensuring compliance with licensing
agreements. Support for advocacy efforts and engagement in lobbying activities
are essential to influence policymakers and industry stakeholders in favor of
strengthened legal protections for performers in the continually evolving
digital era. By amalgamating legal, technological, and educational strategies,
stakeholders can collectively overcome performers' rights challenges in the
digital world, creating an environment that is both equitable and sustainable
for artists in the digital age.
Proposed to enhance the
monetization policies of digital platforms, particularly in addressing
performers' rights issues, are several key suggestions. Firstly, the
recommendation calls for the establishment of a fair and equitable
revenue-sharing model, taking into account the specific contributions of
performers. This involves the development of transparent guidelines that unequivocally
delineate the distribution of revenue generated from digital performances, with
due recognition given to the distinct roles played by performers in the
creative process.
Additionally, the
proposal advocates for the introduction of performance metrics that expressly
recognize and reward the creative endeavors of performers. These metrics may
include aspects such as viewer engagement during live performances, audience
interaction, and the duration of viewer engagement with the performance. The acknowledgment
of these elements is seen as a crucial factor in achieving a more nuanced
evaluation of a performer's impact on the platform.
Furthermore, the
suggestion includes facilitating direct fan contributions to performers through
features like virtual tips, gifts, or donations during live performances. This
not only empowers audiences to directly support their favorite performers but
also fosters a direct and meaningful connection between creators and their fan
base, while simultaneously creating an additional revenue stream.
To address the diverse
nature of performances, the proposal recommends implementing flexible
monetization criteria. Recognizing that various content types, such as live
performances, virtual concerts, or interactive sessions, may necessitate unique
eligibility and monetization criteria, this flexibility ensures that performers
can monetize their content in ways that align with their specific creative
pursuits. Providing performers with the option to enter into specialized
contracts and agreements tailored to address the unique aspects of their
digital performances is vital. These agreements may cover issues such as
licensing, royalties, and the use of virtual avatars or deepfake technologies,
ensuring that performers possess a clear understanding of how their content
will be utilized on the platform. Furthermore, the suggestions involves the
development of educational resources specifically tailored to performers,
offering guidance on navigating the complexities of digital contracts,
licensing agreements, and intellectual property rights. This empowerment
through knowledge aims to enable performers to make informed decisions about
their digital presence and monetization strategies. To foster a collaborative
approach to policy refinement, the establishment of regular consultation and
feedback sessions with performers would be beneficial. These sessions would
actively seek input on potential improvements, challenges faced, and emerging
trends in the digital performance space, enhancing the platform's
responsiveness to performers' experiences. Lastly, the importance of increasing
transparency in the platform's algorithmic processes that influence content
visibility and monetization eligibility is important. Clear communication
regarding how algorithms evaluate and prioritize performances is deemed
essential to ensure performers understand the factors contributing to their
digital success and revenue generation.
By integrating these
suggestions into the monetization policies of digital platforms like YouTube,
there is a notable opportunity to cultivate a more performer-friendly
environment. This approach not only acknowledges the creative contributions of
performers but also safeguards their rights, fostering a sustainable and
mutually beneficial relationship between performers and the platform.
CONCLUSION
This research paper has delved into
the intricate and evolving landscape of performers' rights issues in the
digital world. As technology continues to reshape the way we create, distribute,
and consume content, performers find themselves at the intersection of artistic
expression and digital commerce, facing unique challenges and opportunities.
The multifaceted approach proposed in this study emphasizes the need for
collaboration among industry stakeholders, legislative reforms, technological
innovations, and educational initiatives to address the complex issues
surrounding performers' rights.
Legislative reforms emerge as a
cornerstone, urging the advocacy for updated and robust legal frameworks that
explicitly consider the nuances of digital performances, streaming, and online
distribution. Fair compensation models are imperative, with industry-wide
standards playing a pivotal role in ensuring performers receive equitable
remuneration for their diverse contributions to the digital landscape.
Empowering performers through collective bargaining and collaborative efforts,
coupled with the exploration of technologies like blockchain and digital
watermarking, provides tangible solutions to enhance ownership, transparency,
and protection against unauthorized use.
Education and awareness programs
emerge as crucial tools in equipping performers with the knowledge to navigate
the intricacies of digital contracts and licensing agreements. The call for
standardized licensing agreements promotes fairness, transparency, and clarity,
offering a structured approach to the use and compensation of performers' works
in the digital domain. International collaboration is essential to harmonize
rights protection globally, while the adoption of emerging technologies like
artificial intelligence contributes to the monitoring and enforcement of
performers' rights in the digital space.
As the digital era unfolds, the
challenges discussed in this paper underscore the importance of continuous
adaptation and proactive measures. The collective efforts proposed here aim not
only to overcome current challenges but also to establish a foundation for a
more equitable and sustainable environment for performers in the digital age.
By synergizing legal, technological, and educational strategies, stakeholders
can pave the way for a future where performers' rights are respected,
protected, and thriving in the dynamic digital landscape. The journey towards a
harmonized and empowered digital space for performers demands ongoing
commitment, cooperation, and a shared vision for the preservation and
advancement of artistic expression in the 21st century.
[1] Author is an LLM student in Christ
deemed to be University, Bangalore
[2] Author is an associate professor
of law in Christ deemed to be University, Bangalore
[3] Copyright and the Digital Media:
Perspective and Challenges in the New Legal Regime in India : C. P. Dayananda Murthy
[5] Copyright for performers—an
obligation under international law
Irina
Eidsvold-Tøien, Are Stenvik
[6] Protecting performers rights :
does india need law reform, Sanhitha Ambast
[8] Section 38(3),
Indian Copyright Act, 1957.
[9] This means
if another performer sings in the distinctive style of an existing
singer, or imitates
an actor’s distinctive mannerisms; the original performers have no recourse in law to protect their rights even though all
these styles, persona, mannerisms and
acting techniques are their creative product
and labour.
[10] For an
example of the former, if a theatre performs a scripted play in a specific way, he is not protected against people imitating his style in other stage
performances. If a musician plays an
instrument in a unique way that produces a unique sound, the style is not protected, only the musical tune and recording.
Article Information
NAVIGATING PERFORMERS RIGHTS ISSUES IN THE DIGITAL WORLD
Authors: ARYA ANIL, DR ARADHANA SATISH NAIR
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/19
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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