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Assertion (A): Once a performer consents to the incorporation of his performance in a cinematograph film by a written agreement, he/she will not objec
Question

Assertion (A): Once a performer consents to the incorporation of his performance in a cinematograph film by a written agreement, he/she will not object to the enjoyment of the performers’ right by the producer in the same film.​
Reason (R): The performer is entitled to royalties in case the producer of the film makes use of the performance for commercial use.​
Choose the most appropriate answer:

A.

Both (A) and (R) are correct and (R) is the correct explanation of (A)

B.

Both (A) and (R) are correct but (R) is NOT the correct explanation of (A)

C.

(A) is correct but (R) is not correct

D.

(A) is not correct but (R) is correct

Correct option is B

Under the Copyright Act, 1957 (as amended), specifically Section 38A and Section 38B, once a performer gives consent through a written agreement for the incorporation of their performance in a cinematograph film, the producer of the film gains performers' rights, subject to royalty provisions.

The 2021 amendments and the Copyright (Amendment) Act, 2012 further reinforced the performer's right to receive royalties. Section 38A(2) clearly states that even after assignment, the performer retains the right to receive royalties for commercial exploitation (such as broadcasting or streaming).

Thus, once consent is given in writing, the performer cannot object to the usage of the performance, and the producer holds the right, but this right is subject to payment of royalties to the performer for commercial uses.

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