Right To Perform In Public.
1. Meaning of the Right to Perform in Public
The Right to Perform in Public is an exclusive economic right granted to the copyright owner. It allows the owner to:
Perform the work in public, or
Communicate the work to the public,
and to authorize or prohibit others from doing so.
This right mainly applies to:
Literary works (e.g., scripts, lectures)
Dramatic works (plays, choreography)
Musical works
Cinematograph films and sound recordings (through communication to the public)
2. Statutory Basis (India)
Section 14, Copyright Act, 1957
Under Section 14(a)(iii):
In the case of literary, dramatic or musical works, copyright includes the right to perform the work in public or communicate it to the public.
Under Section 14(e)(iii):
For cinematograph films, it includes the right to communicate the film to the public.
Section 2(ff) – “Communication to the Public”
Defined as:
Making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means, including display or diffusion.
3. What Constitutes “Public Performance”?
A performance is public when:
It is not confined to a domestic or private circle
It is accessible to members of the public, even if payment is required
The audience need not be large; potential access is sufficient
CASE LAWS (DETAILED ANALYSIS)
Case 1: Indian Performing Rights Society Ltd. v. Sanjay Dalia (2015)
Facts:
The defendant ran cinema halls where copyrighted musical works were performed publicly.
IPRS, a copyright society, claimed that public performance of music without a license amounted to infringement.
Issue:
Whether playing copyrighted music in public places requires authorization from the copyright holder.
Held:
Yes, public performance of musical works requires prior authorization.
Even if the performance is incidental to another business (cinema exhibition), it is still a public performance.
Legal Principle:
The right to perform in public is independent and exclusive.
Commercial exploitation without permission is infringement.
Significance:
This case reinforced the mandatory licensing requirement for public performance.
Case 2: Indian Performing Rights Society Ltd. v. Eastern India Motion Pictures Association (1977)
Facts:
Film producers claimed that once a musical work is incorporated into a film, the composer loses the right to public performance.
Issue:
Whether composers retain performance rights after incorporation into a cinematograph film.
Held:
The producer becomes the first owner of copyright in the film.
The composer’s independent right to perform the music publicly is extinguished unless reserved by contract.
Legal Principle:
Contractual arrangements determine ownership and performance rights.
Performance rights can be assigned.
Significance:
This case clarified the relationship between composers, producers, and performance rights.
Case 3: Phonographic Performance Ltd. v. State of Punjab (2012)
Facts:
Hotels and event organizers played recorded music at public events without obtaining licenses from PPL.
Issue:
Whether playing recorded music in hotels and public venues constitutes public performance.
Held:
Playing recorded music in hotels, restaurants, and events amounts to public performance.
Such use requires a valid license.
Legal Principle:
Even indirect enjoyment of music by customers qualifies as public performance.
Profit motive strengthens the claim of infringement.
Significance:
This case expanded the scope of public performance to commercial establishments.
Case 4: Super Cassettes Industries Ltd. v. Nirulas Corner House Pvt. Ltd. (2011)
Facts:
Nirula’s restaurants played music CDs for customer entertainment without a license.
Super Cassettes claimed infringement.
Issue:
Whether playing background music in restaurants amounts to public performance.
Held:
Yes, playing music in a restaurant is communication to the public.
It is irrelevant whether customers came specifically for music.
Legal Principle:
Background music is not exempt from licensing.
Public access, not intent, determines public performance.
Significance:
This case rejected the defense of “incidental use” in public performance claims.
Case 5: Entertainment Network (India) Ltd. v. Super Cassettes Industries Ltd. (2008)
Facts:
Radio stations broadcast copyrighted sound recordings.
Dispute arose over compulsory licensing and performance rights.
Issue:
Whether broadcasting music on radio constitutes public performance.
Held:
Radio broadcasting is a form of communication to the public.
It falls squarely within the right to perform in public.
Legal Principle:
Broadcast = public performance
Performance rights apply even when no physical audience is present.
Significance:
This case modernized the concept of public performance in the context of electronic media.
Case 6: Garware Plastics & Polyester Ltd. v. Telelink (1998)
Facts:
Cable operators retransmitted copyrighted works without authorization.
Issue:
Whether cable transmission amounts to public performance.
Held:
Cable transmission is communication to the public.
Unauthorized retransmission infringes performance rights.
Legal Principle:
Technological neutrality: medium does not affect the nature of performance.
Significance:
This case extended public performance rights to cable and satellite transmission.
4. Exceptions to the Right (Fair Dealing)
Under Section 52, certain acts do not constitute infringement:
Performance during religious ceremonies
Use in educational institutions
Private or domestic performances
However, commercial venues are excluded from these exceptions.
5. Summary of Legal Position
| Aspect | Legal Position |
|---|---|
| Nature of Right | Exclusive economic right |
| Applies to | Literary, dramatic, musical works |
| Public Performance | Includes broadcast, background music, cable |
| License Required | Yes, for commercial use |
| Key Test | Public access, not profit alone |
6. Conclusion
The Right to Perform in Public is a cornerstone of copyright protection. Indian courts have consistently interpreted it broadly, ensuring that authors and copyright holders are compensated whenever their works are enjoyed by the public, whether through live performance, broadcast, background music, or digital transmission.
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