Section 38B explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 38B gives a performer two personal rights in his performance: to be identified as the performer, and to restrain or claim damages for distortion, mutilation or other modification that would harm his reputation. These rights stay with the performer even after he has assigned his economic rights. For a dispute about credit or editing, a legal consultation can help you read the contract against this section.
The performer has the right (a) to claim to be identified as the performer, except where omission is dictated by the manner of use, and (b) to restrain or claim damage for any distortion, mutilation or other modification prejudicial to his reputation. These rights exist "independently of his right after assignment, either wholly or partially". Cutting a portion for editing or time, or a modification required for purely technical reasons, is not deemed prejudicial.
What the section says
"The performer of a performance shall, independently of his right after assignment, either wholly or partially of his right, have the right,—"
The words "independently of his right after assignment" mean the moral rights do not depend on who owns the economic rights. A performer who has assigned the right to a label or producer still holds these two rights. The text itself was inserted by the Copyright (Amendment) Act, 2012, as the footnote states (w.e.f. 21-6-2012).
| Clause | Right | Limit stated in the text |
|---|---|---|
| (a) | To claim to be identified as the performer of his performance | Except where omission is dictated by the manner of the use of the performance |
| (b) | To restrain or claim damage in respect of any distortion, mutilation or other modification of his performance | Only where it would be prejudicial to his reputation |
The Explanation
"For the purposes of this clause, it is hereby clarified that mere removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer's reputation."
Drafting note: the Explanation says "this clause", but it sits after both clauses and is naturally read as applying to the distortion right in clause (b). Check the official text.
Three situations are therefore outside clause (b) by deeming:
- Mere removal of a portion for editing.
- Mere removal to fit the recording within a limited duration.
- Any other modification required for purely technical reasons.
The word "mere" matters: the Explanation covers plain removal or technical change, not a change that alters what the performer is seen or heard to do.
Example. Anjali Verma sings on a track that her label later shortens from five minutes to three minutes for radio. This is removal to fit a limited duration, and is deemed not prejudicial. If the label instead rearranges her voice so that the lyric appears to say something she never sang, clause (b) is in point if it would be prejudicial to her reputation.
Example on identification. A television broadcast shows credits only at the end of the programme. If the manner of use of a short clip makes naming the performer impractical, clause (a) allows the omission; where nothing dictates it, the performer may claim identification.
How this links to the rest of Chapter VIII
- The economic exclusive rights are in section 38A.
- The exceptions to infringement are in section 39, and section 39A applies certain provisions of the Act to performer's rights. Section 39A lists sections 18, 19, 30, 30A and others, but it does not list section 57 (the author's special rights); for that section see section 57.
- The remedy of damages or restraint under clause (b) is sought through the civil route described in sections 54-55.
Practical points
| If you are | Check |
|---|---|
| A performer | Whether the contract credits you and whether it lets the producer alter the performance |
| A producer or label | That editing is limited to the Explanation's cases, or that the performer has agreed to the change |
| A platform | Whether the manner of use (for example a short clip) makes credit impracticable |
The section does not set a time limit for these rights, a form for claiming them, or an amount of damages. The text is silent on all three.
Need help with a credit or editing dispute?
If a recording has dropped your name or altered your performance, our legal consultation team can map the facts to clauses (a) and (b) and advise on the next step.
Key takeaways
- Two moral rights: identification and protection against prejudicial distortion.
- They exist independently of any assignment of the performer's rights.
- Omission of credit is allowed only where the manner of use dictates it.
- Editing for length or technical reasons is deemed not prejudicial.
- The section sets no time limit, form or damages amount.
Read next
- Sections 38–38A: performer's right and exclusive rights
- Sections 39–39A: acts not infringing broadcast or performer's rights
- Section 57: author's special rights
- Performing rights and broadcasting rights under copyright
Disclaimer: Based on the Copyright Act, 1957 as amended up to 2012, read with the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Acts of 2023 and 2026, as consulted on 1 October 2026. Forms, fees and procedure are set by the Copyright Rules, 2013 as amended from time to time. This article is general information, not legal advice; check the official text before acting.