The term Cinematograph films and Sound Recording Video and Right of its Author


The term Cinematograph films and Sound Recording Video and Right of its Author

Cinematograph film: The word Cinematograph film means any work of visual, sound recording or recording on any medium which is produced through such process from moving images and which also includes sound recording and includes video films.
The producer is considering as the author of Cinematograph films. Artists worked in Cinematograph film and they are not entitled to copyright of that film.
Cinematograph films
Cinematograph films

Cinematograph film meaning: Section 13(1)(b) includes Cinematograph film as eligible for copyright protection. Cinematograph is a film which is estimate through the technical equipment called projector produces the illusion of motion on a screen of many photographs which is taken successfully at the time of long film. The sound track which is associated to make audio and video good in film it is also a part of Cinematograph film. In Tulsidas v. Vasantha Kumar, under Section 13(1)(b) the video film and television also treated as Cinematograph film. As such video film and television are also eligible for copyright protection.


Definition of Cinematograph films under Section 13(10) of the U.K. Copyright Act 1956:-
Section 13(10) of the U.K. Copyright Act 1956 define the term Cinematograph films means any visual works, sound recording or moving images and also includes video films.

Definition of films under Section 5B of the U.K. Act 1988:-

Section 5B of the U.K. Act 1988 define films means sound recording, images moving, visual works on any medium. The sound track is also treated a part of films.

Right of the Author of Cinematograph film-
1.      The Author right is to make a copy of film;
2.      The Author can sell or he can give any copy of film;
3.      The  Author can communicate for his film to public;

In Balwinder Singh v. Delhi Administration
[AIR 1984 Delhi 379]
In this case it was held that video and television are both Cinematograph film.
Right of Performers: The copyright does not protect the right of artistic, actors who are working in a Cinematograph for long periods. The artistic, actor’s performances depend on their individual contract. The Copyright (Amendment) Act, 1994 has given certain special right of to the formers which are known as ‘Performer Right’. Section 2(qq) of the Copyright Act says that ‘Performer’ includes a singer, an actor, musician, acrobat, dancer, juggler, conjurer, person who deliver the lecture is also called a performer; there are certain made an Amendment in 2012, according to the definition of a ‘Performer’ under section 2(qq) means films actors performs in Cinematograph film also called a performer right.
In a Cinematograph film a person who perform in the course of the practice of industry whether casual or incidental shall not be include in performance except clause (b) of the Section 38B.
It is clearly says that performers right will subsist not more than twenty five years from his calendar of performance. It is says that continuance of performance’s right, person cannot do following acts without the performers consent in respect of the performance.

Section 38A
1.      The Section 38A was newly inserted, according to this section the performer can do or he is authorize to do any of the following acts in respect of the performance, they are as follows:-
a.       The performer is authorize to make sound recording or a visual recording of the performance those are includes-
                                                                                i.            To reproduction in any material form which includes storing of its by electronic;
                                                                              ii.            To issue of copies of it to the public, which should not be already in circulation;
                                                                            iii.            To communicate about it to the public;
                                                                            iv.            To sell or giving it to any copy of recording.


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