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5 J. Intell. Prot. Stud. 1 (2021)

handle is hein.journals/jnloitl5 and id is 1 raw text is: Journal of Intellectual Property Studies Vol. V (1), January 2021, pp. 1-16 THE BACKGROUND PERFORMER PARADOX IN INDIA ROHAN CHERIAN THOMAS* ABSTRACT The contributions made by performers such as dubbing artistes and stuntmen are intriguing because they satisfy the qualification of a performance as a form of intellectual property under Section 2(q) of The Copyright Act, 1957 but seem to get excluded with the application of the proviso to Section 2(qq). This paradox originates from the treatment meted out to these performers as people working on a system of wages with the perception that they are not worthy of being credited for their contributions along with a seemingly mischievous addition made by the 2012 amendment to the Act. The industry term for a performer who provides minor contributions such as standing in a crowd is an 'extra' or a junior artiste' or a 'background performer'. The Proviso does not use any of these terms. Instead, it relies on industry practice to interpret a casual performer and exclude him from being a performer under the Act. Considering power equations in the industry, performers face an uphill task for fair treatment. In such a situation, it is important that ambiguities at least do not arise from law. While the Amendment has brought many benefits to the Indian performer such as moral rights and the Right to Receive Royalty', these performers who provide sufficiently original performances are unable to exercise their rights due to the perceptions in the industry. There is a difference between a 'background performer' and a 'casual performer'. This paper seeks to identify the origins of this ambiguous position in The Proviso, analyses its effect on Indian performers and attempts to provide possible solutions. *Rohan Cherian Thomas, Assistant Professor at National Law University Jodhpur. Faculty in charge, Journal of Intellectual Property Studies. The author can be reached at rohanthomas 1988 @gmail.com. 1

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