Copyright Law: Chef As A Performer Under The Copyright Act, 1957

Swapnil Jagannath, Dr Ram Manohar Lohia National Law University Lucknow

Introduction

The present project deals with the scope of extension of copyright right by considering ‘Chef’ as performers. Performers have in present time been provided considerable protection under the copyright regime. Earlier the performers were not given due recognition for their works. Prior to the amendment1, if we consider a musical work, it was only the composers or producers who enjoyed the right under the work. But now, the performer say for a singer in the musical work is entitle to receive royalties if the work is used commercially. Now, considering the impact of Copyright amendment 2012, the scope and ambit of copyright protection has been extended to performers. Therefore, the researcher is trying to determine that is it possible to include chef under the definition of performer under the India copyright act, 1957. Much of the jurisprudence has revolved around the fact that whether food culinary creations can fulfil the criteria of ‘originality’ under the copyright regime and thus chef could be granted author rights.2 But the area has been ambiguous and there has been no uniformity when the question of originality comes in relation to ‘recipe’ and ‘culinary creations’. Therefore, the researcher aims to argue that chef should be recognized as performer within the ambit of neighboring rights. The basis of the claim is that chef is basically doing public performance when they are preparing a dish, recipe or food culinary creations. The performance can be said to be done in a restaurant in front of limited audience, on a television programme or on a radio. Thus, the suitability of definition of ‘performer’ and ‘public performance’ can be satisfied seeing the nature and character of work undertaken by a chef. Further, the project will seek to explore how to monitor distribution of royalties in regard to chef performer rights.