Performer’s Rights In Cyberspace: Legal Challenges And Protection In The U.S. And India
- IJLLR Journal
- Mar 2
- 1 min read
Ruchi Shahi, The ICFAI University Dehradun
ABSTRACT
Performer’s rights, encompassing the protection of artists, musicians, actors, and other performers over their live and recorded performances, have been recognized internationally to safeguard the economic and moral interests of performers. However, the advent of the digital age and the growth of cyberspace have significantly transformed the way performances are created, distributed, and consumed, leading to new legal and technological challenges. The rise of unauthorized streaming platforms, digital piracy, and emerging technologies like artificial intelligence (AI) and deepfake technology has created complex issues in maintaining performers’ control over their content. In cyberspace, performances are easily reproduced, modified, and distributed without the performer’s consent, eroding traditional legal safeguards and posing a threat to performers’ intellectual property rights.This article examines how performer’s rights are protected in both the U.S. and India, identifying key challenges in cyberspace such as jurisdictional issues, digital piracy, and the circumvention of Digital Rights Management (DRM) technologies. It further explores the adequacy of existing legal protections and suggests necessary reforms, including international cooperation, technological integration, and enhanced legislative measures. The analysis highlights the urgent need for updated legal frameworks to ensure performers' rights are adequately protected in the evolving digital landscape, fostering a balanced ecosystem that respects performers’ creative contributions while embracing technological innovation.
Keywords: Performer’s Rights, Copyright Act, Digital Millennium Copyright Act (DMCA), Moral Rights, Digital Piracy, Deepfake Technology, Cross-Border Jurisdiction
