From ‘Dev Anand’ to Digital Clones: A Critical Look at Performers’ Rights in India

Abstract

The paper traces the development of performers' rights in India, beginning with the Indian Singers’ and Musicians’ Rights Association’s (ISAMRA) recent efforts to secure equitable royalties for singers, and moving backwards through key legal and institutional milestones to the landmark Dev Anand case. While there has been progress in recognising performers as rights-holders, these rights remain predominantly governed by contractual arrangements often skewed in favour of producers and labels. The emergence of AI cloning technologies has intensified concerns around consent, misappropriation, and the boundaries between copyright and personality rights, highlighting legal ambiguities and enforcement gaps. The paper concludes that without clearer statutory interpretations, better-defined rights, and updated frameworks to address digital and AI-related threats, performers in India remain vulnerable to exploitation, both creatively and commercially.