Imagine you are an independent singer-songwriter in Pune. You have just played a high-energy set at a local festival. A month later, you are scrolling through a brand’s Instagram page and you hear it — a clean recording of your live performance being used as the background track for their summer collection ad. You never gave them permission. They certainly did not pay you.
Your first thought might be: “I didn’t even release that song yet — how can I stop them?” Most independent musicians in India know they own their songs. But there is a second, equally powerful layer of protection that most overlook: Performer’s Rights. Even if you did not write the song — perhaps you were doing a cover or playing as a session musician — Indian law protects your specific performance independently of who wrote the underlying composition.
The core answer: You have a separate legal right over how your voice and your playing are used, independent of who wrote the song. According to the FICCI-EY 2026 report, digital media in India crossed INR 1 trillion for the first time in 2025, driven largely by creator-led content. In this environment, your performance is a distinct, valuable asset — and it deserves its own protection.
The Legal Reality: Sections 38, 38A, and 38B
Section 38 of the Copyright Act 1957 establishes the Performer’s Right. Every time you appear in or deliver a performance — live or recorded — you hold a special right over that performance for 50 years.
Section 38A gives you exclusive rights over your performance. You can say yes or no to someone making a recording of it, issuing copies, broadcasting it, or communicating it to the public. The brand that used your festival audio without permission violated Section 38A.
Section 38B gives you moral rights as a performer — the right to be identified as the performer, and the right to object if your performance is distorted or altered in a way that damages your reputation. Even if you have been paid for a recording, these moral rights remain yours.
Performance vs. Composition: The Sync Licensing Reality
When a brand wants to use music in an advertisement — a sync licence — they need to clear two separate rights:
- The publishing: Permission from the songwriter or composer who owns the underlying composition
- The master recording and performance: Permission from the owner of the sound recording under Section 13, and from the performer under Section 38A
If you are an independent artist who writes and performs your own music, you often hold both. But if you collaborate with a producer or sign with a label, they may own the sound recording while you still hold your Performer’s Rights. Never sign a contract that asks you to waive your rights under Section 38 without a clear, written royalty agreement in return.
When your master recordings and session files are permanently recorded on NAK-ID, you have a tamperproof record of your performance. If a label or brand later claims they produced the recording independently, your timestamped record proves exactly when and where your performance was fixed. That is your evidence in a world where rip and reuse is common.
Creator’s Checklist
- Record your sessions before you share them. Before you send a demo to a producer or a label, ensure you have a timestamped record of the raw recording. It proves the performance originated with you.
- Read the Work for Hire clause carefully. This is contract language that treats you like an employee for a specific project, giving the other side default ownership of what you create. If you are a session musician, look for clauses that attempt to strip your Section 38 rights alongside it. Always retain your moral rights — the right to be credited as the performer.
- Demand attribution when it is due. If a brand uses your live recording, they owe you credit under Section 38B. Insist that your name is included in the caption or the credits.
- Specify the scope of any licence. Never give a blanket licence for your performance. State exactly which platforms, which territories, and for how long the licensee can use your voice and playing.
Your IP deserves a paper trail. Register your work on NAK-ID — it’s free to start.
Legal References
- Copyright Act 1957 — Section 13 (sound recordings as protected works), Section 38 (Performer’s Rights), Section 38A (exclusive rights of performers), Section 38B (moral rights of performers)
- FICCI-EY Media & Entertainment Report 2026 — digital media crossed INR 1 trillion in 2025