Performers Rights Regime in the Sri Lankan music

Performers’ Rights Regime in the Sri Lankan music industry: Ten years on By Gowri Nanayakkara Lecturer in Law Canterbury Christ Church University UK

Copyright Law Copyright is that branch of intellectual property law, which “regulates the creation and use that is made of a range of cultural goods such as books, songs, films and computer programmes”- Bentley and Sherman Author as the owner of the work, entitled for various rights under copyright – economic and moral rights

PRR within Copyright Law Intellectual Property Copyright Neighbouring Rights PRR

Performers’ Rights Secondary right to copyright – Authorial supremacy Protection available (generally) for performers of copyright work Available generally for live performances Economic and Moral rights

Rights in a song Song Lyrics Lyricist/Author Music composer/Auth or Performance Singer/Perform er

Sri Lankan PRR Code of Intellectual Property 1978 TRIPS Agreement 1994 Intellectual Property Act 2003

Diffusion of Law “The idea of ‘surface law’ suggests that beneath formal accounts of a given legal order in terms of rules or doctrine there may lurk other normative or legal orders that are arcane, ignored, or even invisible. ” Obtaining a wider understanding of law requires knowledge of the “normative and non-state legal orders in action and their inter-relations …. [which] inevitably involves penetration beneath the ‘surface’ of formal statements of legal rules. ” - Twinning

Copyright Paradoxes in SL music Industry – Pre PRR Reversed Economic Hierarchy Singers are better remunerated than authors Live performances – lucrative for singers but not for authors Cover Versions Issue Many singers are against the practice of covering- Historical and economic concerns Not widely practiced With appropriate licenses, covering is legally allowed

Two Irritants – Post PRR Social Irritation Confrontations relating to creating a royalty collection society Singers’ hesitation to share the pay Challenging authorial supremacy Legal Irritation Legislature seemed to have argued against covering The legislation however is at odds with it!

Diffusion of PRR in Sri Lanka “When a foreign rule is imposed on a domestic culture…. it works as a fundamental irritation which triggers a whole series of new and unexpected events” - Taubner PRR in SL Transformed legal order – emergence of covering Diverse from what was initially desired – adhoc royalty by media Complemented the existing system