Moral rights of the performer :
Section – 38B. The performer of a performance shall, independently of his right after assignment, either wholly or partially of his right, have the right,—
| (a) | to claim to be identified as the performer of his performance except where omission is dictated by the manner of the use of the performance; and | |
| (b) | to restrain or claim damages in respect of any distortion, mutilation or other modification of his performance that would be prejudicial to his reputation. |
Explanation.—For the purposes of this clause, it is hereby clarified that mere removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer’s reputation.