India gives performers a statutory royalty entitlement when their performance is commercially exploited, even where they have signed away other rights in a film agreement. The Copyright (Amendment) Act 2012 inserted this right into Section 38A of the Copyright Act 1957, with effect from 21 June 2012. This article explains how it works and who collects it.
Quick answer
Performers hold a statutory entitlement to receive royalty when their performance is commercially exploited, even after signing away other rights to a producer. This is known as the R3 right. It can only be assigned to a legal heir or a registered copyright society. The body that administers R3 for singers and musicians in India is ISAMRA (formerly ISRA). Commercial users of recorded performances may need a Collection Clearance Certificate (C3) from ISAMRA and separate clearances for other layers of rights in the same song.
| Key terms |
| R3: the performer’s right to receive royalty for commercial exploitation of their performance. C3: ISAMRA’s Collection Clearance Certificate, issued to commercial users who pay the prescribed royalty. ISAMRA: Indian Singers’ and Musicians’ Rights Association (formerly ISRA), the registered copyright society that collects R3 for its singer and musician members. |
What the Producer Gets
The Copyright (Amendment) Act 2012 drew a clear line between what a producer acquires and what a performer retains.
Section 38A(2) of the Copyright Act 1957 provides that where a performer has, by written agreement, consented to the incorporation of their performance in a cinematograph film, they cannot object to the producer’s exercise of the performer’s right in that film. The producer therefore receives the right to exploit the film, including the performances within it, without further consent from the performer.
This is the standard position in film contracts: when a singer records a song for a film and signs the standard agreement, the producer can distribute and commercially exploit the film.
What the Performer Keeps
The same section draws a firm line. Section 38A(2) includes a proviso: the performer remains entitled to royalties in the case of making of the performances for commercial use. This entitlement is what the industry refers to as R3.
The R3 right is not about the film itself playing in a cinema hall. It covers the subsequent commercial exploitation of the performance across other channels: streaming, radio, public performance in venues, sound recording sales, and similar uses.
The statutory framework for this right runs through two bridge provisions. Section 39A of the Copyright Act applies Sections 18 and 19, among others, to performers’ rights with necessary adaptations. Through this bridge, the non-waiver rules applicable to authors of literary and musical works extend to performers.
Specifically, Section 18(1) provides that an author of a literary or musical work included in a cinematograph film cannot assign or waive the right to receive royalties on an equal basis with the copyright assignee, for any use of the work other than its communication to the public along with the film in a cinema hall. Any agreement to the contrary is void. An equivalent provision applies to works in sound recordings that do not form part of any film. Section 19(9) and (10) reinforce this: no assignment of copyright to make a film or sound recording strips the author of the right to an equal share of royalties for subsequent use of the work.
Applied to performers through Section 39A, the combined effect is this: the performer’s royalty entitlement cannot be contracted away. Any agreement purporting to do so is void under the Act.
Why the Right Cannot Simply Be Waived
The non-waiver structure is deliberate. The R3 right can only be assigned to two categories of person: the performer’s legal heirs, or a registered copyright society for collection and distribution. Any other assignment is void.
This design exists because individual performers lack the infrastructure to track and collect royalties from the large and dispersed set of commercial users who may exploit recordings over decades. The copyright society system, established under Section 33 of the Act, is the mechanism the law provides.
Under Section 33, the business of issuing or granting licences in respect of literary, dramatic, musical and artistic works incorporated in films or sound recordings must be carried out only through a duly registered copyright society. Every registered copyright society is required under Section 33A to publish its tariff scheme. Under Section 35(2), fees collected are distributed in proportion to the actual use of the members’ works.
For more on how copyright societies operate in India, see our article on the evolving role of copyright societies in India.
Who Collects R3 in Practice: ISAMRA
When the 2012 amendment came into force, no registered copyright society existed for singers as a class of performers. A group of prominent Indian singers, including Lata Mangeshkar, Asha Bhosle, Sonu Nigam, and Alka Yagnik, established the Indian Singers’ Rights Association (ISRA). ISRA was incorporated on 3 May 2013 and received its certificate of registration under Section 33 from the Central Government on 14 June 2013. It describes itself as the first copyright society to be registered after the 2012 amendment for singers as a category of performers.
ISRA collected R3 on behalf of its member singers and issued a Collection Clearance Certificate (C3) to commercial users who paid the prescribed royalty. Any establishment wishing to lawfully play recordings of ISRA members was required to obtain a C3.
In November 2023, ISRA expanded its mandate to cover musicians as well as singers and was renamed the Indian Singers’ and Musicians’ Rights Association (ISAMRA). ISAMRA describes itself on its official website as the registered copyright society for singers and musicians in India, administering R3 on behalf of its members.
The 2016 Delhi High Court Rulings
ISRA’s registration gave it standing to pursue commercial users who played its members’ recordings without clearance. Two Delhi High Court rulings in 2016 established the enforcement framework.
In The Indian Singers’ Rights Association v. Chapter 25 Bar and Restaurant (CS (OS) 2068/2015), the Delhi High Court found that the restaurant had been playing ISRA member songs without clearance or payment of royalty. On 12 August 2016, the court granted a permanent injunction restraining the restaurant from communicating ISRA’s repertoire to the public without paying royalties and obtaining a Performer’s Rights Clearance Certificate.
In The Indian Singers’ Rights Association v. Night Fever Club and Lounge (CS (OS) 3958/2014), the Delhi High Court granted equivalent relief in October 2016.
Both decisions are reported across multiple secondary sources with consistent case numbers and holdings. Original Delhi High Court order PDFs should be confirmed before publication if the article is to be cited in a legal or enforcement context.
Following years of further litigation involving music labels, ISRA and sections of the recorded music industry entered into an industry-level arrangement, formally announced in April 2023. Specific financial terms should be confirmed from official ISRA, IMI, or government sources before being stated in any publication.
For the broader picture of performer protections under the Act, see our article on performer’s rights in India.
What This Means for Commercial Users
A business that uses recorded music commercially in India operates within a layered rights environment. The table below sets out the three main layers relevant to Indian film and popular music.
| Layer | What it covers | Typical administering body |
| Performer’s R3 | Singer’s/musician’s right to receive royalty for commercial exploitation | ISAMRA (verify current registration) |
| Musical and literary works | Composer’s and lyricist’s rights in the underlying song | IPRS (Indian Performing Right Society) |
| Sound recording | Music label’s rights as owner of the sound recording | Rights owner or relevant licensing entity |
Depending on the specific use and repertoire, a commercial user may need clearances from more than one body. The 2016 court decisions confirmed that playing recordings without ISAMRA clearance may amount to infringement of performers’ rights.
Digital services, broadcasters, and streaming platforms require separate rights analysis depending on the mode of exploitation, repertoire, and contractual structure. The licensing position for digital and broadcast use is not identical to public performance in a physical venue.
| Wedding and religious ceremony use: a statutory note |
| Section 52(1)(za) of the Copyright Act 1957 provides that the performance of a literary, dramatic or musical work, or the communication to the public of such a work or of a sound recording, in the course of any bona fide religious ceremony or official government ceremony does not infringe copyright. The Explanation to the clause confirms that “religious ceremony” includes a marriage procession and other social festivities associated with a marriage. The scope of this exception, particularly in relation to commercial event venues and DJ performances at weddings, is subject to ongoing judicial interpretation and periodic government clarification. Users relying on this exception should confirm the current position before acting. |
For a broader look at copyright in the music sector, see our articles on copyright in the music industry and the musicians’ guide to IP in the music industry.
Frequently Asked Questions
R3 is the performer’s right to receive royalty when their recorded performance is commercially exploited. It arises from Section 38A(2) of the Copyright Act 1957, inserted by the Copyright (Amendment) Act 2012 with effect from 21 June 2012. The R3 entitlement is preserved for the performer even where they have consented in writing to incorporation of the performance in a film.
No. The non-waiver provisions in Section 18(1), applied to performers through Section 39A, provide that the right to receive royalties cannot be assigned or waived except to a legal heir or a registered copyright society. Any agreement to the contrary is void. Section 19(9) and (10) reinforce this position for film and sound recording assignments respectively.
ISAMRA (Indian Singers’ and Musicians’ Rights Association), formerly ISRA, is the copyright society that describes itself as collecting R3 on behalf of its singer and musician members in India. It was first registered under Section 33 of the Copyright Act on 14 June 2013. ISAMRA issues a Collection Clearance Certificate (C3) to commercial users who pay the royalty it prescribes for use of its members’ performances.
If the recordings being played contain performances by ISAMRA members, the establishment needs to obtain a C3 from ISAMRA and pay the applicable royalty. The Delhi High Court confirmed this in 2016 in ISRA v. Chapter 25 Bar and Restaurant (CS (OS) 2068/2015) and ISRA v. Night Fever Club and Lounge (CS (OS) 3958/2014). Playing member recordings without clearance may amount to infringement of performers’ rights.
Section 52(1)(za) of the Copyright Act 1957 exempts the performance or communication to the public of a musical work or sound recording in the course of a bona fide religious ceremony, including a marriage procession and associated social festivities. The scope of this exception, particularly for commercially managed wedding venues and DJ performances, remains subject to ongoing judicial interpretation. The position is not settled and varies with the specific facts of each case.
These bodies represent different rights in a song. ISAMRA collects R3 for performers (singers and musicians). IPRS (Indian Performing Right Society) collects royalties for composers and lyricists in the underlying musical and literary works. PPL India is involved in licensing public performance rights on behalf of participating sound recording owners. A commercial user may need to engage with more than one of these bodies depending on which rights are engaged by the specific use.
This article explains performers’ royalty rights under the Copyright Act 1957 in India as at June 2026 and is for general information only. It is not legal advice. Copyright society registration status, tariff schemes, and licensing arrangements change; verify current details with the Copyright Office and the relevant copyright society before acting. For advice on your specific situation, consult a qualified IP practitioner.