[38A. Exclusive right of performers.-- (1) Without prejudice to the rights conferred on authors, the performers right which is an exclusive right subject to the provisions of this Act to do or authorise for doing any of the following acts in respect of the performance or any substantial part thereof, namely:--
(a) to make a sound recording or a visual recording of the performance, including--
(i) reproduction of it in any material form including the storing of it in any medium by electronic or any other means;
(ii) issuance of copies of it in any material form including the storing of it in any medium by electronic or any other means;
(iii) communication of it to the public;
(iv) selling or giving it on commercial rental or offer for sale or for commercial rental any copy or the recording;
(b) to broadcast or communicate the performance to the public except where the performance is already broadcast.
(2) Once a performer has, by written agreement, consented to the incorporation of his performance in a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performers right in the same film:
Provided that, notwithstanding anything contained in this sub-section, the performer shall be entitled for royalties in case of making of the performances for commercial use.]