LawRato

Payment of talent rights to artists


21-Jul-2025 (In Trademark & Copyright Law)
We produced three ad films for an ad agency. The TV rights of artists featured in the ad films, were negotiated for a duration of 1 year after we found that the client aired the film on TV without paying the talent rights. The artists signed an agreement with us. We signed an agreement with the ad agency. However, the ad agency paid only half of the talent rights and has not made the full payment till date. Can the ad agency/client still air the films and enjoy full rights?
Answers (2)

Answer #1
760 votes
If the ad agency has not made full payment of the talent rights as agreed, and has still aired the ad films, this amounts to a breach of contract and potential copyright infringement, especially if the usage period has lapsed or the terms were conditional upon full payment. Since the artists' rights were contractually negotiated for TV airing, any such broadcast without full compensation may violate their performers' rights under the Copyright Act, 1957. You and the artists may be entitled to injunctive relief (to stop further broadcast) and damages for unauthorized use. The client or agency cannot enjoy full rights until all contractual obligations particularly payment are fulfilled. It is advised to send a legal notice and, if necessary, initiate appropriate civil proceedings for enforcement of rights and recovery of dues.
Helpful? LawRato LawRato
Advocate Saylee Chaudhari

Adv. Saylee Chaudhari

LawRato Dombivli | 50+ Answers
Chat with Advocate Saylee Chaudhari Chat 
Answer #2
875 votes
If the ad agency has not fulfilled its full payment obligations, particularly in respect of talent rights, it amounts to a breach of contract. Unless all contractual dues are cleared, they cannot lawfully claim full rights to air or exploit the films. You may initiate legal action, including issuing a legal notice and seeking an injunction to restrain further unauthorized use. You can connect with me through my profile to discuss the appropriate legal remedy. Once connected, I’ll guide you further — I’m available for a quick call or detailed email review as needed. Regards, Advocate Afreen Vindhani
Helpful? LawRato LawRato
Advocate Afreen Rafik

Adv. Afreen Rafik

LawRatoThane | 25+ Answers
Chat with Advocate Afreen Rafik Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Trademark & Copyright lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato