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Performers’ Rights

Advising you on how best to protect your performers’ rights

Alongside copyright, performers have several rights in relation to their performances, known collectively as ‘performers’ rights.’ The rights make it possible for performers to control and be compensated for the commercial exploitation of their performances and take action against bootlegging.

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  • Key contact

    Patrick Wheeler

    Patrick Wheeler

    Partner - Head of IP & Data Protection

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  • The Team

    Our lawyers have the expertise and experience to provide you with creative, personalised solutions in a clear and understandable way.

    ArrowMeet the team

  • Our Publications

    Discover a wealth of invaluable guidance in the form of guides and brochures written by our expert lawyers.

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  • Your IP Rights Health Check

    Are you certain your business’ IP rights are protected?

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About

What are performers’ rights?

The right relates to live performances. Anyone who acts, sings, performs, reads aloud, plays in, or otherwise performs a literary, dramatic or musical work is entitled to performers’ rights. The definition is broad enough that everyone from voice-over artists to street buskers may seek protection for their performances. Unlike with copyright, the work does not have to be original to be protected. For example, an actor can claim performers’ rights even if her performance is similar or even identical to other, earlier performances.

Under UK law, there are two types of rights for performers:

  • A right against recordings and broadcasts of live performances made without the performer’s permission, which includes streaming or uploading the recording to the internet.
  • A right to payment for authorised versions of their work; for example, when recordings of a performance are played in public, the performer should receive a payment.

Separately, performers also have a moral right in their performances. This includes the right to be identified as a performer and the right to object to derogatory treatment, such as when alterations are made to their work which damage the performer’s reputation.

Performers can also assert property rights in copies of their performance. The performer’s consent is required to copy a recording of a qualifying performance, or issue, rent, lend or make available to the public copies of such a recording

What happens if a performer’s rights are infringed?

As long as a performance meets the legal definition, it will be protected. There are no additional conditions to satisfy, and rights last for 50 years from the public performance, or, if during this period a recording is released, 70 years from the end of the calendar year in which the recording was released.

If rights are infringed, the usual intellectual property remedies apply. These include damages for monetary loss or an injunction to stop unauthorised distribution. Criminal sanctions may also be available.

How we can help you

Performers’ rights are complex and may overlap with copyright or contractual protection. Working closely with our media team, our expert lawyers can:

  • Advise you on how best to protect your performers’ rights
  • Advise you on contracts and commercial agreements that involve performers’ rights
  • Help to enforce your performers’ rights if they are infringed, whether through legal action or alternative dispute resolution

We help performers’ rights owners, but can also help you if you’re involved in a dispute over performers’ rights or have been accused of infringing another performers’ rights. We are focussed on providing swift and effective solutions that have our clients’ best interests at heart.

Spotlight

E-Commerce Agreements

As the opportunities for digital businesses grow, so does the legislation. E-commerce regulations, distance selling regulations, consumer protection from unfair trading, electronic marketing regulations, GDPR and their international equivalents – all these regulations need to be complied with before you can sell online.

We specialise in helping businesses navigate the complex area of e-commerce law, including the additional complexities associated with operating your businesses in foreign countries over the web. Our advice includes:

  • Website and mobile app development agreements
  • Hosting agreements
  • IT services contracts
  • Software licence agreements
  • Terms and conditions of sale to consumers, including cooling-off periods and cancellation
  • Website terms of use
  • Protecting intellectual property on the site (images, content, artwork)
  • Privacy and cookies policies
  • Data processing agreements and agreements governing international transfers of personal data
  • Contracting with overseas customers, clients and suppliers
  • Compliance with industry-specific regulatory requirements, such as secondary ticketing for events
  • Agreements for platforms acting as an online intermediary service
  • Harmonisation between your terms of business and other commercial contracts, such as distribution agreements.

Our commercial solicitors have experience drafting all types of e-commerce agreements, with a thorough understanding of laws relating to online trading. Whatever your commercial objectives, we are confident we have a solution that achieves the dual goals of preserving the customer experience while ensuring your company is well protected from risk.

Performers’ Rights Publications

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    CB Checkpoint: overview

    There are a number of key policies, procedures and documents your business should keep up to date, to be both legally protected and in preparation for investment or exit. Our team will give your business a full check-over.

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    Performers’ Rights key contacts

    Performers’ Rights

    Performers’ Rights

    Performers’ Rights

    Advising you on how best to protect your performers’ rights

    Alongside copyright, performers have several rights in relation to their performances, known collectively as ‘performers’ rights.’ The rights make it possible for performers to control and be compensated for the commercial exploitation of their performances and take action against bootlegging.

    • Key contact

      Patrick Wheeler

      Patrick Wheeler

      Partner - Head of IP & Data Protection

      ArrowView profile

    • The Team

      Our lawyers have the expertise and experience to provide you with creative, personalised solutions in a clear and understandable way.

      ArrowMeet the team

    • Our Publications

      Discover a wealth of invaluable guidance in the form of guides and brochures written by our expert lawyers.

      ArrowSee our downloads

    • Your IP Rights Health Check

      Are you certain your business’ IP rights are protected?

      ArrowTake the test

    What are performers’ rights?

    The right relates to live performances. Anyone who acts, sings, performs, reads aloud, plays in, or otherwise performs a literary, dramatic or musical work is entitled to performers’ rights. The definition is broad enough that everyone from voice-over artists to street buskers may seek protection for their performances. Unlike with copyright, the work does not have to be original to be protected. For example, an actor can claim performers’ rights even if her performance is similar or even identical to other, earlier performances.

    Under UK law, there are two types of rights for performers:

    • A right against recordings and broadcasts of live performances made without the performer’s permission, which includes streaming or uploading the recording to the internet.
    • A right to payment for authorised versions of their work; for example, when recordings of a performance are played in public, the performer should receive a payment.

    Separately, performers also have a moral right in their performances. This includes the right to be identified as a performer and the right to object to derogatory treatment, such as when alterations are made to their work which damage the performer’s reputation.

    Performers can also assert property rights in copies of their performance. The performer’s consent is required to copy a recording of a qualifying performance, or issue, rent, lend or make available to the public copies of such a recording

    What happens if a performer’s rights are infringed?

    As long as a performance meets the legal definition, it will be protected. There are no additional conditions to satisfy, and rights last for 50 years from the public performance, or, if during this period a recording is released, 70 years from the end of the calendar year in which the recording was released.

    If rights are infringed, the usual intellectual property remedies apply. These include damages for monetary loss or an injunction to stop unauthorised distribution. Criminal sanctions may also be available.

    How we can help you

    Performers’ rights are complex and may overlap with copyright or contractual protection. Working closely with our media team, our expert lawyers can:

    • Advise you on how best to protect your performers’ rights
    • Advise you on contracts and commercial agreements that involve performers’ rights
    • Help to enforce your performers’ rights if they are infringed, whether through legal action or alternative dispute resolution

    We help performers’ rights owners, but can also help you if you’re involved in a dispute over performers’ rights or have been accused of infringing another performers’ rights. We are focussed on providing swift and effective solutions that have our clients’ best interests at heart.

    SPOTLIGHT

    E-Commerce Agreementsopen

    As the opportunities for digital businesses grow, so does the legislation. E-commerce regulations, distance selling regulations, consumer protection from unfair trading, electronic marketing regulations, GDPR and their international equivalents – all these regulations need to be complied with before you can sell online.

    We specialise in helping businesses navigate the complex area of e-commerce law, including the additional complexities associated with operating your businesses in foreign countries over the web. Our advice includes:

    • Website and mobile app development agreements
    • Hosting agreements
    • IT services contracts
    • Software licence agreements
    • Terms and conditions of sale to consumers, including cooling-off periods and cancellation
    • Website terms of use
    • Protecting intellectual property on the site (images, content, artwork)
    • Privacy and cookies policies
    • Data processing agreements and agreements governing international transfers of personal data
    • Contracting with overseas customers, clients and suppliers
    • Compliance with industry-specific regulatory requirements, such as secondary ticketing for events
    • Agreements for platforms acting as an online intermediary service
    • Harmonisation between your terms of business and other commercial contracts, such as distribution agreements.

    Our commercial solicitors have experience drafting all types of e-commerce agreements, with a thorough understanding of laws relating to online trading. Whatever your commercial objectives, we are confident we have a solution that achieves the dual goals of preserving the customer experience while ensuring your company is well protected from risk.

    Performers’ Rights Publications

    Performers’ Rights insights

    View all insights

    Need some more information? Make an enquiry below.

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