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Patrick WheelerPartner - Head of IP & Data Protection
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.
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.
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