PERFORMERS' RIGHTS


Live performance by one or more individuals of a reading or recitation of a literary work, in public or in a private place, is a 'performance'. A performance will give rise to performer's rights, if the performance is a 'qualifying' performance, which is a performance given by a UK/EEC citizen or resident, or takes place in the UK/EEC. No formalities, for example registration, are required for subsistence of performer's rights.

Performer's rights include the following:

  • The right to object to record all of the whole or a substantial part of a live performance without consent.
  • The right to authorise or prevent live broadcast of the whole or a substantial part of a live performance.
  • The right to authorise or prevent recording from a broadcast of a live performance.
  • The right to authorise or prevent copying of a recording of a live performance without consent.
  • The right to authorise or prevent the issue of copies of a recording of a live performance without consent.
  • The right to authorise or prevent the renting/lending of copies of a recording of a live performance without consent.
  • The right to authorise or prevent the making available of a recording of a live performance by way of an on-demand service.
  • The right to authorise or prevent the showing or playing in public or communicating to the public the whole or a substantial part of a live performance by means of a recording made without consent.
  • The right to prevent dealing with illicit recordings (i.e. those made without consent).

Performer's rights are individually owned by the performer or each performer of a live performance. They last for the longer of 50 years from the end of the year in which the performance takes place, or 50 years from the end of the year in which a recording of the performance is released (publicly played or shown or communicated to the public).
There are a number of acts with regard to recordings of a performance, which are permitted by law, without infringement of performer's rights. These include the following:

  • Copying a recording of a performance in the course of instruction or of preparation for instruction, by the person giving/receiving the instruction, provided that the instruction is for non-commercial purposes.
  • The playing of a sound recording at an educational establishment for purposes of instruction, before an audience consisting of teachers/pupils/persons directly connected to the activities of the establishment.
  • Recording of a broadcast or a copy of such a recording may be made by an educational establishment for educational purposes, providing these are non-commercial.
  • Lending of copies of a recording of a performance by an educational
    establishment.

[For more on rights and educational institutions, please access the following link,
paying particular attention to section 34: http://www.opsi.gov.uk/acts/acts1988/ukpga_19880048_en_3]