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View the related practice notes about Performer's property rights

Performers’ rights and rights in performances

Protection for performersThis Practice Note summarises the rights known as performers’ rights which subsist in the UK under Part II of the Copyright, Designs and Patents Act 1988 (CDPA 1988). CDPA 1988, ss 180–212A (Pt II) gives performers and those having exclusive recording contracts with performers various civil rights and also imposes criminal liability for making, dealing with or using illicit recordings.The rights granted by CDPA 1988, ss 180–212A (Pt II) are separate from and independent of any copyright or moral rights that may exist in underlying works (governed by CDPA 1988, ss 1–179 (Pt I)). The Part II rights relate to the protection of the performance itself rather than the underlying work. CDPA 1988, s 16(1)(c) gives copyright owners the exclusive right to perform certain types of work in public, or to authorise others to perform them: this right is often called ‘performance right’ but must not be confused with the Part II rights in performances.Performers’ rights protect a performer’s live or recorded dramatic and musical performances from having unauthorised...

IP and music agreements for artists and songwriters

This Practice Note considers intellectual property (IP) rights in the context of certain artist/songwriter-focused music agreements. In particular, the Practice Note outlines the various rights that subsist in a song and considers how these can be exploited. Issues relating to brand protection and image rights for musical artists are also considered.IP and other rights relevant in the music industryCopyright subsisting in music Copyright forms the basis on which songs and other musical works can be licensed and commercially exploited.It is important to recognise that there are different types of copyright. Provided that the originality threshold is met, and the song has been recorded in material form:•copyright will subsist in the musical composition (or score) as a musical work•the lyrics of a song will be separately protected as a literary work•the recording of the song will attract separate copyright as a sound recordingIn addition to the principal rights attaching to music, other copyrights may be relevant in the context of music agreements. For example, original artwork featured on an album cover,...