Performer's rights Definition

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GLOSSARY

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What does Performer's rights mean?

A property right which is granted in relation to certain performances and which grants both exclusive right and other rights to the owner of the right.

Performer's rights (which fall into property and non-property rights) are created by the Copyright, Designs and Patents Act 1988. They enable the owner to exclude others from, amongst other things, reproducing, distributing, making available to performances.

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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...

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