The performance right refers to the exclusive authority of the creator of a song, play, or movie to determine who can publicly perform it. This implies that anyone wishing to sing a song or showcase a movie to a large audience must obtain consent from the original creator. This legal concept is commonly known as the performance right or public-performance right.
The term “performance right” refers to the exclusive right of a copyright holder to publicly present their protected work through recitation, playing, acting, showing, or any other means. This includes both live presentations and technological methods like television broadcasting. It is important to note that obtaining authorization from the copyright owner or their representative is necessary for any public performance of a copyrighted work, unless a statutory ephemeral-recording exemption is applicable. Examples such as a musician performing their own song at a concert, a theater company presenting a play to an audience, or a television network broadcasting a movie demonstrate how the performance right applies to different forms of public presentation. In each scenario, the copyright holder has the sole authority to permit or prohibit the public performance of their work. Without proper authorization, any public performance would be considered a violation of the performance right.
A performance right refers to the legal right granted to the creator or owner of a work to control and authorize the public performance or display of that work.
Performance rights protect various types of works, including music compositions, theatrical plays, films, television shows, and other artistic creations.
Copyright protects the exclusive rights of creators or owners to reproduce, distribute, and display their works. Performance rights specifically focus on the public performance or display of the work.
Yes, you generally need permission from the copyright owner to publicly perform a copyrighted work, unless your use falls under a specific exception or fair use.
To obtain performance rights, you typically need to contact the copyright owner or their authorized representative, such as a music publisher or performing rights organisation (PRO), and negotiate a license agreement.
PROs are entities that represent songwriters, composers, and music publishers in licensing and collecting performance royalties for public performances of their musical works. Examples include ASCAP, BMI, and SESAC.
Performing a copyrighted work without obtaining performance rights can potentially lead to legal consequences, such as infringement claims and monetary damages.
Certain exceptions exist, such as performances within a private setting or performances that fall under fair use, which may not require obtaining performance rights. However, it is advisable to consult with a legal professional to determine if your specific use qualifies for an exception.
Performing a copyrighted work without permission may result in legal action by the copyright owner, who can seek damages, injunctions, and other remedies available under copyright law.
To ensure compliance with performance rights, it is crucial to obtain proper licenses or permissions from the copyright owner or PROs, keep records of performances, and pay any required royalties or fees associated with the public performance of copyrighted works.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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