Performers’ rights have limited rights to :
Performers’ rights relate to the unauthorised recording, filming and broadcasts of live performances of:
improvisations – such as improvised speeches and dance
For example, when students perform in a school play, or a school band performs an assembly, the performers will have certain rights in their performances.
Live performances do not include:
The taking of a photograph of a performer during a performance will not infringe a performer's rights.
There are exceptions that apply to recording performances without first obtaining the performer's consent.
Indirect recordings (ie, recording from the television or radio) are permitted for:
Indirect or direct recordings (ie live) are permitted for:
Performers' rights in:
A performer's consent is required before a recording is made. Once consent is obtained, the performer generally is unable to control how the recording or film is used, unless this is negotiated specifically in the relevant contract.
The consent does not have to be in writing if it is obvious from the filming that the performer has consented. Consent will also be taken for the ‘use’ of a recording where the performer hasgiven consent for recording for that puspose.
From 1 January 2005, and as a result of the Free Trade agreement entered into between Australia and the United States of America, performers have been granted some copyright in sound recordings of their performances. Previously the record company (or other commissioning party) would be the sole owner of copyright. Now the performer and the owner become co-owners for equal shares in the copyright.
The rights came into force as at 1 January 2005 and apply to all recordings still in copyright.
Ordinarily, schools will be covered by the various voluntary licences for the use of sound recordings. However, where the school intends to use a sound recording of a performance outside the voluntary licences, it must make sure they have the consent and clearance of all performers.
See 2.3: Musical works
See 2.4: Sound recordings
Where performers cannot be contacted, it will usually be enough for the school to get permission from the record company.
Exceptions are:
(i) where the recording of a performance is made for a fee ( such as a recording studio and production company); or
(ii) a performance done in the course of the performers’ employment.
New moral rights for performers are scheduled to be introduced sometime in 2005. These rights are in addition to copyright and are non-economic. They will include rights to:
In the meantime, any recordings made should credit the performers.
Note that moral rights granted to performers in relation to sound recordings only, moral rights do not extend to audio-visual recordings of performances.
Defence(s) to any moral rights claim include
