National Copyright

FAQs - Performers' Rights

 

Question

Answer

11.1

What is a "performer"?

A Performer is defined as "each person who contributed to the sounds of the performance, and can include a conductor of a musical work".

11.2

Do performers' have rights?

Yes.

Performers have limited rights under the Copyright Act And a further 'bunch of rights' have been given to performers ownership of sound recordings as a result of Australia’s entering into the Free Trade agreement

11.3

Do we need a student's permission to video record their performances in the classroom?

Yes, but you can obtain this verbally or imply it if the student is aware they are being recorded and continue to perform.

11.4

Do we need students' permission to video record their performances in school concerts, music festivals or eisteddfods?

Yes, but you can obtain this verbally or imply it if the student is aware they are being recorded and continue to perform.

11.5

Do we need to get permission from students to record their performance in a student film or video?

Yes, but you can obtain this verbally or imply it if the student is aware they are being recorded and continue to perform.

11.6

Can teachers and students perform work in class?

Yes, provided the performance is in the course of educational instruction in the presence of only the teacher and students from that class.

11.7

Do we need a student's permission to take photographs of their performances?

No

11.8

If the use for the recording changes, do we need to get permission from all of the performers?

Yes