Performers’ rights and rights in performances


Published by a ½Û×ÓÊÓƵ IP expert
Practice notes
In-house

Performers’ rights and rights in performances


Published by a ½Û×ÓÊÓƵ IP expert

Practice notes
In-house
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Protection for performers

This 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 recordings

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Performers’ rights definition
What does Performers’ rights mean?

Performers’ rights provide a method whereby a person can control the dissemination or exploitation of their performances. Under Part II of the copyright, designs and patents act 1988 (CDPA 1988), performers are granted certain property and non-property rights in performances, independent of any copyright or moral rights that may subsist in the performed work (or a film or sound recording of it).

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