Powered by Lexis+®
Jurisdiction(s):
United Kingdom
United Kingdom
View all Glossary Terms Related Content
CASE STUDY
“A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful.”
1 High PavementAccess all documents on Performer's non-property rights
Performer's non-property rights meaning
Published by a LexisNexis IP expert
What does Performer's non-property rights mean?
In legal practice, this describes a performer’s personal rights to control how their live performance is recorded, broadcast or otherwise communicated, and to protect their attribution and the integrity of the performance.
In the UK, these rights arise under Part II of the Copyright, Designs and Patents Act 1988 (CDPA). Practitioners use “performer’s non-property rights” to distinguish these personal rights from the separate “performer’s property right” in recordings. In Ireland, broadly equivalent rights exist under the Copyright and Related Rights Act 2000.
Key features and use:
- They include the right to consent (or refuse consent) to the fixation (recording) of a live performance, its live transmission or other communication to the public, and performers’ moral rights (identification and protection against derogatory treatment).
- They are personal, not assignable and generally not transmissible; they can typically be waived in writing. In practice, producers, broadcasters and venues obtain express consents, licences and waivers rather than assignments.
- Infringement can give rise to civil remedies (injunctions, damages, delivery up) and, for certain unauthorised recordings, criminal liability.
The core concepts and practical treatment are consistent across England and Wales, Scotland and Northern Ireland under the CDPA, with closely aligned outcomes in Ireland under the 2000 Act.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
View the related Precedents about Performer's non-property rights
PRECEDENTS
Precedent Film Performer Agreement (England and Wales): engagement; assignment of copyright and performers’ property rights; remuneration and expenses; credits; union compliance; publicity; accounting; suspension/termination; nudity and dangerous work
Definitions and interpretation This Agreement between the Company and the Artist sets out key terms, including defined periods (Publicity, Recording, Pre-production, Shooting, Post-production), fees (Weekly Rate, Daily Rate, Guaranteed Payment, Use Fees), and rights (copyright, Performers’ Property Rights, Rental Right). Time is of the essence; singular includes plural; references to statutes include amendments. The Services mean the Artist’s exclusive professional contribution worldwide across the Production Schedule. The Company may shift dates within the Production Schedule, extend the Shooting Period for industry holidays, and require publicity, rehearsal, filming, recording and post-synchronisation. The Artist assigns all relevant rights in the product of the Services to the Company for worldwide exploitation, waives moral rights where permitted, and agrees to dubbing provisions. Payment structures, expenses, VAT, and independent contractor status are specified, alongside warranties on originality, health, conduct and availability. Conditions precedent, suspension and termination rights, distribution control, screen and advertising credit parameters, accounting, insurance, equitable relief, nudity and hazardous work protocols, and no obligation or reversion clauses are included. Notices, severability, assignment,...
22 May
Read More 
PRECEDENTS
Film performer release: consents, moral rights waivers, and assignment of performers’ property rights (England and Wales)
From [ insert name of individual ] of [ address ] To [ insert name of company ] of [ address ] Dated [ date ] Dear [ insert organisation name ] [ insert name of film ] (the Film) In return for the payment of £[ insert amount ] now made by you to me (for which receipt is acknowledged), I represent, affirm and agree that you, together with your successors, assignees and licensees, shall be entitled to record, revise, adapt and commercially use, whether in whole or in part, the following: any motion pictures, photographs and audio recordings created for the Film in which I appear—including my name, likeness, image and voice; any literary, dramatic, musical or artistic work or ...
22 May
Read More 
