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United Kingdom
United Kingdom
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Performer's property rights meaning
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What does Performer's property rights mean?
In practice, “performer’s property rights” describes the bundle of transferable economic rights a performer has to control and monetise the recording and exploitation of their live performance. In the UK these rights are defined by the Copyright, Designs and Patents Act 1988 (Part II), and in Ireland by the Copyright and Related Rights Act 2000; usage is broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland.
Key features include exclusive rights to authorise the fixation (recording) of a performance, copying of recordings, issuing copies to the public, rental or lending, making available/online communication, and certain broadcasts or public communications. They arise automatically in qualifying performances, are distinct from performers’ non‑property (e.g. moral/consent) rights, and can be assigned or licensed (exclusive or non‑exclusive), with standard remedies for infringement. An important element is the right to equitable remuneration for use of commercially released sound recordings.
Term and scope are set by statute and depend on factors such as whether the performance is fixed in a sound or audiovisual recording and whether it has been lawfully released (in the UK, many sound recording‑related rights can run up to 70 years from publication). These rights commonly feature in recording, broadcast, streaming and synchronisation agreements.
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View the related Precedents about Performer's 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
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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
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