Powered by Lexis+®
Jurisdiction(s):
United Kingdom
United Kingdom
View all Glossary Terms Related Content
CASE STUDY
“LexisLibrary gives us the most relevant and recent cases and always has the latest information on them. It makes research so much easier. We're more cost-effective for our clients and more efficient each day”
AdvocatesAccess all documents on Performer's rights
Performer's rights meaning
Published by a LexisNexis IP expert
What does Performer's rights mean?
Rights protecting performers in relation to their live and recorded performances. In practice, this covers control over recording or filming a performance, broadcasting it, communicating or making it available online, and receiving payment for certain downstream uses.
In the UK, these rights are statutory “rights in performances” under Part II of the Copyright, Designs and Patents Act 1988. In Ireland, comparable “related (neighbouring) rights” arise under the Copyright and Related Rights Act 2000. The regimes are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland.
Key features include:
- Consent (non‑property) rights to prevent unauthorised recording, broadcast or other communication to the public.
- A performer’s property right in recordings of qualifying performances, which can be assigned or licensed and enforced separately from copyright in the underlying work or the producer’s sound recording right.
- Performers’ moral rights (attribution and integrity) in relation to recordings and broadcasts.
- A statutory right to equitable remuneration when commercially released sound recordings of performances are publicly performed or communicated to the public, commonly administered via collective licensing.
Typical uses include rights clearance for film, TV, live streaming and advertising, recording/session agreements, assignments and waivers, and enforcement against unauthorised recordings (“bootlegging”). Infringement may give...
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 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 
