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Performers’ rights meaning

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What does Performers’ rights mean?
In practice, performers’ rights are the legal tools that let actors, musicians, dancers and other performers control and monetise the recording, broadcast and other exploitation of their live performances and of recordings of those performances. In the UK, they are statutory “related rights” set out in Part II of the copyright, designs and patents act 1988 (CDPA 1988); in Ireland, a broadly equivalent regime is contained in the copyright and Related Rights Act 2000. Key features include: - Consent requirements for recording, broadcasting or otherwise communicating a live performance to the public. - Separate property rights in recordings of performances, independent of any copyright or moral rights in the underlying work, film or sound recording, enabling performers to authorise or prohibit copying, distribution, rental/lending, making available, public performance/showing/playing and communication to the public. - A right to equitable remuneration when commercially released sound recordings of performances are played in public or communicated to the public, commonly administered through collective licensing. Typical use includes clearance for live capture and transmission, recording and production agreements, assignments/waivers, and enforcement against unauthorised recordings and uses. The UK regime applies across England & Wales, Scotland and Northern Ireland; Irish law is substantively similar, subject to procedural and licensing differences.
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View the related News about Performers’ rights

NEWS
Employment law weekly highlights: Tesco ‘fire and rehire’ injunction; PGMOL status for tax; disability WFH adjustment; GDPR transfers fine; tips code; REUL/CPR changes—19 September 2024

In this issue: Employment contract Horizon scanning Pensions Tax Prohibited conduct (discrimination etc) Data protection and employee information Dates for your diary Trackers New Q&As Employment resources on Lexis+® Daily and weekly news alerts Employment contract Supreme Court reinstates High Court injunction preventing Tesco from ‘firing and rehiring’ employees on less favourable terms. In Tesco Stores Ltd v Union of Shop, Distributive and Allied Workers (USDAW) [2024] UKSC 28, the Supreme Court, unanimously and led by Lord Burrows and Lady Simler, upheld the High Court’s stance, reviving the injunction that bars Tesco from dismissing staff in order to strip them of a ‘permanent’ contractual entitlement to retained pay, then proposing re‑engagement without it. An implied term in the contracts curtailed Tesco’s ability to rely on dismissal rights for that end. Commentary on the ruling is provided by Neil Todd of Thompsons Solicitors; Jonathan Chamberlain and Connie Cliff of Gowling WLG; Philip Harman...

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NEWS
UK Public Law Weekly Update: Brexit Oversight Changes, Constitutional Developments, Leading JR and ECHR Cases, Equality and Human Rights, Subsidy Control and Procurement Act Guidance—8 August 2024

In this issue: Brexit highlights Post-Brexit transition guidance Constitutional and administrative law Judicial review Equality and human rights Subsidy control and State aid Public procurement Management and strategic planning Daily and weekly news alerts New and updated content Dates for your diary Trackers New Q&As Useful information Brexit highlights The UK Parliament has confirmed the European Scrutiny Committee has been wound up, following the House of Commons’ decision on 30 July 2024 not to re-establish it. See: LNB News 01/08/2024 97. The House of Lords European Affairs Committee has released correspondence spanning 7 November 2023 to 30 May 2024, covering scrutiny of EU papers, primary legislation (including the Illegal Migration Bill) and broader issues such as public procurement and the impacts of the UK’s EU withdrawal. See: LNB News 01/08/2024 99. Post-Brexit transition guidance Weekly roundup of HMRC import, export and...

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NEWS
EAT: ‘Sought’ parental leave protection applies without formal notice; related dismissal automatically unfair and detriment unlawful (Hilton Foods Solutions v Wright)

Hilton Foods Solutions v Wright [2024] EAT 28 What are the practical implications of this case? This judgment turns on a single issue of interpretation: what must an employee do to be treated as having “sought” parental leave so as to gain protection from dismissal under the MAPLE Regulations 1999, SI 1999/3312, reg 20, as enforced by section 99 of the Employment Rights Act 1996? HHJ Tayler found that whether an individual has “sought” parental leave is a matter for the employment tribunal to decide on the facts, applying the ordinary meaning of the word “sought”, without any special gloss. Serving notice to take parental leave in accordance with paragraphs 1(b) and 3 of Schedule 2 to the MAPLE Regulations will, save in exceptional circumstances, generally show that the employee has “sought” to take parental leave; however, it is not the sole means by which it can be shown that the employee has sought to take parental leave. Accordingly, practitioners should note: employees...

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View the related Practice Notes about Performers’ rights

PRACTICE NOTES
United Kingdom Coronavirus Job Retention Scheme (CJRS): HMRC and DHSC guidance and Treasury Directions tracker with tracked changes (Archived)

ARCHIVED: This Practice Note has been archived and is no longer maintained. It sets out the different iterations of HMRC and DHSC guidance on the Coronavirus Job Retention Scheme (CJRS) released over time, and supplies tracked-change comparisons highlighting alterations from one update to the next, so practitioners can quickly determine which version of the relevant guidance applied on any given date. For a guidance tracker: covering the successive versions of HMRC guidance on the Self-Employment Income Support Scheme (SEISS), see Practice Note: Self-Employment Income Support Scheme—guidance tracker [Archived] covering the successive versions of general guidance on coronavirus (COVID-19), see Practice Notes: Coronavirus (COVID-19)—guidance tracker for employment (non-BEIS guidance) [Archived] and Coronavirus (COVID-19)—guidance tracker for employment (BEIS working safely guidance to 18 July 2021) [Archived] Separate sections of the Practice Note cover: Treasury Direction Guidance for employers: Check if you can claim for your employees’ wages through the Coronavirus Job Retention Scheme Check which employees you can...

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PRACTICE NOTES
UK copyright and related rights: practical overview of subsistence, duration, assignments and licences, enforcement, exceptions, databases, designs and associated rights for commercial lawyers

This Practice Note This Practice Note is aimed at commercial lawyers who are not specialists in intellectual property (IP). It introduces copyright and related rights in the UK, outlining what copyright is, how it comes to exist, and how to protect, transact, manage and exploit it. If you are a specialist IP lawyer, refer instead to the Copyright & associated rights—overview and Copyright disputes—overview, together with the documents they reference. Using this Practice Note This Practice Note is broadly arranged into five principal sections covering: Subsistence of copyright (copyright is not a registered right): eligibility of works, qualifying categories and qualification generally Maintaining copyright: the term of protection, copyright notices and policies Dealing with copyright in agreements: assignments, licences and collective licensing Asserting copyright: disputes, exceptions (permitted acts), defences and remedies for infringement Rights associated with copyright: moral rights and performance rights What is copyright? Copyright recognises an author’s intellectual creation when a...

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PRACTICE NOTES
Employment Tribunals Rules of Procedure 2013 (Great Britain): consolidated text as at 5 January 2025, including claims, responses, time limits, case management, hearings, decisions and costs — Archived

ARCHIVED: This Practice Note is retired and is no longer maintained...

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View the related Precedents about Performers’ rights

PRECEDENTS
Letter agreement for audio-visual recording of group performance: engagement, fees, assignment of copyright and performers’ property rights, rental rights allocation, and moral rights waiver

From: [ name of company ] of [ address ] (the ‘Company’) To: [ name of artists ] of [ address ] (collectively, ‘you’ or ‘your’) Dated: [ Date ] Dear [ name of artists ] Filming performance by [ insert group name ] for [ specify event or purpose ] This letter confirms the arrangement between you and the Company for your engagement as a group of performing artists, on the terms below, in relation to filming and recording an audio‑visual production of your [ live OR studio ] performance (the ‘Production’) which the Company intends, though does not commit, to produce. 1 Engagement The Company engages you, and you agree to provide your services as a group of performing artists on [ dates ] at [ times ] at [ venues ], and to perform the programme of works listed in the Schedule, or such other works as the Company may agree with you, for the purpose of making the Production....

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PRECEDENTS
Precedent trade mark licence quality control and brand use clause, with optional designs, sampling and approvals, marketing plan, recall and audit provisions

1 Definitions 1.1 In this clause: Brand • denotes the Trade Marks, [ Designs, ] goodwill and any other Intellectual Property Rights connected with the luxury brand [ insert name of brand ]; Brand Guidelines • refers to the directions issued by the Licensor describing how the Trade Marks [ and Designs ] are to be used, [ the latest version of which is attached at [ insert schedule ] to this Licence OR is accessible at [ insert link ] ] [ and which the Licensor may update from time to time by written notice to the Licensee ] ; [ Designs • signifies the registered design rights, or applications for registered designs, listed or identified at [ insert cross-reference to schedule ] to this Licence, along with any further unregistered design rights [ listed or identified at [ insert cross-reference to schedule ] to this Licence OR notified in writing to the Licensee by the Licensor from time to time ] ;...

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PRECEDENTS
Exclusive Recording Agreement with Artists: Assignment of Masters and Performers’ Property Rights, Advances, Royalties, Mechanical Licences, Accounting and Promotional Obligations (England and Wales)

This Agreement is dated [ date ] Parties 1 [ insert name of Company ], with its registered office at [ insert address ] (registered in England under no [ insert number ]) (the Company); 2 [ insert name ] of [ insert address ]; 3 [ insert name ] of [ insert address ]; 4 [ insert name ] of [ insert address ]; and 5 [ insert name ] of [ insert address ]...

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Q&As
Turkish Worker visa: employer change—application? Home Office notice?

Immigration Rules, Appendix ECAA: Extension Of Stay Pursuant to the current Immigration Rules (Immigration Rules, Appendix ECAA: Extension Of Stay) and the applicable guidance (Turkish ECAA guidance: Appendix ECAA extension of stay), holders of the Turkish Worker visa who have been lawfully employed in the UK for at least four years may, from that point, take up any role with any employer. This Appendix took effect at 11pm GMT on 31 December 2020, to encompass those who previously enjoyed rights under Decision 1/80 of the Association Council connected to the ECAA Association Agreement (concluded on 12 September 1963 in Ankara, and later supplemented on 23 November 1970 by the Brussels Protocol). See: Turkey-EEC Association Agreement: Macdonald’s Immigration Law and Practice [6.193]. Immigration Rules Appendix ECAA: Extension Of Stay, paragraphs ECAA 3.1–ECAA 3.2 set out, amongst other matters, that: ECAA 3.1...

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