Jurisdiction(s):
United Kingdom

Key definition

Performance definition

What does Performance mean? In copyright practice, performance means the live rendition of a literary, dramatic or musical work to an audience; doing so “in public” is a restricted act that normally requires the copyright owner’s permission/licence. This is set out in section 19 of the Copyright, Designs and Patents Act 1988 (UK) and the Copyright and Related Rights Act 2000 (Ireland). Whether an act is “in public” is determined by context and case law; private or domestic use is excluded. For films and sound recordings, the analogous restricted act is showing or playing in public; online streaming is generally treated as communication or...

United States music law and contracts: copyright, licences, work-made-for-hire, termination rights, recording/publishing deals, online distribution, live performance, catalogue sales, NFTs and AI

Published by a LexisNexis IP expert

Practice notes

ARCHIVED: This Practice Note has been archived and is not maintained.

Originally prepared for Lexis Practice Advisor® in the US, this Practice Note outlines prevalent music‑industry agreements and drafting points, covering music licences (mechanical, master use, synch and public Performance), work‑for‑hire arrangements, exclusive recording deals and 360 agreements, online Distribution accords, and live performance contracts. It also introduces fundamentals on selling music catalogues, along with issues relating to non‑Fungible tokens and artificial intelligence (AI). It further addresses key copyright topics, including termination rights and the legal framework for music licensing, such as the Music Modernization Act (MMA).

Copyright considerations and registration

To understand the licence types referenced in this Practice Note, a basic grasp of copyright law is required, including:

the exclusive rights of a copyright owner
how long those rights endure (copyright duration)
the importance of copyright registration
relevant defences to infringement of musical works

Each issue is briefly outlined below.

Exclusive rights

Put simply, copyright protects ‘original works of authorship’ that are ‘fixed...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 22/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...