释义 |
performers’ rights The rights of performers, such as musicians, in the live performance of their works, to prevent others recording their performances. The rights are also infringed if anyone broadcasts a qualifying performance under the Copyright, Designs and Patents Act 1988 without consent or imports a recording of such a performance knowing that it was an illicit recording. The right is owned by the performer, although in commercial practice many performers enter into exclusive recording contracts in relation to their works, which give recording rights to a record company; in this case the company obtains copyright in the sound recording and the performer loses his rights for the duration of the contract. The Copyright Term Directive 93/98 harmonized EU law in this area. Performers’ rights must be protected under national law; the right must exist for 50 years from the end of the calendar year in which the performance takes place. Directive 2011/77, implemented by the Copyright and Duration of Rights in Performances Regulations 2013, extended this period to 70 years after death. This UK legislation is retained EU law so remains in force despite Brexit. |