5. Performers’ rights

Abstract

This chapter focuses on performers’ rights, which give musicians, singers, actors, dancers, and variety performers rights to prevent or give permission for the recording or broadcasting of their live performances and subsequent commercial exploitation of those recordings. Performers’ rights are important for broadcasters and record and film companies which hire performers: they must ensure that the performers give all the necessary permissions in their contracts or the project will not be able to proceed. The rights last for 50 years, or 70 years for EU musicians. The development of sound recording and movie technology meant that it was not necessary for everyone to hire the services of a performer in order to enjoy their performance and this triggered the development of performers’ rights. There are legal provisions protecting some performers against signing away all their rights in these contracts. Performers’ rights have been harmonized by the European Union.