Performance Rights

Definition

Performance rights refer to the exclusive rights granted to copyright owners to control the public performance of their copyrighted works. This includes the right to authorize or prohibit the live or recorded performance of a work in a public setting, such as a concert, play, or broadcast.

5 Must Know Facts For Your Next Test

1. Performance rights were expanded in the 1976 Copyright Act, which granted copyright owners the exclusive right to control the public performance of their works.
2. The performance right applies to a wide range of copyrighted works, including music, plays, movies, and even certain types of software and visual art.
3. Performing Rights Organizations (PROs), such as ASCAP, BMI, and SESAC, play a crucial role in administering and enforcing performance rights on behalf of copyright owners.
4. Businesses that use copyrighted works in their operations, such as radio stations, restaurants, and event venues, must obtain performance licenses from PROs to avoid copyright infringement.
5. The performance right is an important source of revenue for copyright owners, as it allows them to be compensated for the public use of their works.

Review Questions

• Explain how the 1976 Copyright Act expanded the scope of performance rights.
  • The 1976 Copyright Act significantly expanded the scope of performance rights by granting copyright owners the exclusive right to control the public performance of their works. Prior to this, performance rights were more limited, but the new law recognized the growing importance of public performances, such as in radio, television, and live events, as a means of generating revenue for copyright owners. This expansion gave creators greater control over the use of their works and the ability to be compensated for their public performance.
• Describe the role of Performing Rights Organizations (PROs) in the management and enforcement of performance rights.
  • Performing Rights Organizations (PROs) play a crucial role in the administration and enforcement of performance rights. PROs, such as ASCAP, BMI, and SESAC, license the public performance rights of copyrighted musical works on behalf of copyright owners. They collect royalties from businesses and organizations that use copyrighted music in their operations, and then distribute those royalties back to the copyright owners. PROs also work to identify and address instances of unauthorized public performances, helping to ensure that copyright owners are properly compensated for the use of their works.
• Analyze how the performance right has impacted the revenue streams and business models of copyright owners.
  • The performance right has become an increasingly important revenue stream for copyright owners, particularly in the music industry. By granting copyright owners the exclusive right to control the public performance of their works, the performance right has allowed them to generate significant income from the use of their creations in various public settings, such as radio, television, live events, and digital streaming platforms. This has, in turn, influenced the business models of copyright owners, who now place a greater emphasis on licensing their works for public performance and monetizing these uses, rather than solely relying on revenue from physical sales or downloads. The performance right has thus become a critical component of the overall strategy for many copyright owners to maximize the value of their creative works.

Related terms

Copyright:

The legal protection granted to the creator of an original work, which gives them exclusive rights to reproduce, distribute, display, perform, or create derivative versions of that work.

Public Performance: The live or recorded presentation of a copyrighted work to an audience, whether in a public or private setting, where the public is granted access.

Performing Rights Organizations (PROs): Agencies that license the public performance rights of copyrighted musical works on behalf of copyright owners, and distribute royalties to those owners.