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HAIL Tip Sheet 24: Moral Rights & Performance Rights

As the creator of the copyright, you also have "moral rights".

The right of paternity is simply the right to be credited on the recording itself as the composer of the work. 

The right of integrity is the right to prevent any derogatory treatment of your work.  For example, if someone sampled your work without your consent, you may also consider they had in some way prejudiced your reputation. In this case, you may be able to bring a claim for breach of your moral rights. If the sample is substantial, you may also be able to bring a copyright infringement claim.

 Performance Rights

The copyright Act also gives rights to performers in respect of their live performances and also in relation to the recordings made of their performances.  As a general rule a recording of a performance cannot be exploited without the consent of the performer.  Performance rights are separate and different from copyright or moral rights.  Performance rights are in addition to and independent of any copyright in or moral rights relating to any work performed or any sound recording of the performance.   

There is a distinction between:

  1. The right that a performer has in his performance; and
  2. The right of a copyright owner to prevent the public performance of his work.

A "performance" is defined as:

  1. A dramatic performance
  2. A musical performance
  3. A reading or recitation of a literary work
  4. A performance of a variety act or similar presentation

Examples of those who have rights in their performance:

  • Musicians
  • Actors
  • Dancers
  • Singers
  • News presenters

 The New Rental Right Directive

Performers now have the right to receive payment for the exploitation of their performance when it is broadcast or communicated to the public. For example: A session musician actually has rights in his/her performance. In addition to the performers right to object to the exploitation of his performance without his consent, session musicians can now sign up directly with the PPL and collect income from the exploitation of their performance on the recording.


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