Performing Rights

What are performing rights?

In the music industry, performing rights are the right to perform a musical work An original musical composition with or without lyrics. or sound recording Typically, the recorded performance of a musical work protected as a phonogram under copyright law. publicly In the context of music, when a song is played to an audience or consumers.. This applies, for example, when a musical work is performed live, such as in a concert, and in most countries, when a sound recording of a musical work is streamed, broadcast on radio or TV, or played in bars and restaurants.

Performing rights may involve the right of public performance When a musical work or sound recording is played live or communicated to the public, such as in clubs or restaurants, on radio, television, or streaming platforms., the right of communication to the public When a musical work or sound recording is played live, made available online or transmitted by any means other than distributing physical copies, for example at concerts, in clubs, on radio or tv, by webcasting or streaming., the right of broadcasting The right to play to the public a music work or sound recording by signal transmission, for example on radio or television and the right of making available to the public The right to communicate to the public a music work or sound recording in such a way that members of the public may access the work or sound recording from a place and at a time individually chosen by them, such as streaming or downloading, which are economic rights The rights to control or receive payment for the commercial exploitation of works, performances, sound recordings, and broadcasts. protected by copyright law National laws that protect creators' and other rights holders' moral and economic rights in musical works, performances, and sound recordings..

Explore our pages on Rights in Musical Works and Rights in Performances and Sound Recordings for more.

Who has the performing rights?

Performing rights in musical works are owned and split Also sometimes referred to as shares, the portion of ownership a rights holder has or the portion of income they are entitled to. between the songwriters A person who makes an original contribution to the creation of a musical composition or lyrics., who may also share their performing rights split with their music publisher A company that represents songwriters, supporting their career development, monetizing musical works, and protecting copyrights. ​​​.

Performing rights in musical works are typically managed by CMOs An organization that acts collectively on behalf of the rights holders it represents and collects and pays remuneration to rights holders. sometimes called Performing Rights Organizations (PROs) or Music Licensing Companies (MLCs).

Performing rights in performances are owned and split between the performers In the context of music, a creator playing a musical work live or on a sound recording., who may also share their performing rights split with their record label A ​​​​​​company that invests in, manufactures, distributes, promotes, and ​​monetizes sound recordings on behalf of the ​​artist..

Performing rights in sound recordings are owned by the rights holders A person or company that has Intellectual Property Rights in a musical work, performance or sound recording of the sound recording, which can be either a record label or a independent self-releasing Without a contractual agreement with a record label and or music publisher artist In the context of music, a solo performer or group of performers who perform a musical work live or recorded..

In some countries, the performing rights of performers and sound recording rights holders are more limited, for example, in the USA.

Performing rights in performances and sound recordings are managed by record labels and CMOs called Related Rights Organizations.

Visit our pages on Record Labels and CMOs to learn more.

What are set lists and playlists?

In the music industry, set lists and playlists are important in helping manage songwriters, performers, and sound recording owners’ performing rights and royalties.

Set lists and playlists can mean both:

• Lists of musical works performed during concerts and other live performances that concert organizers People or entities that organize concerts and other live performance events. must send to the local CMO An organization that acts collectively on behalf of the rights holders it represents and collects and pays remuneration to rights holders. as part of their obligation to remunerate the songwriters and other rights holders of those musical works,

  and

• Lists of sound recordings played by broadcasters or DSPs Digital Service Provider: an online platform that provides streaming or download services to consumers. are then reported to record labels, music publishers, aggregators A type of distributor that only distributes sound recordings to online stores and streaming platforms., and CMOs to remunerate rights holders of both the musical works and sound recordings.

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