Performing rights

What are performing rights?

In the music industry, performing rights are the right to perform a musical work or sound recording publicly. 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, the right of communication to the public, the right of broadcasting and the right of making available to the public, which are economic rights protected by copyright law.

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 between the songwriters, who may also share their performing rights split with their music publisher.

Performing rights in musical works are typically managed by CMOs sometimes called Performing Rights Organizations (PROs) or Music Licensing Companies (MLCs).

Performing rights in performances are owned and split between the performers, who may also share their performing rights split with their record label.

Performing rights in sound recordings are owned by the rights holders of the sound recording, which can be either a record label or a independent self-releasing artist.

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 must send to the local CMO 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 are then reported to record labels, music publishers, aggregators, and CMOs to remunerate rights holders of both the musical works and sound recordings.

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