What are rights in performances and sound recordings?
Rights in In the context of music, when a musical work is played live or on a sound recording. and Typically, the recorded performance of a musical work protected as a phonogram under copyright law. derive from National laws that protect creators' and other rights holders' moral and economic rights in musical works, performances, and sound recordings. and include both Rights that protect the identity, integrity, and reputation of creators and their work. and The rights to control or receive payment for the commercial exploitation of works, performances, sound recordings, and broadcasts.. Economic rights can be either The rights to determine the terms and conditions under which a musical work, performance, or sound recording can be licensed or not for use. or Under copyright law, the right to have payment for the use of a musical work, sound recording, or performance under a statutory license.. In most countries, rights in performances and Typically, the recorded performance of a musical work protected as a phonogram under copyright law. are called or neighbouring rights. These rights are similar to The ownership of rights in a song under copyright law. In Laws principally based on court decisions rather than codes or statutes in countries that follow an English legal tradition countries, they are also called copyrights.
See a breakdown of those rights on our pages on Copyright and Related Rights, Moral Rights, Economic Rights, and Common Music Industry Rights.
Who has rights in performances and sound recordings?
In the context of music, a creator playing a musical work live or on a sound recording. automatically own the rights in their live and recorded performances.
Companies or individuals responsible for the recording, sometimes called The person or company taking the responsibility for making a sound recording., can be Artists that release their music without the support of a record label., A company that invests in, manufactures, distributes, promotes, and monetizes sound recordings on behalf of the artist. or Not affiliated with any other entity or company. Sometimes called a studio producer or record producer, a person who typically helps a recording artist record a musical work. They are usually responsible for the entire recording process., automatically own the rights in their sound recordings.
Performers can transfer most of their economic rights, typically to record labels who then become owners of both the sound recording and the recorded performance. They can also assign some of their rights to a An organization that acts collectively on behalf of the rights holders it represents and collects and pays remuneration to rights holders.. In some cases, the record producer or employer may have these rights by law or contract. CMOs collect some remuneration rights for songwriters, performers, and other rights holders that are non-waivable and not transferrable.
Owners of the sound recordings can manage their exclusive rights, transfer those to, for example, a record label, or assign some of their rights to a CMO.
Most sound recordings result from collaboration, particularly in terms of including many different performances. When there is more than one performance included in a sound recording, the income from the use of the sound recording is then shared among its various performers and the sound recording owner.
Check out our pages on Sound Recording Owners and Sound Recording Splits for more information.
How long do rights in performances and sound recordings last?
Rights in performances and sound recordings are in most countries protected at least 50 years after the creation of the sound recording or the first publication of the sound recording.
To find out the terms of protection in your country, ask your CMO or your country’s national Copyright Office.
When performances and sound recordings are no longer subject to copyright or related rights protection, they enter the When a musical work, performance, or sound recording is no longer protected under copyright law.; for more information, visit the Public Domain page.
Image credit: Martin Dam Kristensen