What are rights in performances and sound recordings?
Rights in and derive from and include both and . Economic rights can be either or . In most countries, rights in performances and are called or neighbouring rights. These rights are similar to . In 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?
automatically own the rights in their live and recorded performances.
Companies or individuals responsible for the recording, sometimes called , can be , or , 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 . 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 ; for more information, visit the Public Domain page.
Image credit: Martin Dam Kristensen